Background:

The petitioner seeks employment as a research associate at the National Jewish Medical and Research Center (NJMRC). The petitioner asserts that an exemption from the requirement of a job offer, and thus of a labor certification, is in the national interest of the United States. The director found that the petitioner qualifies for classification as a member of the professions holding an advanced degree but that the petitioner had not established that an exemption from the requirement of a job offer would be in the national interest of the United States.

USCIS Decision:

The director denied the petition, stating that the record lacks independent
confirmation that the petitioner’s research has been especially important or
influential within his field. The director asserted that the petitioner’s citation
record is minimal, suggesting that the petitioner’s many published articles have
had minimal impact on other researchers. The director also questioned whether the
petitioner had been a key researcher on his various projects.  The petitioner has submitted documentation showing how frequently three of his articles have been cited. One was cited once, which was a self-citation; a second article was cited three times; and a third has 11 citations, including two self-citations, for an aggregate total of 12 independent citations.

AAO Decision:

The new citation materials submitted on appeal show 34 citations of the petitioner’s work, five of which are self-citations. This total includes the 15 citations previously documented. This evidence, pertaining to work that the petitioner had done before the petition was filed, indicates that the petitioner’s research has had significant and growing influence. The director had observed that the petitioner was the second-named author, rather than the first-named author, for most of the cited articles. The petitioner’s collaborators have explained the nature and extent of the petitioner’s contributions to these articles and the projects that gave rise to them. The full scope of witness letters extends beyond these collaborators, and further confirms that one need not have worked with the petitioner to recognize the importance of his past contributions.

Upon careful consideration of the available evidence, on balance the materials in the record are favorable toward the petitioner’s claim of eligibility for a national interest waiver. The record offers independent evidence of the significance of the petitioner’s work, in the form of witness letters and increasing citation of the petitioner’s published work. The record supports the claim that the petitioner’s efforts have yielded important new information regarding a genetic basis of cancer.

from Chen Immigration Law Associates

 

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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With our exceedingly large number of successful petitions, no matter what credentials you have, no matter your background and field of expertise, no matter your visa status or nationality, chances are we have helped hundreds or even thousands of clients just like you. Our clients are usually impressed with how well we understand their research and work. Our insight and understanding stems from the fact that we have handled many cases with elements similar to yours already, and this helps us devise the best strategies for each individual petition.

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