Success Stories: NIW and EB-1B Petitions Approved for Chinese Research Associate in Ohio in the Field of Biochemistry

 

Client’s Testimonial:

“Thank you guys so much for all the help!”


On March 23rd and April 6th, 2016, we received another EB-2 NIW (National Interest Waiver) and EB-1B (Outstanding Professors and Researchers) approval for a Research Associate in the Field of Biochemistry (Approval Notice).


 

General Field: Biochemistry

Position at the Time of Case Filing: Research Associate

Country of Origin: China

Service Center: Nebraska Service Center (NSC)

State of Residence at the Time of Filing: Ohio

Approval Notice Date: March 23rd, 2016 (EB-2 NIW), April 6th, 2016 (EB-1B)

Processing Time: 7 months, 27 days (EB-2 NIW), 9 Days (EB-1B, Premium Processing Requested)

 


Case Summary:

A gifted research associate from China hired North America Immigration Law Group (WeGreened.com) to help him get one step closer to a green card. Like many of our clients, he chose to file two I-140 petitions as it would increase his chances of getting a petition approval. Our client opted for the EB-2 NIW (National Interest Waiver) and EB-1B (Outstanding Professors and Researchers) visa categories. Five days after receiving an EB-2 NIW approval notice, we filed an EB-1B petition on his behalf. Thanks to Premium Processing, our client received notification of case approval just nine days after it was filed. We are pleased that the USCIS approved our client’s EB-1B petition as it allows him to file an I-485 application (last step towards a green card) immediately without having to wait for his priority date to become current.

EB-2 NIW vs. EB-1B:

As EB-2 NIW and EB-1B are two different visa categories, it comes as no surprise that they feature different requirements. One of the biggest differences between the two is that our client can self-petition for his EB-2 NIW, whereas his U.S. employer must petition for his EB-1B. For this reason, our client had to get his employer’s full support before filing his EB1B case. His employer—a nonprofit corporation—agreed to serve as his petitioner and furnished us with all the documents needed to proceed.

Petition Packets:

Despite being significantly different visa categories, our petition packets contained some overlapping details:

  1. Professional and Academic Accolades: We noted our client’s doctoral degree and the 91 citations to his work in both petition packets.
  2. Research Projects: We clearly documented our client’s various research efforts on mass spectrometry-based protein kinetics analysis by heavy-water metabolic labeling, as well as high-density lipoprotein and mitochondrial proteome dynamics. We proved that his findings directly contribute to the United States pharmaceutical and medical industries.
  3. External Support: Both petition packets contained recommendation letters contributed by some of the top minds in the field of biochemistry. The letters that our client initially gathered to support his EB-2 NIW petition were also incorporated into his EB-1B petition. They served as strong evidence that our client is a leader in his field and that other researchers are benefitting from his findings. For instance, one of our client’s recommenders noted that “… [Client] has proven that his work is novel to the field. Time and time again, [Client] has developed research methods that today, are distinguished as the standard for biochemical research in U.S. research institutions. In my experience, [Client] exemplifies the rigor and standards that mark him as an exceptional researcher and expert among his peers. To withhold him from commencing in his research accomplishments would, to my best knowledge, hamper the progress of research in several fields.”

Favorable Outcome:

We would like to congratulate our client for attaining two I-140 petition approvals. We thank him for selecting our law firm to represent his cases, and wish him the best as he continues to advance the field of biochemistry.