by Victoria Chen, Esq., J.D.

Background: : The petitioner seeks classification pursuant to section 203(b)(2) of the Immigration and Nationality Act (the Act), as a member of the professions holding an advanced degree. The petitioner seeks employment as a geodesist. 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.

USCIS Decision: 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’s Reasons of Denial: The petitioner submitted evidence of her published articles and abstracts and her presentations at conferences. The director noted that publications and presentations do not necessarily set a researcher apart from other researchers. At issue is whether the published and presented work has proven influential. The director noted the lack of evidence of heavy citation and concluded that the petitioner had not established her influence in the field.

USCIS’s Reasons of Denial : The petitioner submitted evidence of her published articles and abstracts and her presentations at conferences. The director noted that publications and presentations do not necessarily set a researcher apart from other researchers. At issue is whether the published and presented work has proven influential. The director noted the lack of evidence of heavy citation and concluded that the petitioner had not established her influence in the field.

AAO’s Decision: The AAO opined that while citations can certainly constitute useful and probative evidence of the influence of a given article, it is not the only type of evidence that can demonstrate an alien’s influence. The AAO find sufficient evidence other than citations that, in the aggregate, adequately demonstrates the petitioner’s influence in the field.

1. An independent’s testimony that his successful proposal was based on the petitioner’s two papers and the petitioner continued to provide guidance to the project.

2. Requests for her recent research and unpublished data.

3. Request from institution in Australia, which indicated that an independent researched had applied the petitioner’s data.

4. A request from national research institutions for petitioner’s recent presentation.

5. The petitioner was a member of the H Precipitation Executive Committee of the American Geophysical Union (AGU). In addition, the petitioner successfully proposed several AGU conference sessions, for which she solicited abstracts. The petitioner was also invited to chair an AGU conference session. Chair of the AGU Precipitation Committee asserts that the committee has only 23 members from “across the globe” and that the petitioner was invited to join the committee based on her research on rainfall and floods. The independent witness explains that upon joining the committee, the petitioner collaborated with other committee members to convene special sessions that have attracted 20 submissions and attracted media attention. The record contains an e-mail addressed to the petitioner regarding a press conference.

The AAO therefore concluded that the petitioner has sustained the burden of proof.

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).

Our Ten Thousand I-140 Approvals Provide Unprecedented Insight into the USCIS Adjudication Trend

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.

We Have Helped Hundreds and Thousands of Clients with Credentials and Backgrounds Similar to Yours

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.

Vast Majority of Clients Came to Us Because of Referrals

For years, our firm has attracted new clients based solely on word of mouth, recommendations, and the positive collaboration experiences shared with them by their friends and family. We take pride in our reputation and work hard to ensure that we provide a green card application experience that our clients are happy to share with their friends and colleagues. That is how our approved cases grew from 600 in 2013 to over 3,500 in 2019.

---

To see more clients’ testimonials and approvals, please refer to:

Client's Testimonials

Approval Notices

To Learn More About Your Options CLICK HERE

---

Copyright © North America Immigration Law Group – WeGreened.com, All Rights Reserved.