NIW Approval of a Researcher in the Fields of Cancer -- Immigration Lawyers in Silicon Valley, New York, Los Angeles, Chicago, Houston, Seattle and Austin

NIW Approval of a Researcher in the Fields of Cancer

In late March 2012, Mr. Wang contacted our firm, interested in applying for permanent residence under the NIW category. As we know, by applying for an NIW, Mr. Wang could avoid having to have a permanent job offer and the labor certification requirements for the employment-based second preference immigration petition, PERM. 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." 

Mr. Wang graduated from a well-known university in the U.S. with a Bachelor degree in biological sciences. Then he worked at a hospital in thewest coast and is a highly accomplished professional in the fields of cancer research. However, he had only an article published until then. Attorney Jerry Zhang suggested that he wait for a while to get two or more articles published.

In July 2013, Mr. Wang contacted us again and talked to Attorney Jerry Zhang on the phone regarding his possible NIW petition. He already has three articles published and two independent citations. Attorney Jerry Zhang thought that the NIW was a little challenging as an option for him. However,his case had a good chance to be approved with the help of our experienced attorneys.Mr. Wang wanted to have a try. Only a couple days later, he retained us for an NIW petition.

Attorney Jerry Zhang assigned the case to Attorney Kristin Whitaker, a former USCIS officer at the Administrative Appeals Office (AAO) of the USCIS, has been working for Zhang & Associates, P.C. since February 4, 2013 as a Senior Attorney and Training Manager.

Attorney Kristin Whitaker thoroughly evaluated Mr. Wang’s credentials to determine whether or not he met the threshold for possessing a degree of expertise significantly above that ordinarily encountered in his field of expertise, and whether he met the specific NIW requirements. Namely, in order to qualify, 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 a Labor Certification for the candidate would adversely affect the national interest. 

In order to qualify, 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. Wangcould obtain an NIW approval.

Though on paper Mr. Wangmet the criteria for a National Interest Waiver, Attorney Kristin Whitakerknew from experience that the reviewing USCIS officer may be hesitant with respect to Mr. Wang’s qualifications due to his small number of publications and no an advanced degree.

Over the next few months, we worked diligently with Mr. Wang to obtain and revise strong letters of recommendation from experts in his field. Through letters from both leading scholars who had worked with Mr. Wang and those who knew of him only through his outstanding contributions to 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, abstracts, conference/poster presentations, etc.

Zhang & Associates, P.C.’s team, with the help of Mr. Wang, efficiently prepared all of the evidence crucial to successfully petitioning for a National Interest Waiver. Citing the strong evidence we had gathered, Attorney Kristin Whitakerwrote a petition letter to USCIS, proving that Mr. Wanghad 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. Wangdoes not have an extensive publication record, Attorney Kristin Whitaker was able to successfully demonstrate that Mr. Wang’s achievements and abilities qualified him for a National Interest Waiver.

In early May 2015, over 7 months after the initial filing, we received an approval notice for Mr. Wang’s NIW petition without receiving request for more evidence from USCIS. Mr. Wang was extremely satisfied with our service. We wish Mr. Wang the best of luck in his future life in the U.S.
If you are interested in filing a NIW or EB-1 but not sure if you are qualified, please contact Attorney Jerry Zhang at He will provide you with a free evaluation.

*In order to protect our client’s privacy, all identifying information 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 nineteen 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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