Response-to-RFE Approval for a Self-petitioned NIW

This law office recently responded an RFE on behalf a Ph. D student in Rhode Island. The NIW was approved three weeks after the response was submitted.

The beneficiary filed a self-petitioned NIW in 2003 when he was a second year Ph. D student in pharmacology and toxicology. An RFE was received in middle of 2005.

After reviewing the RFE and documents initially submitted by the beneficiary to support his NIW petition, we concluded this NIW case was not properly presented to the USCIS because the applicant was not fully aware of the latest trends in NIW cases. In particular, some of the recommendation letters, undermined the case drastically. Instead of emphasizing the applicant has benefited the US greater than those having similar qualifications, the letters stated the applicant is irreplaceable because the applicant possesses a level of skills that are difficult to find.

Applicant received his M.S in Pharmacology from the top medical school in China. His research project in China was funded by China National Key Laboratory of Natural and Biomimetic Drugs. His research papers were cited by Chemical Abstracts.

The client is conducting research in the field of molecular toxicology; specifically, in research on heavy metals toxicology in cadmium. Our client’s work has substantial intrinsic merit to the national interests of the United States in such areas as environmental risk assessment, public health care and biomedical research. The project was funded by the NIH.

In responding to the RFE, we took great efforts to establish our client’s research contributions have profound impacts in the field. We helped the client drafting five additional expert opinion letters, including one letter from the president of Metals Specialty Section, SOT. In addition, since the original submission, the beneficiary published two new articles in leading journals, and was invited to present his research results at the meetings in the area of toxicology based on work conducted prior to submission of the original application. The client also received the Pre-doctoral Outstanding Research Award from the SOT Metals Specialty Section. He was selected as a member of the Society of Toxicology. We were able, therefore, to include these in the response as further proof of applicant’s prior demonstrable research achievements. Although still a doctoral student, applicant’s research contribution to the field is greater than those having similar qualifications.

The case was approved following our RFE response. While many people panic when their cases receive RFEs, this is another example of the fact that cases are often approved following the proper response to an RFE.

This is another of our successful NIW approvals for Ph. D students.

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