Success Stories: NIW Petition Approved in 43 Days for Taiwanese Postdoctoral Associate in the Field of Virology (Based on Matter of Dhanasar)

Client’s Testimonial:

“Thank you so much for all your effort and patience that make this possible! I highly recommend North America Immigration Law Group (Chen Immigration Law Associates) to my fellow research professionals.”

On September 29th, 2017, we received another EB-2 NIW (National Interest Waiver) approval for a Postdoctoral Associate in the Field of Virology (Approval Notice).

General Field: Virology

Position at the Time of Case Filing: Postdoctoral Associate

Country of Origin: Taiwan

Service Center: Texas Service Center (TSC)

State of Residence at the Time of Filing: Maryland

Approval Notice Date: September 29th, 2017

Processing Time: 43 Days

Case Summary:

With a doctoral degree and extensive experience in the field of virology, it came as no surprise that our client secured EB-2 NIW (National Interest Waiver) approval. As the cherry on top of the cake, the USCIS only spent 43 days adjudicating our client’s case before approving it.

Matter of Dhanasar:

As our client’s case was filed after December 27th, 2016, we prepared it based on Matter of Dhanasar, the analytical framework used by the USCIS to determine a petitioner’s national interest waiver eligibility. We had to prove the following:

  • Our client’s virology research has both substantial merit and national importance;
  • Our client is well positioned to advance the proposed endeavor;
  • On balance, it would be beneficial to the United States to waive the job offer and labor certification requirements

Among other things, we proved that our client met the three requirements by noting the 9 peer-reviewed journal articles and 1 U.S. patent application in his name. We also detailed the 94 times his work was cited by other researchers. Furthermore, we carefully reviewed and summarized his research on virus replication, transmission, and pathogenesis. Our goal was to convince the USCIS that our client’s work is crucial for developing novel treatments and preventive measures that effectively control Marek’s disease virus (MDV) and ensure that the poultry industry is able to meet the demands of American consumers.

To strengthen our client’s petition, we included recommendation letters obtained from other expert virologists. According to one of them: “[Client’s] assistance in bringing new influenza drug varieties to the market provides especial benefit because the influenza virus continues to develop drug-resistant strains. His research thus has a positive impact on maintaining the good health of vast numbers of people worldwide…”

We congratulate our client for securing the national interest waiver, and we wish him the best as he adjusts his status for permanent residence by filing an I-485 application.

North America Immigration Law Group (Chen Immigration Law Associates) is a U.S. immigration law firm dedicated to representing corporations, research institutions, and individuals from all 50 U.S. states regarding I-140 immigration petitions. We specialize in employment-based immigration petition and have a proven record of high success rate for the categories of: EB2-NIW (National Interest Waiver), EB1-A (Alien of Extraordinary Ability), EB1-B (Outstanding Researcher/Professor) and O-1 (Alien of Extraordinary Ability).

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With more than 16,000 EB-1A, EB-1B, EB-2 NIW and O-1 cases approved, we have first hand information on the manner in which the USCIS adjudicate I-140 cases. As the USCIS has constantly changed its adjudication standards for the EB-1A, EB-1B and EB-2 NIW categories, our firm's huge database of successful cases gives you unprecedented insight to USCIS adjudication trends. We carefully analyze the data for all of our cases and apply the results of our analyses toward giving our clients up-to-date advice and adapting our strategies such that we remain on par with the ever-shifting landscape of immigration law in the U.S. With us, you will always have access to important updates, strategies, and information so that you can make the most informed decisions about your case.

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