Request for Evidence – Chen Immigration Blog

Success Stories: NIW Petition Approved for Postdoctoral Research Fellow from Vietnam in the Field of Biomedical Science

wegreened — Tue, 30 Oct 2018 03:52:06 +0000

Client’s Testimonial:

“I received an Approval Notice for my I-140 petition yesterday. Thank you very much for your work during the preparation of my petition.”

On August 15^th, 2018, we received another EB-2 NIW (National Interest Waiver) approval for a Postdoctoral Fellow in the Field of of Biomedical Science (Approval Notice).

General Field: Biomedical Science

Position at the Time of Case Filing: Postdoctoral Research Fellow

Country of Origin: Vietnam

State of Residence at the Time of Filing: New Jersey

Approval Notice Date: August 15^th, 2018

Processing Time: 8 months, 3 days

Case Summary:

A Vietnamese postdoctoral research fellow based in New Jersey who is working in the field of biomedical science hired North America Immigration Law Group (WeGreened.com) to help him obtain EB-2 NIW (National Interest Waiver) approval. Despite his impressive research background and various accomplishments in the field, he needed our expertise to present a customized EB-2 NIW case to the USCIS, and prove to them that his research on the mechanisms of and treatments for major respiratory and circulatory conditions is critical to the United States. His major findings benefit as many as ten millions Americans suffering from related diseases such as lymphoedema, pulmonary edema, and other illnesses caused by fluid imbalance.

We put together our client’s NIW petition by presenting evidence to support the argument that he is an exceptional researcher in the field of biomedical science. In the petition dossier, we informed the USCIS that our client’s 3 publications were cited 17 times. Furthermore, we concluded that his work is significantly beneficial because it provides us with viable alternatives to pursue techniques for working around the issues of alleviating acute respiratory distress syndrome, or ARDS. Six letters of recommendation were also included to accredit his contributions to the field. One of the recommenders noted: “Because of [Client]’s findings, scientists are now able to move ahead in the creation of treatments for ARDS […]. Therefore, I can confidently state that [Client] has profoundly impacted biomedical research.”

As we have successfully petitioned over 10,000 I-140 cases, we have unprecedented insight into what the USCIS is looking for when adjudicating petitions. This allowed us to confidently respond to the Request for Evidence (RFE) our client’s NIW petition received, and this persuaded the USCIS that our client truly is an asset to the US. We congratulate our client for overcoming this significant challenge in the green card process, and we thank him for retaining our I-485 services to help him adjust his status for permanent residence.

Success Story: EB-2 NIW (National Interest Waiver) Approval for a Postdoc Researcher in the field of Physical Chemistry

wegreened — Wed, 30 Jan 2013 16:31:10 +0000

On January 26, 2013, Chen Immigration Law Associates received yet another EB2 NIW (National Interest Waiver) for a Researcher in the field of Physical Chemistry.Approval Notice)

General Field:Physical Science
Position at the Time of Case Filing: Post-Doctoral Researcher
National Origin: Indonesian
Service Center: Nebraska
Processing Time: 130 days

Case Summary:

Another successful petition by Chen Immigration Law Associates for a Research Scientist in 130 days, less than average time for Nebraska Service center which averages 6 months in approvals. Because this candidate was filing an EB2 NIW (National Interest Waiver Petition), it was crucial to gather extensive evidence in order to prove that the candidates work was within the best interest of the Nation.

In order to accomplish this feat, we at Chen Immigration Law Associates developed a unique strategy to showcase the candidate’s contributions and work in the field of Physical Science exemplifying the significant impact to the field as a whole as well as to the country at large.

Our candidate’s primary work was in water purification and catalyst reactions both of which are extremely important to our health as a nation, but to prove her unique abilities it was vital that we sought experts in the field who could verify the merit and national scope of her work. In order to accomplish this, we at Chen Immigration Law Associates assisted in the drafting of six letters of recommendation, 3 of which were independent experts who did not personally know our candidate but reviewed, edited and signed the strategically drafted recommendation letters.

Furthermore, to document the influence of our candidate’s research in the field of Physical Science, we at Chen Immigration Law Associates researched and cited AAO rulings that were applicable to this case which provided the necessary evidentiary support to get approval and ruling in favor of our candidate. This was especially important to this case where the candidate had only 50 citations. With an understanding of how important citation counts are to many petitions filed by postdoctoral researchers, it is imperative that new and unique methods are utilized to emphasize the expertise associated with the client’s work. We at Chen Immigration Law Associates completed this by referencing AAO rulings that substantiated the credentials of our client.

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 January 26, 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!

Success Story: EB-2 NIW (National Interest Waiver) Approval for a Postdoc Researcher in the field of Virology and Immunology

wegreened — Fri, 18 Jan 2013 21:09:35 +0000

Client’s testimonial:

After consulting with a couple of attorneys, I decided to go with [Chen Immigration Team] for my EB2-NIW application. [Chen Immigration Team] worked with a great professionalism with me from the beginning to the end. They drafted letters within a week for me as promised in the attorney-client retainer agreement and never delayed anything throughout the whole process. We went back and forth a couple of times until both parties agreed. With [Chen Immigration Team], you will get everything done within 5 months. I am so glad I selected them as my attorney and It took only 5 months and 10 days to get my NIW petition approved from the date I signed the retainer agreement with them. Unless one of my recommendation/reference letters got delayed, it could have been only 4 months for the whole process.

On December 3rd, 2012, we received another EB-2 NIW (National Interest Waiver) Approval for a Postdoc Researcher in the field of Virology and Immunology. Approval Notice)

General Field: Virology and Immunology
Position at the Time of Case Filing: Researcher
National Origin: India
Service Center: Texas
Processing Time: 70 Days

Case Summary:

The typical processing time for an EB-2 NIW (National Interest Waiver) petition is 4 months. In order to facilitate the best possible chances for a swift approval in each case, we at Chen Immigration Law Associates are meticulous in our methods for gathering evidence. For this reason, we were able to secure approval for this petition in only 70 days, or 42% faster than typical cases.

In this specific case, we at Chen Immigration Law Associates worked directly with the client to procure the best possible evidence in order to establish support for each of the claimed criteria. First, we worked towards proving that this client was seeking employment in an area of substantial intrinsic merit. As this client had achieved several advanced degrees, specifically a Master of Science in Botany, and a Ph.D. in Microbiology and Immunology, we highlighted these accomplishments and dedication towards scholarly pursuits. Additionally, we at Chen Immigration Law Associates noted the published works associated with this client’s research. Specifically, we highlighted the number of peer-reviewed scientific articles this petitioner had written (10), and the exceptionally high impact these works have had on the scientific community gathering a citation record of at least 115 citations by prestigious institutions both nationally and internationally.

Secondly, we gathered evidence to support the proposed benefit of this client’s work and its overall national benefits. Dedicating time towards gathering support for the specific contributions this client has made to their field of endeavor, we at Chen Immigration Law Associates worked diligently with the client to secure eight recommendation letters from experts in numerous fields of interest. In order to provide the best possible associated evidence, we drafted these letters that were then reviewed, edited, and signed by each recommender providing significant testimony in reference to the proposed benefits of the client’s ongoing research.

Finally, we proved that the national interest would be adversely affected if a labor certification were required. As this is arguably the most daunting task associated with filing EB-2 NIW (National Interest Waiver) petitions, it is important that each case establishes evidence directly corresponding to their claimed criteria. We at Chen Immigration Law Associates believe in gathering evidence in such a manner that each criterion is so well supported that the adverse effects associated with an unfavorable ruling are insurmountable. With significance of evidence reinforced through the testimony of field experts, analytics of published impacts derived from top analytic software; and evidence of field contributions and their direct relation to the national interest, we at Chen Immigration Law Associates worked diligently to provide the best possible chance for a swift approval in this case.

Using this proven strategy, while correctly articulating the importance surrounding this client’s valued work towards the national interest, we at Chen Immigration Law Associates were able to secure approval for this petition on December 3rd, 2012.

Success Story: EB1A (Aliens of Extraordinary Ability) Approval for Cardiologist after RFE

wegreened — Thu, 10 Jan 2013 17:15:45 +0000

Recently we received another EB1a (Aliens of Extraordinary Ability) from a Cardiologist after RFE (Request for Evidence). (Approval Notice)

General Field: Cardiovascular Medicine and Public Health
Position at the Time of Case Filing: Resident Assistant Professor
National Origin: India
Service Center: Nebraska
Processing Time: 89 Days

Case Summary:

In this specific case, we at Chen Immigration Law Associates assisted a client who had received a RFE (Request for Evidence) after his initial filing. Although receiving an RFE does not necessarily mean that a petition will be denied, it is important that all evidence is presented in the most comprehensive manner possible to ensure a timely approval.

As this petitioner was working as an Assistant Professor during the time of his original petition, but focused predominantly on research in the field of cardiovascular medicine and public heath, it was crucial that his influence on the public health sector be emphasized in order to meet the criteria outlined by this petition. Specifically, this client had spent a significant portion of research focusing on specific cardiovascular research and clinical/patient outcomes, which resulted in his influence on public health in the United States and worldwide through the FDA’s issue of a warning for the drug Celxa. It is through this work that the client impacted the field of cardiovascular medicine and public health as a whole, while simultaneously rising to the very top of his field of endeavor and enjoying substantial international acclaim.

In order to provide additional evidence supporting the merit of this client’s work, we at Chen Immigration Law Associates outlined his achievements and qualifications through the drafting of eight recommendation letters on behalf of experts in numerous associated fields. These recommendation letters were submitted to be reviewed, edited, and signed, providing significant evidence of this client’s support for ongoing research in the United States, as well as, substantial testimony of his impact and contributions to the field of cardiovascular medicine and public health. Furthermore, we at Chen Immigration Law Associates documented the significant published works of this client and substantial citation record associated with these works, granting additional evidence of his exceptional and extraordinary ability associated with his field of endeavor.

With consideration of providing additional evidence for a swift approval of this petition, we at Chen Immigration Law Associates worked diligently to research AAO (Administrative Appeals Office) decisions that strengthened the credentials of this client, through the reference and comparison of appealed petitions granted to candidates with less impressive or substantial credentials.

Success Stories: NIW Petition Approved for Postdoc Researcher after RFE

wegreened — Wed, 09 Jan 2013 23:23:12 +0000

On January 3rd, 2013, we received another EB-2 NIW (National Interest Waiver) Approval after RFE (Request for Evidence). (Approval Notice)

General Field: Agricultural Economics
Position at the Time of Case Filing: Researcher
National Origin: Israel
Service Center: Texas
Processing Time: 45 Days

Case Summary:

It is important to note, when filing any petition, the organization of evidentiary support must be completed with the utmost meticulousness. Over 40% of cases filed by Chen Immigration Law Associates are in response to RFEs (Request for Evidence) resulting from insufficient evidence or incorrect filing completed by other law firms or individuals themselves.

In this specific case, the legal services of Chen Immigration Law Associates were retained by a client who had unsuccessfully filed their EB-2 NIW (National Interest Waiver) petition on their own. After reviewing this client’s case, we at Chen Immigration Law Associates helped him gather additional evidence and organize this evidence in the most efficient way possible in order to secure a swift approval.

In order to gather the best possible evidence reinforcing the national interest associated with this clients ongoing research, we at Chen Immigration Law Associates submitted five additional testimonial letters from independent experts, testifying to the substantial influence and specific field implementation and utilization of this client’s original research analyses in the national and international field of endeavor. This research; as noted by independent testimony, would affect the fields of economics and agriculture as a whole, as well as the emerging field of renewable energy—both through scientific advancements and data analysis contributions.

In addition to this important testimony, we at Chen Immigration Law Associates reinforced the intrinsic merit and national benefits associated with this client’s ongoing research in the field of Agricultural Economics by highlighting how these contributions have influenced United States policymakers, and have directly impacted an array of independent studies where researchers have utilized this client’s models in the advancement of their own findings in the international community of agriculture and economics.

Finally, to promote the adverse effects if a labor certification were required, we reinforced how the client’s specific prior achievements justify the projected future benefits.
In this case, the client’s achievements and top-tier expertise prove he is destined to make significant contributions to his field of endeavor in the future. Furthermore, this client’s past accomplishments prove he is especially qualified to make substantial strides that are likely far greater than those of his peers. With this in mind, we at Chen Immigration Law Associates stressed that his outstanding level of productivity cannot be taken into consideration through a labor certification, and therefore required the granting of this EB-2 NIW (National Interest Waiver).

Using this unique strategy, while correctly articulating the importance surrounding this client’s valued work towards the national interest, we at Chen Immigration Law Associates were able to secure approval for this petition on January 3rd, 2013, just 45 days after its filing.

Success Story: EB-2 NIW (National Interest Waiver) Approval for Postdoc Researcher after RFE

wegreened — Tue, 08 Jan 2013 20:12:33 +0000

Client’s testimonial:

[Chen Immigration Team] is very trustful and professional for my NIW and (ad)justment of status overall. They can make a best approach for you to fit the needs you have. They were also very responsible and kind when I had some questions need to ask. Furthermore, unlike other immigration offices in the states, with pretty reasonable price, they can guarantee your case if you are qualified, so I am very satisfied with their service, and I will absolutely recommend them for anyone who needs immigration-related advice or service.

Recently, we at Chen Immigration Law Associates received another Approval for a EB-2 NIW (National Interest Waiver) after RFE (Request for Evidence). (Approval Notice)

General Field: Endocrinology, Obesity, and Diabetes Research
Position at the Time of Case Filing: Researcher
National Origin: China
Service Center: Texas
Processing Time: 42 Days

Case Summary:

It is important to denote that Chen Immigration Law Associates has an extremely high approval rating. In the year 2012, only one NIW (National Interest Waiver) petition we originally filed received a denial, (and we are currently appealing this decision). With this in consideration, this specific case was one of the rare few that received an RFE after its initial filing. In accordance with the organization, presentation, and citation of evidence, this case was completed with the utmost precision; however, the reviewing immigration officer believed that further evidence was required.

In order to meet these requirements, we at Chen Immigration Law Associates took special notice to what additional evidence was requested. As we had established significant evidence regarding the national scope of this client’s research and how the national interest would be adversely affected if a labor certification were required; we developed a strategy to reemphasize these important qualifications without restating the original information provided to the immigration officer.

Taking into consideration our previous strategy, we at Chen Immigration Law Associates highlighted this client’s achievement and qualifications as substantiated through his contributions to the specialized and imperative fields of endocrinology, obesity, and diabetes research. We drafted four additional recommendation letters to show the national interest of the client’s research, while highlighting specific contributions that the client made to the applicable fields.

In addition, we at Chen Immigration Law Associates referenced the impact factor of this client’s published works in reference to all other published works in associated fields. Considering this client had significant impact in numerous fields, we referenced both the client’s citations; associated impact factor, analytics gathered by top evaluation programs, and emphasized the proposed benefit of this research in the national scope.

Finally, we at Chen Immigration Law Associates researched applicable case rulings and AAO (Administrative Appeals Office) decisions that ruled in favor of clients with less impressive credentials and/or contributions, and referenced these cases to further establish this client’s qualifications.

Using this unique developed strategy, while correctly articulating the importance surrounding this client’s valued work towards the national interest, we at Chen Immigration Law Associates were able to secure approval for this petition just 42 days after its filing.

Success Story: EB1a Approval for Project Development Engineer with Low Citation Record after RFE (Request for Evidence)

wegreened — Wed, 26 Dec 2012 21:22:42 +0000

Client’s testimonial:

My experience working with [Chen Immigration Law associates] on my EB1-A case was amazing. Having dealt with other EB1 attorney’s, I can attest that they are the best! They did a free and honest review of my CV and handled my case excellently and diligently. They know their game the best, keeps up to date with latest USCIS policies and changes. They guided me along the way and helped me immensely by carefully drafting the letters and even answering the recommender’s questions.

EB1 Approval after RFE for Project Development Engineer with only 69 citations all from 1 paper. (Approval Notice)

General Field:Project Development Engineering
Position at the Time of Case Filing:Project Development Engineer
National Origin: India
Service Center: Nebraska
Processing Time: 51 Days

Case Summary:

In this specific case we at Chen Immigration Law Associates were presented with a unique challenge. This client had applied for an EB1a (Aliens of Extraordinary Ability) petition with only 69 citations all from 1 paper. In these specific cases it is imperative to provide evidence that the client’s work has had a significant impact on the field of endeavor; however, with only 69 citations from 1 paper, we had to tailor our strategies specifically to this client in order to establish the best possible case.

Considering this client had received an RFE (Request for Evidence) following his initial filing, we at Chen Immigration Law Associates provided extensive correspondence with the client in order to gather all the necessary information for this filing. As previously noted, although this client had made significant contributions to the field of Project Development Engineering, EB1a cases traditionally require a large number of citations in order to establish the influence of the client’s work. With consideration of this client’s relatively low citation record and this importance of this evidence in establishing a client’s influence within their field of endeavor, we at Chen Immigration Law Associates drafted 6 letters on behalf of independent experts in various fields to review, edit, and sign. In addition to these letters, we assisted the client with procuring 6 letters from his colleagues and used these letters to additionally affirm the unique and extraordinary skillset of the client.

To provide additional evidence for this RFE (Request for Evidence), we at Chen Immigration Law Associates researched the wages of colleagues in the field of Project Development Engineering to highlight how this client’s work was extremely valued, as they were in the top 90% for wages earned in their field.

Finally, we at Chen Immigration Law Associates researched and cited applicable AAO (Administration Appeals Office) decisions regarding independent expert testimony and its use in establishing original contributions of major significance to a field in replacement of high citation numbers.

Success Story: EB-2 NIW (National Interest Waiver) Approval for Earthquake Engineer after RFE (Request for Evidence)

wegreened — Wed, 19 Dec 2012 17:44:29 +0000

Client’s Testimonial:

[Chen Immigration Law Associates] are excellent attorneys with a vast knowledge in immigration law. They are very client oriented and I highly recommend them for any immigration related case.

Recently, we received another EB2 NIW (National Interest Waiver) approval for an earthquake engineer who had received an RFE (Request for Evidence) after his original filing. (Approval Notice)

General Field: Earthquake Engineering
Position at the Time of Case Filing: Engineer
Country of Origin: Iran

Case Summary:

Although a RFE (Request for Evidence) is never optimal when filing any case, it is important to understand that this does not mean the case will be denied. We at Chen Immigration Law Associates work diligently with each of our clients in order to provide the best possible chance for approval for these cases.

Additionally, it is important to note that a significant amount of our business at Chen Immigration Law Associates stems from cases that were incorrectly filed by individuals or other law firms.

With this in consideration, our approval rates for these cases are extremely high, (near 100%) because of our meticulous methods for data collection and expert experience in dealing with cases of all varieties.

In this specific case, we assisted this client with an RFE by providing all the necessary evidentiary support, proving that the continual residence of this client was undoubtedly in the nation’s best interest.

In addition to citing applicable cases closely associated with this client’s case, we at Chen Immigration Law Associates worked towards establishing this client’s unique and vital contributions to the field of Earthquake Engineering, by stressing the work that he has done to secure bridges, tunnels, and structures across the United States. We emphasized this work through the help of six recommendation letters, and two testimonial letters that highlighted the individual work of the client and the importance of this work to the United States.
Using this proven strategy, while correctly articulating the importance surrounding this client’s valued work towards the national interest, we at Chen Immigration Law Associates were able to secure approval for this petition after RFE.

Success Story: EB1A Approval for Post Doctoral Researcher after RFE (Request for Evidence)

wegreened — Wed, 12 Dec 2012 15:23:47 +0000

Client’s Testimonial :

[Chen Immigration Law associates], Thanks for sharing 485 packet with me. I have already started spreading good words about your hard and impressive work among my friends who ll be seeking immigration help in near future. Also feel free to use my words in any of your publication/case studies. I’ll also mention my impressions about your work in forum like …etc. Rest, I’ll come back to you with questions regarding 485 application, if any. With best regards!

On June 20th, 2012 we received another EB1A approval for a client after responding to RFE (Request for Evidence). (Approval Notice)

Case Summary:

We filed this case and upgraded it to premium processing after about 2 weeks. After the case upgraded to PP, we got an RFE (Request for Evidence). The RFE issues by an immigration officer who was famous among immigration attorneys because of his/her unusually high RFE rate. This is one of the two EB1A cases we got RFE in 2012. The rest of the our EB1A cases were approved without RFE (Request for Evidence).

Primarily, it is the criterion “original contribution with major significance” that was challenged by the immigration officer (IO). This criterion is one of the mostly challenged one since the language of law is vague and therefore gives the immigration officer significant discretion.

Although RFE is not optimal and we at Chen Immigration Law Associates work diligently to provide significant evidence for each case, sometimes additional steps are required to make sure petitions are accepted. In this case we reinforced the contributions the client had made towards the fields of microbiology, immunology, and cystic fibrosis research. In order to accurately display the influence this client has had on these varied fields of research and convince the IO that her work is “with major significance,” it was imperative to specifically made an RFE plan for this client.

As a part of our strategy, we assisted with the drafting of 6 more letters on behalf of independent advisors throughout varied fields of research in order to convincingly reinforce the individual contributions made by the client’s research. Following the review, edit, and signing of these documents, we researched which of the client’s papers had the greatest impacts, highlighting citations and work inspired by the client’s research. In particular, we at Chen Immigration Law Associates noted the numerous peer reviews completed by this client (13), in order to display her continual contributions and authority in the fields of endeavor.

Finally, after establishing the influence and contributions this client has had to varied fields, we highlighted the original scientific contributions of major significance towards these fields, and how these contributions can be accurately portrayed through applicable cases previously ruled.

Success Story: Approved EB1B, EB1-OR (Outstanding Researcher/Professor)after RFE (Request for Evidence) for Post Doctoral Researcher (Only 40 Citations)

wegreened — Fri, 07 Dec 2012 21:52:30 +0000

Client’s Testimonial:

I cannot thank enough for your diligent and intelligent work that you have devoted to my case. I have encountered 8 attorneys either working on or consulting for my immigration case in the past three years, but none of them has brought such joy that my family and I have received today. I have to say without any bias that you are the best attorney I have ever met. I will absolutely recommend your legal firm to anyone who is seeking a legal assistance in terms of employment based immigration matter.

On 12/06/2012, we received notification of an EB1B, EB1-OR (Outstanding Researcher/Professor) case approval. This case had been unsuccessfully filed by another attorney and the client retained us after receiving an RFE (Request for Evidence).(Approval Notice)

Case Summary:

We at Chen Immigration Law Associates constantly respond to RFE requests for cases filed by other law firms or clients themselves. The fact is, 40% of cases worked on by Chen Immigration Law Associates, were not appropriately filed or handled by other law firms, attorneys, or clients themselves. We accept these cases with knowledge and experience required to fix these problems, and offer the best possible chances of success for our clients.

In this specific case, we were approached with a unique set of challenges. This particular client had previously submitted a petition with another law firm that did not establish enough evidence to be approved. Although cases have varied challenges, it is crucial to establish individually tailored strategies for each and every case in order to provide the fastest, best possible outcomes. For this reason, we often work with candidates whose petitions were submitted by other law firms whose methods may not have presented evidence tailored specifically for their client’s case, and therefore were not accepted. Critically important in this case, the client hoped to remain in the United States to continue their research, as opposed to moving back to China.

For these special cases, we develop unique strategies and identify the methods used by other law firms that were incorrect or ineffective for application in these cases. Specifically for this case, we found that the client had authored and been cited through a relatively low number of articles (40 times). Unfortunately, the previous law firm failed to emphasize the importance of the clients work in regard to the field of Molecular Diagnostics.

First we worked to draft four testimonial letters on behalf of experts in the field. These letters were reviewed, edited, and submitted by the independent recommenders. Additionally, we at Chen Immigration Law Associates, highlighted the impact this client’s work has had through the field of Molecular Diagnostics, noting the scholarly recognition reinforced through Google Scholar. Above and beyond this crucial evidentiary support, we emphasized previous decisions under the Administrative Appeals Office (AAO) that reinforced the means required to demonstrate the significance of the client’s work cannot be independently determined by the number and volumes of citations associated with the clients research.

Using this proven strategy, while correctly articulating the importance surrounding this client’s valued work, our team at Chen Immigration Law Associates was able to secure approval for this petition on 12/06/2012, roughly two weeks after we submitted the RFE. 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!