Client without English Publications has Tough RFE Approved in 1 Week
In November of 2008, our office received a Request for Evidence (RFE) notice for one of our client’s previously-filed National Interest Waiver (NIW) I-140 petitions. This particular client, Dr. Chung, was a mechanical engineer working as a postdoctoral fellow at an American university. Dr. Chung was a very educationally-qualified researcher who held two Chinese patents and had produced several scientific publications in Chinese in his field. However, none of these publications were printed in English journals, and needless to say, Dr. Chung had no English citations at the time his case was filed.
Dr. Chung’s case presented numerous challenges for case. Initially, Dr. Chung’s case was relatively weak and was filed during the rush time of July 2007 with only two weeks of preparation beforehand. Following this stressful time, Our attorney was notified that she would have to satisfy an RFE request on Dr. Chung’s behalf as well. Nevertheless, Our attorney was confident that with several more high quality recommendation letters and a more focused and persuasive petition summary of the client’s credentials, we would be able to convince immigration officers of Dr. Chung’s true merit despite his lack of English publications.
Dr. Chung received his Master of Science degree in Mechanical Engineering from a prestigious university in China, and later, his Ph.D. in Mechanical Engineering from an equally-esteemed university in the United States. For more than eighteen years Dr. Chung had worked as a mechanical engineer in a variety of roles, including research, professional, and as an associate professor in China. These extensive credentials, coupled with Dr. Chung’s comprehensive recommendation letters, brought hope and confidence that we would be able to bypass any quantitative challenges our client was facing.
In Dr. Chung’s petition letter, our attorney focused on individually addressing each RFE inquiry topic; primarily, that (i) Dr. Chung was engaged in research that directly supports U.S. national interests, and that (ii) the national interest would be adversely affected if a labor certification was required. Our attorney argued that Dr. Chung’s research experience and vast knowledge dealing with mechanical design and composite materials, as they relate to engineering, were directly applicable to the evolution and progression of U.S. infrastructure, commercial development, and national defense. Further, it was demonstrated that Dr. Chung and his research, although not widespread within U.S. literature, were nonetheless irreplaceably vital in the success of government laser technology, aerodynamics, and the structural health monitoring of all sorts of U.S. medical and military devices.
Meanwhile, our attorney and Dr. Chung were also busy gathering and compiling a portfolio of new recommendation letters from new sources, a few of which were written by independent authorities in their field. These independent recommendations were crucial for the outcome of Dr. Chung’s NIW petition because they provided additional evidence supporting the fact that while his important research may not be widely circulated, it still impacts and influences a large portion of the research community.
By early December Dr. Chung’s RFE was ready to be sent off in time to meet the USCIS deadline for further appeal. Thus, on December 9th, 2008, Zhang & Associates sent Dr. Chung’s RFE to the USCIS Texas Service Center for processing. Thanks to Attorney’s conscientious work, coupled with the client’s assistance, our firm received positive confirmation of Dr. Chung’s NIW petition approval the very next week.
It goes without saying that all of us at Z&A were very pleased to know our diligent and hard work had paid off; obviously Dr. Chung was also extremely pleased with the eventual result. However, we must note that clearly not every case our firm handles possesses such favorable fortune and results in such rapid conclusion. Dr. Chung was rather lucky, as most who go through the immigrations process will undoubtedly have different experiences. However, in this particular case, we specifically credit the timely and detailed work of our attorney, her colleagues, and of course the decisive understanding of Dr. Chung’s petition evaluators.
In summary, a rule of thumb for prospective immigration applicants is that even though you feel you may not qualify under a certain immigration category (for instance a National Interest Waiver), this does not mean that your petition cannot succeed. In American law there are a multitude of different paths one may take to obtain the same result. Therefore, a case’s outcome is dependent on the our attorney’s resourcefulness, the client’s patience and cooperation, and a general willingness and capability to maneuver through legal issues and obstacles to achieve the goals of those in need of legal assistance. If you have questions about your own qualifications for the NIW petition or other categories, please contact us at firstname.lastname@example.org.
*In order to protect our client’s privacy, all identifying information has been changed.
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