Success Story: NIW Approval for a Postdoctoral Research Associate in Oncology

Recently, we at Chen Immigration Law Associates received another EB2 NIW (National Interest Waiver) Approval for a Postdoc researcher specializing in Oncology. Approval Notice)

General Field: Oncology Position at the Time of Case Filing: Postdoctoral Research Associate National Origin: Korea Service Center: Texas State Residing at the Time of Filing: Maryland

Case Summary:

When petitioning for EB2 NIW (National Interest Waiver) cases, we at Chen Immigration Associates submit evidence that proves that: our clients seek employment in an area of substantial intrinsic merit, the proposed benefit of our clients’ current work is national in scope, and that the national interest would be adversely affected if a labor certification were required.

In this case we started off by proving the first criterion by highlighting the importance of their research. This client had received higher degrees, including a PH.D from a Korean institution in biochemistry. Moreover, this client has made, and continues to make significant contributions to the fields of biochemistry and oncology, including many discoveries that place them among the first researchers in the world to publish such findings. For example, this researcher was the first researcher to affix the deoxyhypusine synthase enzyme to the membrane by controlling the electrostatic charges of the membrane, which has contributed to the understanding of eukaryotic cells and cell growth. This area is defined as important through other researchers that have stated “The area of research that Dr. X has pioneered is essential to the important progress in the field of cancer research. Thus, his research could contribute greatly to our community, society and country.”

Secondly, we gathered evidence to support the second criterion that our clients’ current work is national in scope. We did this by illustrating the contributions made by this client to their field. More specifically this client had worked in both an academic and industry setting, proving the importance of their research. Moreover, we highlighted that through this client's research public health institutions would have the capability to implement advanced technologies, with an overall increase in the effectiveness of treatments for a variety of types of cancers (such as ovarian) and subsequent betterment of public health.

Lastly, we at Chen Immigration Law Associates proved that the national interest would be adversely affected if a labor certification were required for this client. This was done by drafting independent advisory letters from professionals and researchers that work in the same field as our client. When drafting these letters we always ensure that they are of the highest quality as to ensure a swift and irrefutable case approval. In this case we obtained letters with statements such as the following: “Dr. X’s consistent record of important accomplishments in the field fully substantiates my confidence that they will continue to make groundbreaking discoveries and contributions to the understanding of cancer, thereby further advancing our efforts to restrict the incidence of this lethal disease” as well as “Dr. X’s ability to continue to apply their extraordinary scientific skills and gifts in the U.S. is clearly of national and international importance, and I am confident that granting him permanent resident status is in the best interest of the United States.”

Using this proven strategy, while correctly articulating the importance surrounding this client’s valued work, we at Chen Immigration Law Associates were able to secure approval for this petition on March 18th, 2013.

With this in consideration, it is important to emphasize that the processes and expertise practiced by Chen Immigration Law Associates. Not only do we develop the best possible strategies for each case, but we execute these strategies with the utmost effectiveness!