The Rules of Cross-Chargeability Apply to Chinese Researcher in Alabama Who Recently Received NIW Petition Approval

 

Client’s Testimonial:

“Thank you for letting me know this good news! I really appreciate your great effort for my I-140 application.”


On March 9th, 2016, we received another EB-2 NIW (National Interest Waiver) approval for a Researcher in the Field of Chemical Engineering (Approval Notice).


 

General Field: Chemical Engineering

Position at the Time of Case Filing: Researcher

Country of Origin: China

Service Center: Texas Service Center (TSC)

State of Residence at the Time of Filing: Alabama

Approval Notice Date: March 9th, 2016

Processing Time: 1 month 18 days


Case Summary:

It only took Texas Service Center a month and 18 days to decide that our client’s EB-2 NIW (National Interest Waiver) petition deserved to be approved. This no doubt had to do with the meticulous presentation that our legal team submitted to the USCIS, highlighting our client’s impressive qualifications.

Rules of Cross-Chargeability:

The interesting thing about this case is that despite being born in China and having an EB-2 petition approval, our client can now file an I-485 application (once this is approved, our client will receive a green card). Other Chinese applicants whose EB-2 petitions were recently filed and approved have to wait several years for their priority date to become current before they can file their I-485. This is because the USCIS has a strict quota system in place that limits the number of green cards issued to people born in China with EB-2 approvals. Our client bypasses this step because her spouse was not born in mainland China or India (there is no quota in place for EB-2 applicants born elsewhere). This is known as cross-chargeability.

EB-2 NIW Petition Approval:

Although the USCIS only spent a month and a half adjudicating this case, we took far longer preparing the petition. We made sure that no stone was left unturned and that every relevant piece of information related to our client’s scholarly and professional achievements were carefully detailed. Here were some of our key points:

    1. We documented our client’s Ph.D. in Chemical Engineering and established that it equipped her with the knowledge needed to conduct outstanding research.
    2. Using Google Scholar, we determined that our client’s 5 publications had gathered 27 citations at the time of filing.
    3. The many years that our client spent in the field were focused on the chemical engineering of nanomaterials. We proved to the USCIS that her research efforts significantly advance the United States’ medicinal, electronics, and renewable energy sectors.
  • “Due to her reliability in producing and effectively communicating high-quality studies, [Client] has become one of chemical engineering’s unquestionable leaders.” (Excerpted from a recommendation letter contributed by a prominent professor in the field of chemical engineering). This recommender was not alone in his show of support for our client. Six other experts in the field contributed letters akin to his, which we used as additional evidence to argue our case.

In Conclusion:

North America Immigration Law Group congratulates our client for attaining an EB-2 NIW approval notice from the USCIS. We are currently helping her and her husband prepare their I-485 applications, and we look forward to helping them attain permanent residency.

 


 

 

We are pleased to announce that North America Immigration Law Group has so far received over 3,500 EB-1A, EB-1B and EB-2 NIW approval notices. In 2014 and 2015, the approval rate is 98.22% for cases using our "Approval or Refund®" (money back guarantee) service and 96.95% for all kinds of services.

For NIW cases, the approval rate is 99.18% for cases using our "Approval or Refund®" (money back guarantee) service and the overall approval rate for all NIW cases is 98.47%.

For EB1A cases, the approval rate is 97.25% for "Approval or Refund®" (money back guarantee) service and the overall approval rate for all EB1A cases is 95.27%.

We are one of the leading U.S. immigration law firms providing the most comprehensive services for EB-1/NIW petition with a large volume of approval cases and high approval rate.

Our staff keeps close track of the latest immigration trends and regulations of USCIS (U.S. Citizenship and Immigration Services), decisions of AAO (Administrative Appeal Office) and judicial review opinions. The massive collected materials contribute to the most convincing arguments and winning strategies of our firm for EB1A, EB1B, and NIW petitions.

If you are interested in filing the green card, please send your CV to law@wegreened.com for our free evaluation. Our attorneys will email you back with the evaluation result within 24 hours.


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