EB1-1 and NIW Approvals for the Same Applicant in Texas Service Center
Our law firm filed an EB11 and an NIW for the same client with the Texas Service Center. The EB11 was received on January 3, 2007 and the NIW on January 18, 2007. Both the EB11 and NIW were approved on May 2, 2007. There was no RFE.
Our law firm filed an EB11 and an NIW for the same client with the Texas Service Center. The EB11 was received on January 3, 2007 and the NIW on January 18, 2007. Both the EB11 and NIW were approved on May 2, 2007. There was no RFE.
The beneficiary, Dr. J, was working as an engineer in a private company in West Virginia when she retained our office to represent her for her immigration petitions.
Background:
Dr. J received her B.S. in Chemical Engineering in China. She had worked as an engineer in one of the largest engineering corporations in China prior to coming to the United States. She then received her doctoral degree in chemical engineering in the US.
Dr. J co-authored several publications in peer-reviewed journals and conference proceedings, including Theologica Acta, Annual Technical Conference-Society of Plastics Engineers, and Progress in Organic Coatings. In addition, Dr. J has done more than a dozen conference presentations, such as ACS National Meeting, Center for Advanced Polymer and Composite Engineering Annual Meeting, and International Conference on Numerical Methods in Industrial Foaming Processes NUMIFORM.
Dr. J is the co-inventor of two patents pending with the US Patent and Trademark Office. She is also a member of several organizations that are integral to the field, including the prestigious Sigma Xi Scientific Research Society, American Institute of Chemical Engineers (AIChE), and the Society of Plastics Engineers (SPE). Dr. J received a number of competitive fellowships and awards. For instance, she is the recipient of a Graduate Fellowship, sponsored by one of leading funding agencies in the US
Disadvantages:
- Dr. J’s research area in the private company is different from her Ph. D research. She is currently working on the development of new process technologies for high weatherable polymers, which are important to our nation’s industries such as transportation and building materials. Her Ph. D research focused on the development of polymer nanocomposites, a type of high-tech material that combines the advantages of polymers and superior priorities of specifically tailored nanoparticles.
- Dr. J does not have a substantial number of publications. All papers published and presented were mainly related to her Ph. D research findings.
Our Strategies:
Given the fact that Dr. J does not have a large number of publications, we spent a substantial effort and successfully showed satisfactory evidence that the subject journals were in fact top-tier peer-reviewed journals. The conference proceedings that publish Dr. J’s papers also maintain very rigid peer-review procedures to ensure the quality of the papers submitted for publication. To establish that Dr. J’s work has profound impact in the field, we provided compelling evidence to show Dr. J has been frequently invited to present her findings at some of the leading symposia, and only research findings representing the latest development and novel ideas were invited for presentation. We also selected a number of favorable anonymous reviewers comments to further establish the novelty and originality of Dr. J’s research findings. Finally, we argued that all of Dr. J’s published works and presentations were collected in SciFinder, which is a leader in proving the most accurate and comprehensive chemical and related scientific information.
We further argued that Dr. J had made groundbreaking research discoveries in the area of polymer nanocomposites. Her research has tremendous implications in areas such as crafts, automobiles, refrigerators, etc. Her outstanding research on nanotechnology has greatly advanced our nation’s efforts in the search for an efficient way to produce lighter, stronger and affordable materials.
Dr. J submitted eight expert opinion letters including one letter from her current employer, two letters from her Ph. D advisors and Ph. D committee members, three letters from independent experts in the US, one letter from an international independent expert, and one letter from a collaborator from a private company. No letter from the US government was provided. Together with other compelling documents, those testimonial letters further corroborated our argument that Dr. J will continue to work in the area of her expertise and that her work will substantially benefit prospectively the United States.
Both I-140s filed in EB1A (Alien of Extraordinary Ability) and NIW were approved in about four months in the TSC.