NIW and EB-1A Approvals for an Internet Expert Residing Overseas -- Immigration Lawyers in Silicon Valley, New York, Los Angeles, Chicago, Houston, and Austin

NIW and EB-1A Approvals for an Internet Expert Residing Overseas

Mr. Wang is an Internet expert and works for an institute in Beijing, China. In mid-February of 2012, his wife contacted our firm, saying that she was very impressed and informed by our website ( and wanted to schedule a free evaluation for his husband’s credentials in applying for US permanent residence.

However, Mrs. Wang had one large concern about the communication process involved in case work. Since the Wangs live in China and we work in the U.S., Mrs. Wang feared the distance would cause too much inconvenience when delivering documents and signing forms in the preparation of the future case. Attorney Jerry Zhang assured her that the long physical distance between China and the U.S. does not cause any communication problems at all at our firm since we have successfully and quickly helped many clients residing out of the US get their green cards.

Mr. Wang is an internationally acclaimed Internet expert with unsurpassed expertise in his field of internet knowledge. He holds a Master’s degree from a well-known university in China. Moreover, he has more than 30 journal publications and four patents for his work. Therefore, Attorney Jerry Zhang recommended that Mr. Wang file a Nation Interest Waiver (NIW) petition.  By petitioning for an NIW, Mr. Wang could avoid the necessity of having a permanent job offer and required labor certification (through the PERM process) for the employment-based second preference immigration petition (EB-2). Of course, in order to qualify for an NIW, a petitioner must successfully demonstrate that waiving those requirements is in the "national interest of the United States."

After a few rounds of email communications, Mr. Wang retained our services in late February of 2012. The case was assigned to Attorney Jianhua Zhang, who carefully evaluated Mr. Wang’s credentials to determine how to demonstrate that Mr. Wang met the specific NIW requirements. Namely, in order to qualify for an NIW a candidate must be able to persuasively demonstrate that he/she seeks employment in an area of substantial intrinsic merit to the U.S., that the benefit from the candidate's proposed activity will be national in scope, and that the requirement of Labor Certification for the candidate would adversely affect the national interest.

In other words, Mr. Wang would have to demonstrate that he satisfied these three prerequisites: that his work is of substantial intrinsic merit, is national in scope, and that he can serve US interests to a substantially greater degree than an available U.S. worker with the same minimum qualifications. By providing sufficient documentation to prove these qualifications, Mr. Wang could obtain an NIW.

Over the next few months, our firm worked diligently with Mr. and Mrs. Wang (since Mr. Wang was very busy with his daily work, Mrs. Wang was mainly responsible for the preparation and communication work) to obtain and revise strong letters of recommendation from experts in his field. Through letters from both leading experts who had worked with Mr. Wang and those who knew of him only through his outstanding contributions in the field, we set out to decisively prove the exceptional caliber and national necessity of Mr. Wang’s work. In order to further impress upon the reviewing officer Mr. Wang’s rare yet vital skills, his impressive record of achievements and his unique knowledge relevant to his current and future work, our legal team also assisted him in compiling documentation of some of his publications and patents.  

Zhang & Attorneys, LP’s team, with the help of Mr. and Mrs. Wang, efficiently prepared all of the evidence crucial to successfully petitioning for a National Interest Waiver. Citing the strong evidence we had gathered, Attorney Jianhua Zhang wrote a petition letter to USCIS, proving that Mr. Wang had specific prior achievements that justified projected future benefits; that he possesses unique and innovative skills, knowledge and background that serve the national interest; that he will serve the national interest to a substantially greater degree than his similarly trained peers; and, that his continued participation in his field is necessary. Although Mr. Wang works in China, Attorney Jianhua Zhang was able to successfully demonstrate that Mr. Wang’s achievements and abilities qualified him for a National Interest Waiver.

Early in August of 2012, we submitted Mr. Wang’s NIW petition to USCIS. On the date of NIW submission, Mrs. Wang contacted us again to ask if Mr. Wang could also file an EB-1A petition, since the visa number in EB-1 category is current for nationals all over the world but in EB-2 category China Mainland nationals face a visa retrogression issue with long waits for visas numbers to become available (Indian nationals have a similar issue). Attorney Jianhua Zhang told her that Mr. Wang could certainly try an EB-1 petition in light of his excellent expertise and leadership skills and also gave her some advice in improving his credentials for EB-1A. Mrs. Wang mentioned that Mr. Wang would attend an important meeting in two months and would try an EB-1A petition after the meeting.

Early in November of 2012, less than 3 months after the initial filing and without a request for evidence (RFE), we were glad to know that Mr. Wang’s NIW case was approved. Mr. and Mrs. Wang retained us for an EB-1A case in no time. Attorney Jianhua Zhang finished his EB-1A package in just a month and in early January of 2013, we filed Mr. Wang’s EB-1A petition to USCIS. Early in March 2013, less than two months after the EB-1A filing and without a request for evidence again, Mr. Wang’s EB-1A case was approved. Mrs. Wang sent emails to Attorney Jianhua Zhang and Attorney Jerry Zhang separately and expressed sincere thanks for our professional service.

We wish Mr. and Mrs. Wang the best of luck in their future life in the U.S.

If you are interested in filing an NIW or EB-1 petition but are not sure if you are qualified, please contact Attorney Jerry Zhang at and he will provide you with a free evaluation.

*In order to protect our client’s privacy, all identifying information relating to this case has been changed.

Founded in 1996, Zhang & Associates, P.C. offers legal services to clients nationwide in all aspects of U.S immigration law. We have successfully handled thousands of immigration cases.

At Zhang & Associates, P.C., our attorneys and supporting professionals are committed to providing high-quality immigration and non-immigration visa services. We specialize in NIW, EB-1, PERM, and I-485 cases. In the past seventeen years, we have successfully helped thousands of clients get green cards. If you plan to apply for a green card, please send your CV to Attorney Jerry Zhang ( for a free evaluation.

Zhang & Associates, P.C.

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