Includes: National Interest Waiver (NIW), EB-11 (Alien of Extraordinary Ability), EB-12 (Outstanding Professor or Researcher), EB-13 (Multinational Executive)

I-765/131 based on I-140/I-485
We filed EB-11 immigrant visa petition ( self petition) for an internationally athlete. The I-140 was approved in June 2011 without RFE after pending for 9 months without RFE.  In April 2011, we filed the I-458/765/131 based on Pending I-140. The I-765/131 was approved after pending for just a little over 2 months.  

I-140 EB-11 approval: athlete, swimmer,
A young promising swimmer who has competed internationally hired us last year to file for EB-11 alien of extraordinary ability  while visiting US on B visa.  Since client was not prepared for the filing before he came to the US so he basically had very little documentation of his achievement, and he did not even know whom to go for support letters and was not even sure if he would get one support letter. We carefully reviewed his situation with him and told him that it sounded that he might have two potential candidates who could provide useful letters for him and explained to him how he should approach these two people and get their support.  With our guidance, he successfully won their support.  Based on the information he gave us, we did a lot of research for his achievements outside the United States and put together a decent presentation of his case to the USCIS.  We filed the I-140 in late August 2010 and it was approved on June 1, 2011 without RFE.

After the I-485 (Chinese National) was filed September 13, 2005, the quota for China EB2 retrogressed. We anticipated that because of the quota retrogression, the I-485 likely will take a long time to issue the approval after completion of the review and that likely the USCIS will RFE on applicant's continued research in the NIW area, we asked our client to maintain an updated file of her research papers. During the course, we advised client to timely filed AR11 of any address change and we also called the Service to update same on the I-485 so USCIS will have a current address in the I-485 file. The quota finally became open this July. We immediately contacted the Service's representative that the Service memo requires timely adjudication regardless of the expiration of biometrics if the case was otherwise approvable. Indeed an RFE was issued on her continued research work. Because of the updated file, we were able to complete and file the response to the RFE within a week. The I-485 was approved on June 29, 2010 within the month of quota open. 

A client from Brazil retained us for her I-140 EB11 and I-485 applications. We filed the applications on 03/16/2010 and received approval on 05/28/2010
The I-485 was filed with properly translated and certified foreign language documents. As client has not had vaccination record from home country, we advised and she accepted to have the shots taken again here. All her time in the US, including departure/admissions have been properly documented, birth and parentage established, The green card was approved without RFE in four months.
 

Client is Indonesian National and applied for i-140 National Interest Waiver and I-485 through our office. Client was in his second year of PhD study when the visa petition was filed and the I-140 and 485 were both approved while he was still pursuing his Ph.D degree. The I-140 was filed in October 2007 and was approved without RFE in January 2009 the I-485 was filed concurrently with the I-140 and was approved without RFE either. I-140 NIW national interest waiver approval: Korean national , Ph.D, in the field of chronic diseases, who has been conducting research in using natural and safe agents from sea brown algae for cardiovascular improvement, arthritic treatment, and memory enhancement and also cancer prevention treatments without hazardous side effects.

An alien from S. Korea retained us to work on his E-2 extension. His wife, who is a dependent of his, was also included in the application for E-2 status. The alien invested a significant amount of money into a retail fashion store for which he is the owner. For the extension he showed that he still operates the business and continues to generate income. We filed for the E-2 extension on October 1, 2009 and received approval on December 8, 2009. His E-2 status and work authorization was extended for a 2 year period. The alien was happy to know that he can continue to run his business and contribute to the US economy.

I-485's approval for whole family based on approved I-140 ( National interest Waiver): Korean research scientist with extensive research background in natural medicine who did postdoctoral research in the U.S. and then returned to his home country and set up his own business in Korea first and then in the US under E visa. While the client was working between the two locations in the U.S. and Korea, we filed the I-140 under national interest waiver in Feb. 2008 and it was approved in Jan. 2009. All I-485s for client and family members were filed in May 2008 and they were all approved in March 2009. Client and family members were so happy now they do not need to renew their E visa anymore to travel and do business between the U.S. and Korea. All I-140 and I-485s were approved without request of any additional information.

I-140 EB-21, National Interest Waiver for Indian postdoctoral researcher with background in Mechanical Engineering: We filed I-140 in January 2008 to Texas Service Center. While the I-140 was pending, client wanted to change his job from a research university to a private business to conduct research in the similar area. Our office provided extensive assistance to the client and his new employer related to his visa issues and employment during his job transition and client successfully secured his new job. The I-140 was approved in March, 2009, without request for any additional information. Many of our clients hired and paid us to do only one thing but ended up benefiting from us for many other things.

We were retained by an alien of Colombian descent. He is on H-1B until 2011 and he asked us for assistance in filing his NIW Petition as he is an expert physician in the field of neuroscience. His NIW was filed on December 15, 2009. It was subsequently approved on March 19, 2010. We are now able to assist him with the green card application.

Our attorneys completed an arduous process for our client, a PRC National, for whom we successfully obtained an I-140 National Interest Waiver approval on March 16, 2010. We began the case on May 15, 2008 by filing an I-140-EB-2 category-for the alien. We filed an I-485 concurrently, as well as an I-765 for the principal alien and for his daughter. We received two receipt notices on May 22, 2008 for both I-485 applications, as well as the I-765 applications. Additionally, we received the I-140 receipt notice on May 23^rd. On October 21, 2008, we received a Request for Evidence, and immediately responded to the government's request. Soon thereafter, the I-140 was denied. On May 28, 2009, soon after the I-140 denial, the I-485 was also denied. We were furious. We immediately filed an I-140 appeal. USCIS revisited the case and agreed with their own denial, and transferred the case to the Administrative Appeals Office in June 2009. The alien remained in the United States with his child on an H1-B and an H-4 visa. On April 9, 2009 the I-140 was denied, and in May we filed the appeal, and in June, it was approved. By January 11, 2010 the I-140 was approved. On March 22, 2010, we received the I-140 approval notice. This process was long and tough for both our attorneys and our client, but the persistence of practicing sound law paid off. Our client, a leading civil engineer, is living happily in the United States. We were extremely honored to represent him in his legal matters, and hope to represent him in the future. Since his place of birth is Taiwan, his quota is now open and we expect his Green Card to be approved in a few months.

Taiwanese Post-Doctoral Researcher in Hydroscience and Engineering for research group in Maryland: the initial I-140 was filed in May 2008 and the RFE was issued in Feb 2009 and responded in March 2009. In April, CIS denied the petition because of the small number of citations. We appealed CIS decision and I-140 was approved in Jan 2010.

Italian national, M.D. in cancer research with focus on lymphoid malignancies working for research institute based in Ohio: I-140 was filed in July 2009 and was approved in December 2009, without RFE.

NIW: National Interest Waiver, immigrant visa petition for 2nd preference: Chinese research Engineer in an extraordinary scientist whose research focuses on composite material science, random laser and digital holograms. We filed NIW in Nov. 2007 and it was approved in April 2009 without RFE.

NIW: National interest waiver-EB-2 : A Chinese Researcher with a Ph.D. degree from China, in Neuroscience research, we filed the first NIW for the client in late 2005, unfortunately it was denied, in April 2006. We re-refiled the second NIW in September 2006 and did RFE response and third one in Jan. 2007, and both cases were approved in March 2009.

Client's current research is based in Korea but we were able to make the connection between his work and the international market, especially U.S. market and were also able to distill the key representing points from many aspects of his research throughout his career to make a strong and clear NIW case without losing the big picture of his overall contribution to many areas of science and technology.
The case was submitted in February 2008 to USCIS Lincoln Nebraska Service Center and was approved January 2009, without request for evidence.

I-140 NIW National Interest Waivers Case for Researcher, Kenyan National with Masters of Science, in life science. Although most of the NIW petitioner/beneficiaries are Ph.D. holders or at least a Ph.D candidate, after we interviewed the client and went through his C.V. we felt he had something really unique in experience (he worked with several governmental and research groups in dealing with medical and health issues) and knowledge that U.S. and the scientific community can really benefit from. The client is also a very easy going and supporting individual so we were able to put the whole case together quickly and filed it with USCIS Nebraska in July 2008 and the case was approved in January 2009 without request for evidence.

I-140 NIW National Interest Waivers Case and I-485 approval for Ph.D candidate in Electrical and Electronic Engineering: Client was a Ph.D student in the early stage of his Ph.D. program when he first came to our office for initial consultation for green card application. We reviewed his C.V. and discussed about his current and past research and helped him understand the chance and also the risk for his visa petition based on his publications and presentations, and other aspects of his work. With our clear explanation, client decided to hire us, worked with us closely to build up his case. We filed his case in October 2007 to Texas Service Center and the case was approved in January 2009 without REF. The client is expected to receive his Ph.D. degree in August 2009.
And most amazingly, within two weeks of his I-140 approval, his green card application I-485 was also approved.

I-140 NIW national interest waiver approval: A Chinese National, who is a post-doctorate researcher with electrical and computer engineering background was offered an I-140 (immigrant Work Visa) to conduct biosensor research. We filed the I-140 for our client in July 2007 and the case was approved in December 2008, without RFE (request for additional evidence).  

We took over a case from a previous attorney who filed for a labor certification for an Indian lady under the EB2 category. The labor certification was approved and we filed for I-140 January 30, 2008. The I-140 was approved on July 21, 2008. At the time no 485 could be filed because of visa number retrogression. Since then the numbers have become available for her and the I-485 was immediately filed. We are expecting good news soon.

Our Chinese client devoted a great part of his life to studying, pursuing, and understanding the many complexities that fall within the realm of mechanical engineering. After receiving a B.S. in Mechanical Engineering from a prestigious technological institute in China, our client continued his education, earning a Master of Science in Mechanical Engineering at an equally impressive university in the United States. Our client was a well-rounded and experienced engineer who maintained influential positions in the mechanical engineering industry as well as in academia, serving as Instructor and Visiting Scholar at two reputable institutions for two years and three years, respectively. Our client's skills were so impressive, and his knowledge so valued, he was recruited by a leading engineering firm, serving industries such as aerospace and defense. Our firm understood his value and made every effort to afford our client with the opportunity to contribute towards an industry that requires the best of the best. Consequently, our client was the beneficiary of two I-140's (EB-2 and EB-3 categories), both of which require the alien to contribute in an area of skilled labor. Based on our client's approved I-140, we filed an I-485 and an I-765 simultaneously, receiving approval on both applications. Our client, who still holds the position of Mechanical Engineer, recently extended his H1-B visa, a nonimmigrant classification used by an alien temporarily employed in a specialty occupation. Moreover, and excitingly, our keen attorneys and hard-working staff were able to obtain derivative status for our client's two children, based on the specificities of priority dates and previously approved visa classifications.

I-140/Alien of extraordinary ability: This is the story of a Chile national, with background on development of advanced electrical power converters and hybrid ac-dc electronic power conversion systems. Our client was being sponsored by a company who hired us to file for him as an outstanding researcher, in the first preference visa category. The client, however later changed his mind. He wanted to be able to freely change employers in the U.S. or in some other countries. We revaluated his case based on his new request and then suggested both EB-11 (alien of extraordinary ability-first preference) and also NIW (national interest waiver-second preference), since both of them are self petitioned, without employer's sponsorship. We suggested both to make sure that the client would get at least one self petitioned immigration visa approved which is NIW, but we also wanted to try EB-11 for the client. EB-11 is very risky, but we thought it could be approved sooner, since it will allow him to get the first preference no matter how the priority date changes for the second preference visa petition. Fortunately, our client got both of his petitions approved.. We filed the I-140 EB-11 in September 2007 with Texas Service Center and the I-140 was approved in September 2008. No Request for Evidence (RFE) was issued.

Client is a young and professional wrestler from Mexico, who performs live for audience and for TV broadcastings. Fascinated by his achievement and his training, we decided to try I-140 under the category of alien of extraordinary ability. We analyzed the uniqueness of his style and techniques, his entertaining and commercial value, and his leading positions in various competitions and shows and were able to put together a good presentation of his case. The I-140 was filed in November 2007 and was approved in Feb 2009 without RFF.

A client from India retained our law firm back in 2004. He came to United States on H-1B Visa (Nonimmigrant worker) in 1999 and worked for several hospitals and finally decided to start his green card process. In June 2004 our firm started his I-140 NIW (which is a special immigrant work visa based on the National Interest of that professional for the US). The I-140 NIW was approved in 2005. Shortly after, we filed I-485 (green card application). Immigration issued one Request for Evidence regarding only his medical examination. Soon after the client submitted new medical forms, his Green Card Application was approved.

Our client has a long history with us. He is an Egyptian physician who was working under an H-1B (Non Immigrant work visa) for his entire time in the US. He remained with his current employer who sponsored him with a labor certification that was filed back in March 2003. The labor certification was finally certified in September 2004, and therefore we filed the I-140 (immigrant work visa) in October 2004 and his I-485 (Adjustment of Status or green card petition) in November 2004. The I-140 was approved in February 2005, so all the physician needed to do was wait for his green card. But wait he did! During the four years that his I-485 was pending, we filed several inquiries through Congressmen and AILA (American Immigration Lawyers Association). We received multiple responses stating that the case was delayed due to security checks. Texas Service Center (TSC) called to say that the approved I-140 had been mismarked in the category of an EB-1 rather than an EB-2. Our receipt notice, file copy and approval notice all evidenced the I-140 was filed and approved as an EB-2 as it should have been. Still, the TSC officer stated that he would be sending out a Request for Evidence (RFE) about the mismarked EB-1 and the company's ability to pay his salary - at the I-485 stage! The employer is a Physicians group, engaged in business for over 20 years, but for which the "personal services" corporation always maintained a negative net income due to distribution of the income at the end of each year to the officers/physicians. We worked closely with the company's Accountant Department, to provide a sound and immediate response to the financial ability of the company to pay the offered wage, and provided copies of all the EB-2 filing and approval notices evidencing that it was USCIS error to state that the petition had been mismarked or issued in the wrong classification. With all this we were finally able to secure the client's green card approval. It arrived just in time for him to travel to his brother's wedding in Egypt. This case was handled by our Attorney, Lori Pinjuh.

In many cases, we are approached by clients who have little to no time before their status expires. Our one client retained our services as her H-1B was soon to expire. Without hesitation, we filed the renewal of her H1B and it was quickly approved! The approval of this application was crucial because her new status allowed her to remain in the United States while we filed an I-140 (NIW) and an I-485. Furthermore, her employment authorization allowed her to make numerous contributions in her highly specialized field of work. That said, the approval of our client's application was not only a success for her, but a success for the country of which she so long wanted to be a part.

The American Dream was not just an expression for one of our Chinese clients. Our client requested our assistance in filing an I-140 and an I-485 based on EB-13 status (first preference multi-national entrepreneur). We concurrently filed an I-765 and an I-131; these applications were quickly approved and our client was able to divert all attention towards making exciting contributions in the fields of United States business and economics. Our client's hard work, coupled with our commitment to him serves as a perfect example of reaching for the stars, no matter how far away they see.

EB-12 Outstanding Professor/Research: In June 2007 we filed an I-140 Immigrant Worker Petition for a Chinese national who had a PhD in computer science . He had a job offer as an Assistant Professor for a university. His background qualified him for a visa in the EB-12 category, as an outstanding professor, given his PhD. Nebraska Service Center approved his petition in July 2008.

Chinese national working for private business based in Michigan with Ph.D in electrical engineering with focus on laser technology and optics: I-140 and I-485s were concurrently filed in Feb 2009. In August 2009, CIS issued a request for more information both on employer and beneficiary. The response was filed in September and i-140 was approved in December 2009 and I-485 for both beneficiary and dependents were approved in January 2010.

Associate researcher with Ph.D. degree in Atmospheric Sciences: we filed his EB-12 I-140 in April 2009 based on his outstanding research in climate changes on the polar regions of the Earth. In October 2009, CIS issued a letter of Request for Evidence asking for proof that offered position is permanent. We responded to the RFE and I-140 was approved in Nov. 2009. Both client and employer are impressed with our good work.

I-140 EB-12 Outstanding Researcher in medical field: India national, we filed the first preference I-140 under outstanding researcher in Feb. 2008 to Lincoln Center and it was approved in March 2009 without RFE.

A Turkish network administrator with a background in Computer Science came to U.S on an H-1B through some other attorneys. He was employed by an Education Center in U.S. When our client's employer expressed the desire to sponsor him permanently, he wanted to retain our services. By coordinating with the client and his employer we filed PERM (Permanent Labor Certification), which is the very first step. Within two months i.e. in Jan 2008 the petition was approved. Now was the time to file I-140(Petition for an alien worker to work permanently in U.S). We filed his petition in January 2008 under the EB-2 category. This category is meant for Professionals with Advanced Degree or people with exceptional abilities. In April 2008 we filed application for I-485, I-765 and I-131(green card, work authorization and documents for travel respectively) for applicant and his family. In June the family went for their fingerprints and also received work authorization and approved parole to re-enter U.S whenever they plan to travel. Our dedicated paralegal Mr. Jackie Tong worked on the application and in July 2008 we received approval for I-140 petition. Our continuous hard work has again brought happiness to another family.

I-140 (EB-11 -alien of extraordinary ability) I-485 / I-765 for wife and husband: We were retained by a U.K. national, who was a research scientist and professor with background in geography. The I-140, I-485 and I-765 (Immigrant Petition for Alien Worker, Green Card and Work Authorization, respectively) were concurrently filed in July 2005 and the I-140 was approved in September 2005. Also in July 2005, we filed J-1 waiver for husband and the waiver was approved in July 2006. In March 2008, USCIS issued request for Evidence for the I-485, which we answered with supporting documents. Finally in July 2008 their green card were approved.

I-765, work permit based on I-140/485 filing: Postdoctoral Researcher, Indian national with extensive background in medical research but has recently lost his research job. Based on client's credentials, our office filed an extensive I-140 EB-11, concurrent with I-148 and I-765 to keep his stay in the U.S. legal so he could have a chance to find a new employer to get H-1B visa again and to wait for his green card application in the U.S.
We filed the entire case including the work permit in January 2009. Right after the filing of all his cases, he received a job offer from a private business; however the new potential employer could not sponsor H-1B but agreed to hold the job for him after our office talked to the potential employer and explained our work. The work permit was approved in early March and the client got his job.

We were hired by an Indian PhD scientist, specialized on stem cell biology to file his I-140 NIW petition (self petition for alien with an advanced degree). He was referred to us by his father, whom we had known for so many years. In August 2007 we filed his I-140 NIW together with I-485 (green card applications) for him and his wife. He already had an H1B (Non Immigrant Petition for Alien Worker) with his current employer, which we extended, but it was still a temporary authorization. In December 2007 our client also talked us about his wife's case. She was working under an H1B which could not be extended anymore, so we suggested to file an H4 for her (as a spouse of H1B) and an I-765 (work authorization) while we waited for the I-140 and I-485. In March 2008 we filed her I-765 which was approved in a month and she got an authorization to work for a year. Also in April our client and employer asked us to file a PERM online (work certification) as a previous step for a new I-140, this time with the employer as petitioner. The idea was that maybe a regular I-140 would be processed faster than an NIW I-140, which is often harder to obtain. The PERM was filed in April 2008 and Certified in June 2008. However our client was offered a great job opportunity in another city in USA. His self petitioned NIW I-140 was approved in May 2008. He then had a choice to accept the other offer. He was grateful to his current employer, but decided to accept the other job, so the PERM was withdrawn. Now they are relocating in the other city, and waiting for their I-485. Since he is in the first preference category under employment based visas, he will not need to wait too long as other citizens from India, who have quota restrictions and long waiting times.

I-140 EB-11 (Immigrant Petition for Alien Worker): Jewish Pianist: Young and brilliant, who had won many international competitions. After the I-140 was filed for the first time, USCIS insisted that all competitions were only for pianists of limited ages, not of all ages and denied our case. We refiled the case with more evidence and stronger arguments in February 2007, and the I-140 was approved in May 2007 without RFE (request for additional evidence). Our client received his green card in November 2007.

I-140 EB-11, (Immigrant Petition for Alien Worker): Indian National, with background in Hindu religion and Vastu Art. This is a very unique case. Client came to the U.S and worked as an interior designer for a hospitality business. He came to our office for information on how to obtain green card without employer's sponsorship. We told him that the only self petition immigrant visa category available is for an alien of extraordinary ability. Our client was a very quiet person who did not like to talk too much about himself. We patiently reviewed his resume and went through his educational and career background thoroughly, and we realized he had an amazing life and career. We then conducted an extensive research on his field of expertise, Vastu Art, and gathered a lot of supporting documents for him. We filed the I-140 and Green Card petition (I-485) in May 2007 under premium processing. His I-140 was approved within 10 days. Our client and dependents received their green cards in October 2007.

I-140 EB-12 Outstanding Researcher: A Chinese engineer, with a background in polymer science came to see us with his employer. They had filed a petition for a work visa with another law firm, and had received a letter from USCIS (Request for Evidence) asking for an extensive amount of information and supporting documents. After talking/working with the law firm who filed the initial petition, the client decided to seek more help to evaluate his case and that is how they came to us. Problem is, the deadline for filing the answer to RFE was in only one week. Based on our answers to his questions, our client and employer decided to hire us to work on the RFE response. Within one week, we prepared a detailed cover letter explaining the case and answering USCIS all the questions, and put together a complete package of supporting documents. The response was filed in early February 2008, and the petition was approved in late May 2008.

I-140/485 EB-12 Outstanding Researcher: We handled a case for a Chinese Client with an electrical engineering background. Our client had just finished his OPT after his Ph.D studies and had found a small start up research business that was willing to sponsor him. We filed the I-140 (immigrant Petition for Alien Worker) and I/485 (Green Card) both in 2006. In 2007 the I-140 was approved without Request for Additional Evidence (RFE).. When we first filed the I-140 EB-12, In late May 2008, the I-485s (green cards) for the whole family were approved based on the approved I-140

I-140 EB-11: Our client was a young and brilliant pianist from Israel, who had won many international competitions. After the I-140 (Immigrant Petition for Alien Worker) was filed, USCIS insisted that the only competitions that they take in consideration are those for pianists of limited ages, not of all ages, and therefore denied our case. In February 2007 we refiled case with more evidence and stronger arguments and the I-140 was approved in May 2007 without asking for any more evidence. Our client was happy when he received his green card in November 2007.

I-140 EB-11. We handled a unique case for an Indian national, with background in Hindu religion and Vastu Art.  Our client came to the U.S and worked as an interior designer for a hospitality business. He came to our office for information on how to obtain green card without employer's sponsorship. We told him that the only self petition immigrant visa category available is for aliens of extraordinary ability. Our client was a very quiet person, who would not talk too much about himself. We patiently studied his case, reviewed his resume carefully and went through his educational and career background thoroughly. We then realized he had an amazing life and career. We conducted extensive research on his field of expertise, Vastu Art, and gathered a lot of supporting documents for him. We filed the I-140/485 in May 2007 under premium processing and the I-140 was approved within 10 days. Our client and his immediate family received their green cards in October 2007.

EB11: Alien of extraordinary ability immigrant visa petition: Chinese national, newly graduated from her BA degree, the alien is an extremely young but highly accomplished musician. Our office made an extensive preparation of the case and filed the initial petition to CIS in May, 2007. We then filed a request to expedite the case in June 2007, right before CIS stopped accepting expedited processing for I-140 petition. However, CIS responded to our request with a lengthy, detailed and almost impossible request for more evidence. After a close study of the content of RFE letter, and of all other affecting factors at the time, especially CIS' workload on all premium processing cases, we decided to take our time and work out all the possible answers to their questions, instead of rushing for the answers and arguing for all the points already made and evidence submitted with the initial filing. We mailed our response to CIS on September 20, 2007 and the case was approved in 12 days.

We filed an I-140/NIW (Immigrant Petition for Alien Worker, under National Interest Waiver) for an Indian Ph.D, who is a medical researcher. His petition was filed in October 2007 and approved in May 2008 with no request for additional evidence (RFE)..

Our client from Kenya is a Bachelor in Sciences and entrepreneur. Due to all his qualifications and merits we considered he qualified for an I-140/ EB-11 visa for an alien of extraordinary ability. We filed his petition in December 2007, attaching enough evidence that showed his extraordinary ability. We were happy to know that USCIS considered him qualified for that category as well when they approved his petition in April 2008, without requesting any additional documents.

Our Indonesian client retained us to file his I-140/NIW (Immigrant Petition for Alien Worker, under National Interest Waiver) and his I-485 (Petition to adjust status to permanent resident). While it was pending, our client needed to visit his country, so in December 2007 we filed an I-131 (Advance Parole petition) which was approved in May 2008 without any request for additional documents.

I140 (Immigrant Petition for an Alien Worker) based on NIW (National Interest Waiver): An I-140 was filed by us in January 2007 for our client, an outstanding Chinese with an Electrical Engineering background. We were not requested to present any additional evidence (RFE) and the I-140 was approved in March 2008.

I-140 NIW (Immigrant Petition for an Alien Worker based on National Interest Waiver), and I-485 (Adjustment to Permanent Resident) were filed for a Chilean Electrical Engineer: The I-140 was filed in August 2007 to Texas Service Center, and I-485 was filed in October 2007. Both I-140 and I-485 were approved in February 2008, without any additional request for evidence (RFE).

In 2004 we were retained by a German cardiologist and medical researcher to work in his case for a self-petition NIW I-140 (National Interest Waiver for an Immigrant Petition for Alien Worker) in the EB-21 category (Individual with Advanced Degree or Exceptional Ability). He had been working in USA since 2000 under H1B1 visa (Non-Immigrant Worker) but he wanted to be able to remain in USA without depending on a specific employer. We filed his NIW I-140 in 2004, but USCIS failed to give a receipt confirmation. We had to insist on his case until we got a receipt notice, and later (May 2005) a RFE (Request for Evidence). USCIS stated that even with all his outstanding merits, his contributions to science and his research were not significant advances. They also stated that he had not demonstrated that the benefits of his research had been accepted and implemented nationwide. Lastly, they said our client could not demonstrate that it was of national interest to deprive employer of the ability to open same position to US workers. We worked thoroughly with our client submitting significant and detailed evidence that would prove USCIS wrong. Finally USCIS accepted our arguments and approved the NIW I-140 in June 2005.
During this process, our client got married to his fiancée, another MD who was also working under a Non Immigrant work visa (H-1B). Therefore, immediately after the I-140 approval we started preparing the Green Card cases for both of them. On August 17, 2005, we filed I-485 (Adjustment of Status), I-765 (Employment Authorization Document), and I-131 (Advanced Parole) both for him and his wife. The AP would allow them to travel to Germany while their case was pending. Both of them got their EAD's in September (less than a month), Their I-131 (AP or travel documents) in October and their I-485 and Green Cards in November 2005. They were very pleased on how well and fast their cases had been handled.

Indonesian national in the field of mechanical engineering, we filed NIW for him in Feb 2007 when he was still a Ph.D student with a F-1 visa. He started his practice training in April 2007 as project engineer. CIS issued an RFE request at the end of August 2007 and we responded in Nov, 2007, and the I-140 was approved in less than 2 weeks.

Chinese national, Researcher and Assistant Professor in Analytical Chemistry: NIW was filed March 2007 to Texas Service Center and CIS issued an extensive RFE request in August 2007 and our office responded to the RFE in Nov. 2007 and NIW was approved in the same month. Client has over 15 journal publications since 1999.

Slovakia national, Medical Resident, NIW was filed in June 2007 and was approved in November 2007 without RFE by Texas Service Center. Client has 4 published Journal papers and one conference presentation.

NIW case:  Sri Lanka National, Research Associate in Molecular Biology, filed with Lincoln Nebraska Service Center in May 2006 and approved in May 2007. No request for additional evidence.

NIW for a Chinese Post Doctoral Research Fellow of organic chemistry: Filed in October, 2006 and was approved in April 2007.  No request for more information.  Client conducts research on radiopharmaceuticals.

Our office filed I-140 under National interest wavier with concurrent filing of I-485 on October 31, 2006. Both filing were approved on December 18, 2006 in less than 2 month and green card was received soon after the I-485 approval.

When his corporate attorney gave him a list of immigration attorneys to choose from, our Chinese client chose Margaret Wong & Associates without hesitation. After evaluating our client’s credentials we were convinced we could establish him as an extraordinary scientist and researcher whose work has greatly contributed significantly to fault-tolerant distributed computing. Therefore, in September 2005 we filed I-140 National Interest Waiver to bypass the labor certificate process. It was approved in merely one month and without RFE. We subsequently filed I-485 and they appeared for fingerprints in November 2005. Again, no RFE was issued, not even second fingerprint. On November 13 2006 our office received two welcome notices-for both him and his wife-and we immediately telephoned client. Our client happily came to our office and picked up their approval notices and they can expect to receive the actual green cards in just a few days. Congratulations to our client-they can now enjoy the freedom of living permanently in the United States.

Our Chinese client holds a Ph. D and she proves herself to be an extraordinary scientist in the field of structural biology. She is also employed with a prestigious university in Cleveland, Ohio. After evaluating her credentials, our office advised our client to proceed with filing I-140 EB-21 NIW. USCIS, however, issued a Request for Evidence, asking us to further demonstrate our client’s qualifications to warrant a favorable consideration of the petition. We further gathered evidence, affidavits, and publications and more, and submitted our response. An approval notice followed soon after we submitted to the RFE. After the I-140 was approved we submitted I-485 applications for our client and her spouse to get them permanent residency. The I-485 applications were approved in due course and they have received their green cards in the mail recently.

In 2003 we were retained by a Chinese client to file NIW on his behalf and I-485 for his wife and child. Our client is a scientist in the field of medical science as well as many other allied fields of scientific research. We substantially demonstrated our client’s merits and contributions in the initial filing. However, in 2005 we received a denial notice from the Service Center. Before then, we never received an RFE, which would have allowed our client to further demonstrate his qualifications. We therefore filed an appeal with the Service Center as well as the AAU in DC. We argued that our client’I-140 should have been approved regardless of an RFE and it was unfair that RFE was never issued. Furthermore, we again fully demonstrated our client’s publications, citations, contributions and other affidavits from acclaimed experts in his field. A month after we appealed, we received I-140 approval notice. By then, our client’s I-485 had been pending. 3 months after I-140 was approved, our client and his child received their green cards and his wife received an RFE. We timely responded and in November 2006 also received a welcome notice for his wife. Congratulations to our client and his family-all of them are now proud permanent residents of the United States.

Our office filed I-485 for a PRC national based on his approved NIW application on May 10 2005. Client’s wife and child were also included in the application. On August 18 2006 all three applications were approved and now we have one more family who has become proud lawful permanent residents of the United States .

On January 18 2005 our law firm filed I-140 NIW for a client from Jiangxi province, China who at the time was residing in Pittsburgh, PA. After obtaining his PhD from a university in China, client has substantial achievements in the field of structural characterization and is an extraordinary physicist and materials scientist. The petition was approved on April 21 2005, in just 3 months and without any request for evidence. Our client then proceeded with the next step to get his green card.

Our client obtained his BS from a university in Beijing, China and his PhD from a major university in Cleveland, Ohio, USA. Client is a chemical scientist enjoying expertise in the field of HPLC (high performance liquid chromination). I-140 NIW was filed on October 7 2005 and the petition was approved by Nebraska Service Center on February 22, 2006. Our client can now expect his green card in the foreseeable future after we filed for [permanent residence on behalf of our client.

We were retained by a client from Anhui, China who is an extraordinary scientist focusing in the field of chemistry research and chemotherapy agents of cancers. He served as research scientist at a state university in the US. I-140 National Interest Waiver was filed on June 7 2005, and on July 1 2005 the I-140 petition was already approved. The whole process took just 3 weeks. We then filed for green cards for our client and his wife. Currently our client and his wife are expecting their green cards in the near future.

On 09/29/2005 we filed I-140 for a client from Beijing, China. Client is a professor in the filed of digital drugs petitioned by a medical university in Ohio and has won many awards in his filed. Client also enjoys membership in several professional organizations. On 12/05/2005 we received a Request for Evidence asking us to further establish our client’s qualifications. We satisfactorily responded and received an approval notice on 03/06/2006.

Client is a polymeric materials scientist and received his PhD from China. Client worked on projects in Israel and the United States . We filed NIW for client on January 10, 2004 and it was approved on May 24, 2005. On November 8, 2004 we filed for green card and it was approved on August 15, 2006. Congratulations on becoming a permanent resident of the United States !

Our client came to us for the purpose of filing an EB-11 Extraordinary Alien petition as a volleyball player. Having started in Nigeria, he accumulated some international experience in professional European leagues before coming to the United States to work as an NCAA assistant coach. We filed his case in December 2005 after accumulating enough evidence, and the Service quickly returned an RFE to us in January 2006. Specifically, the Service questioned several pieces of evidence and did not grant qualifications under any of the EB-11 criteria to our client. We prepared a thorough response that met every Service request, and sent the response brief out in April 2006. The Service quickly granted our client’s petition even before the month was up.

Our client was a Micro-Electro Mechanical Systems researcher from Taiwan with a background in Materials Science and Engineering. Employed at a major university, he had publications with multiple citations that included a paper with 19 citations. His research had also attracted the interest of both civilian and military federal agencies. Our office filed an I-140 National Interest Waiver for him in December 2005, and USCIS responded with an RFE in January 2006. We took the time to explain our client’s accomplishments and their significance in detail, and filed a response to the RFE on March 23, 2006. USCIS quickly gave its approval on April 13, 2006.

Our client came to us for filing an I-140 National Interest Waiver petition prior to the September 30, 2005 deadline for China green card applications. We quickly prepared and sent out a filing, and received a Request for Evidence response within a few months. The RFE seemed to be asking for more clarification about our client’s work and contributions to the national interest, so we made sure to carefully explain the importance of our client’s educational assessment work as a statistician. Our RFE response was sent out in February 2006, and USCIS granted approval just a little over a month later.

We filed I-140 & I-485 for NIW doctor in TX Center in Nov 04. NIW approved in July 05. He completed 5-yr service from Oct 00 to Nov 05. GC approved March 06.

Our client is a senior research scientist in the filed of educational measurement. Client is from Taipei, Taiwan and obtained his MA and PhD from a major university in Iowa, USA. We filed NIW for client on September 28 of 2005 and an RFE was received on November 28, 2005 asking us to respond by February 10, 2006. We timely responded and were rewarded with an approval notice on March 10, 2006.

The client came to our office to apply under the EB-12 category of Outstanding Researcher or Professor, having been previously denied by USCIS. We signed the contract for a new filing just before the September 30 deadline for China/India green cards, so we knew the case was time-critical. We sent out the filing just before the deadline and eventually received an RFE from the Nebraska Service Center. We then took our time to compile a response brief emphasizing the client’s continuous record of achievements as a medical researcher. The RFE response brief was filed in late February, and we received an approval from USCIS within a week.

The client approached our office in 2005 to file an I-140 NIW petition. We prepared and sent out the filing in September 2005, and received an RFE from the Nebraska Service Center one month later. The RFE questions were very specific in terms of asking about certain pieces of evidence, so we carefully prepared a focused response which emphasized our client’s unique successes as a biomedical researcher. We filed the RFE response in early 2006, and received an approval from USCIS in February 2006.

Our client was a geological researcher who was still completing his Ph.D. in Geosciences and Computer Science. Despite this, we prepared an initial National Interest Waiver filing in December 2003 that received an RFE in May 2005. We could tell from the RFE that the Service was looking very closely at this case, so we took the opportunity to emphasize the client’s unique earthquake research in light of the national interest. The Service ultimately approved the case in January 2006.

Our client is a medical doctor and had only three abstracts published many years ago in a medical journal, due to his current work being mainly clinical. After the first evaluation, we told him it would be very hard to get an approval for either an EB-11 or NIW. But the client asked us to do anything we could to help him, because his H-1B was reaching the end of the 6^th year and he did not have enough time to wait for labor certification. To help him out, we sat down with him and went through every detail of his career to build a very strong case out of his situation. The case was filed August 2005 and was approved in January 2006.

Due to the September 30 green card deadline for certain countries, our office handled the rushed cases of several clients who wanted to file under the NIW/EB-11 categories. Several of these cases were filed between September 21 and September 23. USCIS granted rapid approvals for these three cases, with our office receiving the official notices on October 17, 2005.

On November 12 2004 we filed I-140 based on national interest waiver for a client from P.R.C. Client is a scientist researcher in the filed of photochemistry working for a prestigious university in Cleveland, Ohio. On December 16 2005, I-140 was approved and our client and his family were one step closer to becoming permanent residents of the United States to live and work in this wonderful nation.

The client retained our office for filing an I-140 immigrant visa petition under a National Interest Waiver. We filed with INS on June 10, 2004, and received an RFE on April 1, 2005. Given our client’s background as a molecular biologist, we refocused our arguments and sent in the RFE response on May 17, 2005. INS quickly granted its approval within just several weeks on June 6, 2005.

The client retained our office for filing an I-140 with National Interest Waiver. This was an emergency filing due to the client’s H-1B time limit, so we sent in the petition on January 8, 2004. INS responded with a Request for Evidence from INS on March 18, 2005. We responded by emphasizing our client’s accomplishments in a different context, and sent in the response on May 16, 2005. When we checked with INS on June 22, 2005, we found that the I-140 had been approved.

The client retained our office to file an I-140 with National Interest Waiver. Although the client’s resume did not seem overly impressive at first, we were able to talk with the client and uncover other achievements to round out the petition. We filed the petition on October 1, 2004, and INS responded on June 16, 2005 with a direct approval. No RFE was required.

Egyptian medical professional employed by medical centers in Ohio with focus on lung cancer clinical research and patient care: we filed I-140 in August 2009, and was RFE'ed in Nov 2009 for issues of national scope of the beneficiary's employment. Response was filed in Dec 2009 and I-140 was approved in Jan 2010.

The client retained our office to file an I-140 immigrant visa petition under an EB-21 classification with National Interest Waiver. The client was a polymer materials scientist who was doing work for DARPA and the Army Research Laboratory. Our office filed the application with INS on January 30, 2004. INS soon gave its full approval on May 24, 2005, without an RFE needed.

The client retained our office for filing an I-140 immigrant visa petition under the EB-21 classification with a National Interest Waiver. The client was a genetic scientist who specialized in gene therapies for cancer and nervous system disorders, and had developed countermeasures to biological warfare agents. We filed the petition with INS on January 13, 2004 and received official INS approval on May 24, 2005. No RFE was necessary

The client retained our office to file an I-140 immigrant visa petition under an EB-21 classification with National Interest Waiver. As a physicist and materials scientist, the client had an impressive record of research backed by several federal agencies. However, the client needed to file the application quickly due to changing job circumstances. We quickly compiled an application which highlighted the client’s work in nanostructured materials as well as the client’s publications. Our office filed the application with INS on December 31, 2004. The INS responded with swift approval on April 21, 2005, less than four months later.

Our client, a Korean national with a Ph.D. in Urban Planning, was employed in the U.S. on an H-1B visa with an employer who did not sponsor him for permanent residency. He had already been on an H-1B visa for almost 5 years and had filed an unsuccessful National Interest Waiver petition by himself. Although he had three young U.S. citizen children, his wife and first child were Korean nationals and were otherwise ineligible to claim U.S. permanent residency. Furthermore, he was informed by his employer that he would lose his job in a matter of weeks.  Jilan Zhang and Devadatta (Debu) Gandhi handled the National Interest Waiver (I-140) part of the case, while Jackie Tong handled the I-485. Working closely with the client, Jilan and Debu obtained supporting documents and developed the strategy for the case. Debu drafted the petition letter to USCIS after interviewing the client at length and analyzing his work and educational history, connecting the client's disparate educational and professional experiences into a cohesive narrative about the client's invaluable contributions to American urban revitalization. The case was filed on September 26, 2009, and USCIS approved the I-140 National Interest Waiver petition in early December 2009. As a result of his I-140 approval, he, his wife, and daughter will get their green cards.

The client retained our office for filing an I-140 under a National Interest Waiver. Despite the client’s credentials as a researcher at a prominent United States government laboratory, the fact that the client worked in the glutted field of computer science meant that chances for success under an NIW were uncertain. We focused on describing his interdisciplinary work at the edges of molecular biology and computer science, also making sure to emphasize the importance of the work for national security and other interests. Our office sent the application to INS on January 24, 2005. The INS granted full approval on April 15, 2005 without a Request for Evidence.

The client retained our office for filing an I-140 immigrant visa under a National Interest Waiver. We were at first unsure of whether to file under an NIW or an EB-11 for extraordinary alien because of the nature of the case; an NIW places heavy emphasis on research in the physical sciences rather than social sciences, and the client’s work was borderline. The client worked at a US university as an Ob-Gyn physician and researcher. Finally we decided to file under an NIW, and our office sent in the application on June 28, 2004. The INS then responded with a Request for Evidence on January 4, 2005. With time running short, our office quickly compiled a response which highlighted the client’s leadership, research and educational achievements in a way which could not be ignored. We filed the response on March 30, 2005. The INS reviewed our response and approved the case in a week.

The client retained our office for filing an I-140 immigrant visa petition under a National Interest Waiver. Client was a biomedical researcher with M.D. and Ph.D. who specialized in lipid signal transduction, and was working at a US university. Our office filed the I-140 on September 8, 2003. The INS responded on February 2, 2005 with an outright denial rather than a Request for Evidence. We quickly filed a notice appealing the decision on February 23, 2005 and compiled an argument in a new brief. We sent in the appeal brief on March 9, 2005, and received a quick approval letter reversing the earlier denial from the INS.

The client retained our office for filing an I-140 Immigrant Visa Petition for EB-21 Classification with National Interest Waiver. As a Chinese citizen, our client was an outstanding research scientist specializing in agroforestry and computer modeling of biological systems in the United States. Our client was therefore well-suited to apply under the National Interest Waiver, where certain criteria must be met to show that approval of the client’s visa will be in the “national interest.” We submitted the application package to the Nebraska Service Center of the INS on August 26, 2003. The INS sent back an RFE (Request for Evidence) letter on December 23, 2004. RFEs are issued when the INS feels that the supporting material for the case is insufficient. Knowing that this might be the last chance for our client, we were careful to highlight our client’s uniquely pioneering research in the RFE reply letter. We explained how our client was helping communicate science to the public by making a modeling website which had become an example for modeling groups worldwide. We also emphasized that our client was single-handedly doing groundbreaking research with computer modeling of pastoral agricultural systems, and that his modeling had been adopted by the USDA and state of Florida in several projects. The RFE reply letter was sent to the INS on March 15, 2005. The INS granted approval before the end of the month.

Our client is a postdoctoral research scientist in the filed of biophysics, chemistry and biology who obtained his PhD from Princeton University, one of the best universities in the world. Client is a citizen of P.R. China and first came to the US on F-1 visa with her husband, who accompanied his wife as an F-1 visa holder. On January 2 2004 the I-140 NIW application was received in Vermont Service Center. On April 4 2005, our office received the approval notice for our client’s immigrant petition and we were all ready to proceed with the following steps to obtain green card for client and her spouse.

Our client came from Chungnam, Korea on J-2 with her husband and their 7 year old son in 2000. Our client obtained her Ph. D from a major university in her home country. When the program ended, her I-612 was also approved. We later applied for I-140 National Interest Waiver for her on June 17, 2003, based on her expertise in the elucidation of CAD diagnosis and curing. On August 23, 2004 we received Request for Evidence from Nebraska Service Center, asking us in great details to demonstrate how the national interest would be adversely affected if a labor certification were required and other documents. We promptly responded to this RFE and I-140 was subsequently approved on October 28, 2004.

Our office has obtained and I-140 National Interest Waiver approval filed by a technical researcher with the Nebraska Service Center. This petition was receipted on November 16, 1999 and the approval was granted on June 27, 2000. There was no request for additional information on this case. The alien has a Ph.D. in Mechanical Engineering.

An approval of the traditionally difficult NIH waiver was obtained on behalf of a Ph.D. research scientist. This waiver application was receipted in the Nebraska Service Center on February 18, 2000 and was approved on June 23, 2000.

The Vermont Service Center has approved a self-petitioned National Interest Waiver that was receipted on June 4, 1999. The approval was granted on June 16, 2000.

The Nebraska Service Center recently approved a National Interest Waiver case without any Request for Evidence for an individual holding a Ph.D. who is employed by one of the U.S. National Laboratories. This individual had approximately seven publications and five presentations as well as strong letters of support, including from leaders at the Laboratory. The person's field of expertise involves alternative energy sources

We are really excited about having a National Interest Waiver case approved that originally had been denied by the Nebraska Service Center. Because we believed that the denial was in error, we filed an appeal and filed our Brief. Upon receipt of the Brief, INS, on their own, decided to treat the Appeal as a Motion to Reopen or Reconsider and stated in their Notice that they had "granted the motion for the purpose of approving the application or petition." From denial to approval, the time taken by INS to process this matter was three (3) months and the case never had to be transferred to the Administrative Appeals Unit.

In this case, the person was engaged in chemistry research and had made significant contributions that benefited both academia and industry, both in the United States and in his home country. Furthermore, he had only two publications, but had accepted a post-doctoral position in an Ivy League institution, although he had not yet started that position. Additionally, he had strong letters of support that had an established a proven record of accomplishments throughout his career upon which those providing support letters had commented.

The Texas Service Center recently approved two (2) of our filings without requesting any additional information. One of these cases concerned a researcher conducting medical research at a prestigious regional institution. In particular, the individual's work targeted the control of viral disease through the design of prophylactic and treatment regimens. Additionally, this person has enjoyed success in developing human monoclonal antibodies against viruses. This person had three first author publications and strong letters of support.

In the other case, the TSC approved the NIW Petition of another medical researcher whose research has focused on childhood acute lymphoblastic leukemia, the separation of hematogones from residual leukemic blasts, Hanta virus, and Korean hemorrhagic fever. This person had ten (10) articles/abstracts and strong letters of support from a wide range of researchers in the field, both in the U.S. and abroad. Additionally, this researcher had a strong record of accomplishments and was a proven leader in the field who had been given major supervisory authority in his field.

The Nebraska Service Center approved the NIW Petition of a medical doctor/researcher who conducted research in the area of Physical Medicine and Rehabilitation. The person's research has focused on quality of life issues and clinical trials relative to new therapeutic agents. This researcher also plays a key role in developing clinical measures of functional impairment and disability in various patient groups with the goal being the development of outcome measures in clinical trials. The person had published several papers in the field and had been a respected educator in his home country.

In another NSC approved NIW case, the individual had been conducting research funded by the NIH related to heart disease at one of the nation's premier medical institutions. He made a major discovery in his particular area of research and is currently investigating the mechanism behind his discovery. His research is applicable to clinical therapy research and is aimed at decreasing the incidence of heart disease as well as reducing the risk of transplantation rejection. He had approximately seven published articles and strong letters of support.

The NSC also approved the case of a leading neuroscientist at one of the nation's leading institutions. He has been responsible for bring a higher level of understanding of the complexities of treating acute neurologic emergencies. Among his current research involves studying decompressive surgery in patients with brain swelling after stroke. This individual has a worldwide reputation as a leader in his field and is extremely well written in the field's leading journals.

A polymer scientist's case was also approved by the NSC. This person had published five articles/ abstracts, had received a national award in her home country, and had strong letters of support. She had recently finished her studies and was employed by industry. Among her key contributions to the field was the development of the first scientific understanding of the key properties of a process as well as how to optimize those properties so as to maximize performance while minimizing cost.

In a case involving another medical researcher, NSC approved the NIW Petition of an individual conducting biomedical research at one of the nation's premier medical centers. This researcher's principal area of concentration is heart disease with the focus being at the most fundamental level, the study of genes that when up regulated contribute to the lesions of atherosclerosis.

An NIW was also granted by the NSC for a psychologist who had done groundbreaking work with a recognized world-leader in the field. The psychologist had been responsible for key advances in the field, which were integrated into components of tests commonly taken by children and adults relative to career selections. In addition to strong letters of support, she also had significant teaching and supervisory experience and a distinguished list of publications and presentations.

Another NIW approved by the NSC involved a researcher completing her Ph.

D. The focus of this person's research is diabetes. Because of her impressive contributions and achievements, she had received invitations to conduct her research at some of this nation's most prestigious universities. In addition to critical research findings in her home country, she had also conducted key research in a third country prior to coming to the United States.

The NSC approved the case of another polymer scientist who had only a Master's Degree. The individual had seven articles/abstracts, but had strong letters of support from both academia and industry. His research centered on the development of new materials for the next generation of semiconductor chips. He had also been responsible for the development of novel polymer and polymer ceramic composite materials for the monitoring of sterilization. His work was selected for presentation at leading conferences in his field.

Another case was approved for a researcher working in the development and implementation of methodologies to manipulate DNA molecules with the goal of accomplishing surface-based DNA computations. Because of her key contributions in this field, her work was acknowledged in one of the field's leading publications. She has also been invited to address leading conferences in her field.

An individual working in the field of welding engineering also had his NIW approved by the NSC. This person holds a Ph.D. and is playing a key role in several federally funded projects that have key industrial applications. As a result of his work, problems that had long plagued the field were resolved. He had published widely in the field's leading journals.

Another NIW was approved by the NSC for an individual in the process of pursuing his Ph.D. at a local institution. In particular, his research had a positive impact upon the field of environmental engineering. His research contributions included significant achievements both in his home country as well as in the United States. In addition to his three articles/abstracts, he had won several awards and had strong letters of support.

The California Service Center approved a National Interest Waiver case for an individual with a Master's Degree in pharmaceutical sciences who is currently pursing a Ph.D. in the area of Cellular Molecular Pharmacology and Physiology. She has played a pivotal role in research, including that related to the Superfund clean up as a result of precious metal mining. The focus of her research has been on the distribution of selenium in the avian and mammal populations. She has also conducted critical work on a government-funded project related to a family of calcium ion channels. In addition to having published several articles, she also had very strong letters of support.

The Nebraska Service Center approved a National Interest Waiver case for someone with a Ph.D. who is conducting genome research at a National Laboratory. His previous focus had been in the area of genome mapping and molecular genetics relative to soybean. His current focus is on the search for genes relative to humans. While his publications had not been extensive, he had several very strong letters of support.

The Nebraska Service Center also approved a National Interest Waiver case for an individual with a Master of Science Degree in Geology who was conducting pioneering work related to eliminating environmental pollution resulting from scrap tires. While he did not have extensive publications there was support from the Ohio EPA and the Army Corps of Engineers.

National Interest Waiver (NIW) cases continue to be available, despite rumors to the contrary. Recently, our office has received a number of phone calls and e-mails asking whether or not the NIW category was still available. The answer is that YES, INS is still approving NIWs, although it may be taking a little longer than we would like for the Service Centers to adjudicate the cases.

For example, from the Vermont Service Center, we recently received two (2) approvals for very tough cases. One case involved a Social Worker who was working with battered women and pregnant teenagers. While the work, on its face, appears to meet the "substantial intrinsic merit" prong of the Matter of New York State Department of Transportation test, the questions that the Service Center raised in a Request for Evidence concerned what set this foreign national apart from others in the field as well as how this work was national in scope. We were able to establish, to the satisfaction of INS, that the foreign national, through her publications, critical role in various projects, and role model status, that this person would "serve the national interest to a substantially greater degree than would an available U.S. worker having the same minimum qualifications." In terms of the "national scope" prong, we were able to establish how the work the person did benefited the United States as a whole and not just the geographical area of employment.

In another Vermont Service Center approval (without a Request for Evidence), an individual in the data mining field received approval of his National Interest Waiver. The individual has clearly played a critical role in the field, was able to obtain numerous letters of support, and had a significant number of publications and presentations.

The Vermont Service Center is NOT the only Service Center to be approving cases. The Nebraska Service Center has approved National Interest Waiver cases that our office has filed with it. For example, one case involving a medical researcher, holding the equivalent of an MD degree and having a Masterâ€TMs Degree from her home country, conducting research at a leading U.

S. institution was approved recently by NSC. This individual was acknowledged to play a critical role in a government-funded research project. The person had published articles, but many of those were published in journals in her home country.

In another case, the NSC approved a National Interest Waiver for a Polymer Engineer who had already earned a Ph.D. This person had minimal papers published, although several had been submitted and were pending. This individual had received an internship offer from a prestigious U.S. company and proof of that fact had been submitted.

The NSC also approved a case for a researcher who had received a J-1 Waiver from NASA due to the recognized critical nature of his work to NASA and to the United States as a whole. Again, this person had several published articles and numerous letters of support were submitted on his behalf, including some from distinguished individuals at NASA.

Our experience has been that all INS Service Centers are backlogged in terms of processing I-140 Petitions for Alien of Extraordinary Ability cases as well as NIW cases. Some Service Centers, such as Texas and Nebraska, appear to be slower than others, such as Vermont. However, it should be noted that NIWs are still a viable option in some cases in spite of Matter of New York State Department of Transportation.

For those concerned about NIWs, EB-11 Alien of Extraordinary Ability and EB-12 Outstanding Professor/Researcher may be options worth pursuing. Like the NIW, the EB-11 case is a self-petition case meaning that an employer does not need to sign the Petition form. On the other hand, the EB-12 case is employer specific and the employer must sign the Petition form. Given the second preference quota situation for those from Mainland China and India, first preference cases offer some advantages worth considering.

In terms of our EB-11 successes, the NSC recently approved an EB-11 filed on behalf of an individual conducting research in the field of analytical chemistry. While he had published some articles, there was also proof that he was invited to author a chapter in an up-coming book. Additionally, he had presented his work at leading conferences and was a member of leading organizations in the field. His works have been cited by others in the field and he had been given supervisory authority in his home country. This person had also received travel grants and a substantial research grant from his university while pursuing his Ph.D. The researcher had received admission into highly elite educational institutions in his home country as well as the United States. He has continued to play a critical role for organizations with a distinguished reputation while in the United States.

Another EB-11 was approved for one of our clients, a Reliability Engineer, who worked for one of the major automobile manufacturers in the U.S. He now works for a major automotive component manufacturer. He is instrumental in his employer's development of reliable electrical components for automobiles. Respected throughout the world, he is a reviewer for two professional scientific journals.

With numerous articles in leading journals, an EB-11 was approved for a Ph.D. student in the Department of Mathematics whose research focuses on functional analysis. He was also an Associate Professor and served as a journal reviewer in his home country prior to coming to the U.S.

An EB-11 was also approved for a Chemist who was performing pharmaceutical research. She is currently with a major university, although she has received offers of employment with several large pharmaceutical companies in the U.S. The author of a number of publications, she has also presented her work at one of the world's leading scientific conferences.

Most of our EB11 and O visa cases continue to be approved by the Service Centers.