下面是一封申请EB2 NIW I-140的petition letter的范例。这是多年前公开发表在MITBBS“落地生根”版上的一个帖子。现在重贴于此，供大家参考。
个人点评：EB2 NIW的申请是技术活，满足NIW的三个方面都必须论证到位，否则就通过不了；而且论证过程中，有些关键词必须出现在移民官的视野里。这封petition letter基本上达到了这几方面的要求。更难能可贵的是，这封petition letter的后面，还列出了所有的exhibit，值得参考。
Sept 28, 2006
U.S. Department of Homeland Security
Citizenship and Immigration Services
RE: EB-2 Petition for Permanent Residency with request for a
National Interest Waiver
Petitioner/Beneficiary: Dr. Xx Xx
Classification Sought: 203(b)(2) NIW
Type of Petition: I-140
Dear Immigration Officer:
This is respectfully submitted in support of Dr. Xx Xx’s petition for classification as a qualified immigrant under the preference of advanced degree professional/alien of exceptional ability. The evidence submitted herewith will specifically demonstrate that Dr. Xx qualifies for a National Interest Waiver under the standards set by In re New York State Dept. of Transportation 22 I&N Dec. 215 (Comm. 1998)
Specifically, the evidence submitted will prove:
a. That Dr. Xx seeks employment in an area of substantial intrinsic merit;
b. That the proposed benefit of Dr. Xx’s work is national in scope; and
c. That the national interest would be adversely affected if a labor certification were required.
I. DR. XX’S BACKGROUND AND ACHIEVEMENTS
The following is an overview of Dr. Xx’s unique and exceptional background and his outstanding contributions to his field. This overview will serve as part of the basis for how Dr. Xx is in a field of substantial intrinsic merit and how the proposed benefit of his work is national in scope. It will also serve as part of the basis for why the national interest would be adversely affected if a labor certification were required.
Dr. Xx is an outstanding scientist in the field of Mechanical Engineering. He is an advanced degree professional in this field by virtue of his Ph.D. from the University of XX (Exhibit 8). Dr. Xx also has a Ph.D. in Applied Mathematics from XXX. Dr. Xx is continuing his excellent research at the University of XX (Exhibit 1). In the course of his career, Dr. Xx has demonstrated outstanding expertise in mechanical engineering, particularly as it relates to in the theoretical development of RR Design Optimization and PP Design Optimization. Dr. Xx has employed his strong expertise to make multiple major contributions in his field as described, in part, below.
In both his doctoral research and his continuing work at the University of XX, Dr. Xx Xx has been carrying out remarkable research at the Center for BBB. He has performed pioneering research on the topic of uncertainty and PP theory, and made a critical development in PP design optimization and MM design optimization. He has played a critical and pivotal role in several projects that have generated numerous contributions reported in several prestigious journals (Exhibit 1 & 14-22).
Among the most significant of Dr. Xx’s contributions are his advances for PP design optimization. In many engineering design and optimization problems, the presence of insufficient input data is a central and critical issue, in particular, in the daily engineering practice. Early in the engineering design cycle, it is difficult to quantify product reliability due to insufficient data or information. The PP design optimization proposed by Dr. Xx is a revolutionary strategy for dealing with situations when it is not possible to obtain accurate statistical data in a system due to restriction of resources or conditions (such as budgets, facilities, time, human factors, etc). It provides more realistic and economic designs than those from probability methods. Dr. Xx’s PP design method is a very useful and attractive tool to perform operations with the following main advantages: (1) AAA; (2) AAA; (3) AAA; and (4) AAA. Such high level improvements to design practices prove the huge significance of Dr. Xx’s research and novel developments towards an improvement of engineering design procedures. (Exhibit 4: See also Exhibit 1-3, 5 & 6).
While his development of the PP method is quite a major contribution that alone elevates Dr. Xx to very high standing in his field, it does not comprise all of what Dr. Xx has contributed to this field. Recently he and his supervisor raised another MM design optimization method that invokes both RR and PP methods when the input information is a mixture of sufficient and insufficient data (Exhibit 2). He has also, developed numerical methods such as A, B, and C. These numerical methods largely achieved numerical efficiency, accuracy, and stability during the optimization process (Exhibit 5; See also Exhibit 3).
These contributions by Dr. Xx have had a major impact on his field and related industry.
For example, CC Inc., the world's largest manufacturer of construction and mining equipment, diesel and natural gas engines, and industrial gas turbines, has integrated Dr. Xx’s PP method using AA algorithm into CC’s design process for the Whatever Project. This project focuses on design of ABCDE that is desired to be both light and highly reliable. CC’s results suggest that Dr. Xx’s method works perfectly; they achieved good results in their first try, which caused much excitement for CC engineers. The efficiency and robustness shown in Dr. Xx’s method is a good basis for following steps in CC’s projects. What’s more, compared with other methods, Dr. Xx’s method greatly increases the stability, efficiency, and safety in the project. CC also has another project that has built upon Dr. Xx’s numerical methods like his DD method discussed above (Exhibit 3).
Furthermore, Prof. H of the University of EEE in China, who has not met Dr. Xx, mentions how one of Dr. H’s Ph.D. students has sought out Dr. Xx’s assistance on the numerical methods Dr. Xx created. In the words of Prof. H, “There is no doubt that Dr. Xx has already become a valuable member of the international scientific community” (Exhibit 5; See also Exhibit 34).
For more on the impact of Dr. Xx’s work, consider the testimony of Prof. N of the University of T, who also notes his own work being influenced by Dr. Xx’s contributions despite having no working relationship with Dr. Xx. Dr. Xx’s excellent optimization of the PP method as described above has significantly benefited Prof. N’ own work. In the words of Prof. N: “This work is very important to me and my collaborators because it enabled us to design systems in the presence of both random and epistemic uncertainty by combining probabilistic and possibilistic models. This shows the great influence Dr. Xx’s work has had on his field” (Exhibit 6).
As can be seen above, Dr. Xx’s excellent work has had a substantial impact on his field. The benefits and influence of Dr. Xx’s work are already quite significant, concrete and widespread. As hinted above, his work has been published in a number of prestigious journals (Exhibit 14-24; See also Exhibit 25 & 26). The influence of Dr. Xx’s published works can be seen in the fact that his work has been cited frequently by other scientists throughout the U.S. and internationally (Exhibit 29-39). Note that none of the citing papers submitted herewith are by Dr. Xx or any of his co-authors. Further, other scientists have contacted Dr. Xx seeking to tap his expertise (Exhibit 34 & 35). In recognition of his accomplishments and high expertise, Dr. Xx has been called upon to review the works of other scientists a number of times. (Exhibit 10-13) In addition, he has been granted full membership in the honor society, Sigma Xi, which is based on noteworthy achievements in science (Exhibit 9).
It is thus abundantly clear that Dr. Xx has produced original scientific contributions that have significantly influenced his field. He has truly established himself as an outstanding scientist in his field.
II. DR. XX QUALIFIES FOR A NATIONAL INTEREST WAIVER
A. EMPLOYMENT IN AN AREA OF SUBSTANTIAL INTRINSIC MERIT
Dr. Xx seeks employment in the field of Mechanical Engineering. Specifically, this field is one of substantial intrinsic merit for its promise to lead to new and better means of designing the machines that are so significant to our economy, industry, and society. Such research is clearly beneficial and of substantial intrinsic merit.
B. PROPOSED BENEFIT IS NATIONAL IN SCOPE
Dr. Xx’s research has significant implications for the national interest of the United States as a whole. As exemplary of his future promise, consider his many great contributions in the area of improved reliability design. In addition to the obvious concerns for industry, reliability in design is also highly important for the U.S. military as exemplified in unanticipated need to reinforce armored vehicles in Iraq after several such vehicles were destroyed by improvised explosive devices. Similar public safety issues like the design failures resulting in the AAA Explorer rollovers and the 456A bridge collapse are relevant to issues addressed in Dr. Xx’s work. (See generally Exhibits 2-4) Certainly, these raise concerns for the entire nation and not just some part of it. Considering Dr. Xx’s excellent ability in this area, as exemplified by his past accomplishments, his continued employment is very important to the national interests of the United States by uniquely developing solutions of methodology/software/hardware/human resources for the pursuit of better quality, lower cost (lightweight), long-lasting durability (less maintenance), and high reliability (Exhibit 2; See also Exhibit 3, 4 & 6). There is no local or regional aspect to the benefits to be derived from Dr. Xx’s research. Indeed, through the dissemination of Dr. Xx’s research results, the scientific work of others in varied parts of the country and even internationally have already been enhanced. Thus we can expect that the continued dissemination of Dr. Xx’s research and implementation of technology made possible by his work will result in more benefits that will impact all parts of the nation. Moreover, as is detailed above and more particularly elucidated below, Dr. Xx has the proven abilities and past accomplishments to suggest that these benefits will be realized if he were to continue to live and work in the United States. Therefore, Dr. Xx’s prospective employment is proposed to benefit the United States on a national scope.
C. NATIONAL INTEREST WOULD BE ADVERSELY AFFECTED IF A LABOR CERTIFICATION WERE REQUIRED
1. Dr. Xx has specific prior achievements that justify projected future benefits. Dr. Xx’s innovative and novel contributions, as discussed in Section I above, prove his ability to provide unprecedented, unparalleled, and vital benefits to the national interest. He has a truly impressive record of success that has had a considerable impact on his field as evidenced in part by the use of his research results by others in his field. Further, his contributions have been well above those of others with similar formal qualifications. According to Prof. C, “Dr. Xx has made contributions to the field of uncertainty, reliability, RR design, PP design, and MM design that are far above and beyond what could be expected by another researcher” (Exhibit 1). Similarly, Dr. P comments as follows: “Such an original contribution is truly uncommon in our field. Undoubtedly this distinguished work shows that Dr. Xx is one of the leading figures in his field” (Exhibit 3) Perhaps, more impressively, Dr. Xx’s work has inspired other researchers as can be seen by the enthusiastic testimonials of experts who have not worked with him. For instance, Prof. B of the University of Singapore attests, “[Dr. Xx’s] achievements could not have been accomplished by most of others in the field” (Exhibit 4). Prof. H, another independent expert from the University of T of China, rates Dr. Xx’s works as “some of the best on the topic” (Exhibit 5). In the objective view of Prof. C of N University, Dr. Xx’s outstanding contributions place him “at the forefront of [his] important area” (Exhibit 2). Finally, consider the objective evaluation of Prof. N of the University of T: “I regard [Dr. Xx’s] contributions as being some of the most significant advances in our field” (Exhibit 6). As such, it can be seen that Dr. Xx’s specific contributions are both highly influential for his field and of superior nature to those of his peers. Dr. Xx’s past achievements prove that he is especially able to make significant strides that are likely greater than those of his peers. Moreover, no labor certification process could take into account this impressive record of success.
2. Dr. Xx possesses unique and innovative skills, knowledge, and background that serve the national interest. As can be seen from his remarkable scientific accomplishments, Dr. Xx has highly valuable skills for his ongoing work. In addition to his technical expertise, Dr. Xx is distinguished through special traits like his uncommon intellect and work ethic (Exhibit 6). Certainly such factors are beyond the scope of a labor certification process. All of his special skills, abilities, and knowledge combined with his past record of success make Dr. Xx ideally suited to his kind of work. Moreover, these unique traits of his cannot be articulated in a labor certification process.
3. Dr. Xx will serve the national interest to a substantially greater degree than others with minimum qualifications. Dr. Xx’s outstanding accomplishments and exceptional abilities (above) prove his capacity to perform at a level above that of others with similar minimum qualifications. Dr. P asserts, “It is certain that Dr. Xx is one of very best experts at the forefront of the field of design engineering” (Exhibit 3). Prof. C ranks Dr. Xx as “an outstanding and leading” researcher in the field (Exhibit 2). Prof. B offers these words of high praise in Exhibit 4: “In view of Dr XX’s amazing work in the study of PP, it is my unequivocal professional opinion that he shows an extraordinary level of knowledge and skills.” Certainly, such an extraordinary, leading scientist as Dr. Xx will contribute much more than would an average researcher in the same field. This is affirmed by Prof. C in Exhibit 1: “Based on his past track of accomplishments, I confidently project that Dr. Xx will attain greater achievements in the future, and benefit our country in a greater capacity than will his peers.” A similar sentiment is expressed by Prof. H: “Based on [Dr. Xx’s] outstanding record of past success, we can certainly anticipate that his future work will lead to a multitude of contributions that will propel this field to new heights” (Exhibit 5). Therefore, Dr. Xx will serve the national interest to a substantially greater degree than will most others with the same minimum qualifications.
4. Need for Dr. Xx’s continued participation in his work. As stated above, Dr. Xx’s work is dedicated to advancing very important interests for our nation. Moreover, Dr. Xx’s outstanding expertise is required for meaningful progress to continue in his highly important ongoing work. As stated by Dr. P, “Researchers and engineers with Dr. Xx’s demonstrated expertise are much needed to fulfill our mission in providing the American people with safer, more environmentally friendly, and innovative motor vehicles” (Exhibit 3). Note that Dr. P emphasizes a need for people with Dr. Xx’s “demonstrated expertise” rather than merely his set of technical training or qualifications. We should not entrust such crucial work to others with mere minimum qualifications when an outstanding expert like Dr. Xx is available. Prof. C discussed this point as follows:
In conclusion, it is clear that Dr. Xx is a rare individual who has made and is making critical research breakthroughs of enormous significance for our nation’s economy, national defense and industry. His ongoing work is of the utmost importance to the continued health and growth of high technology and of the U.S. military and economy. It is in our country’s national interest to grant a person of Dr. Xx’s high caliber, and proven track record, permanent residence status. He is exactly the kind of person we need to keep here in the United States. (Exhibit 1)
All of the evidence shows that individuals with only technical minimum qualifications are not acceptable substitutes for Dr. Xx with his demonstrated accomplishments and special, unquantifiable abilities. As Dr. Xx’s abilities are so great compared with those of his peers, his absence would seriously affect continued efforts in his area of work. Therefore, the numerous significant benefits of such continued activities would be significantly jeopardized without Dr. Xx’s presence in the United States, which would be contrary to the U.S. national interest.
5. Consequences of requiring a labor certification. As much of the proposed benefits from Dr. Xx’s work are dependent on his proven record of achievement and his unique and innovative skills, knowledge, and background, more than mere minimum qualifications are required for the success of his proposed endeavors. Because a labor certification process is a standardized one that relates only to minimum requirements, such a process will not take into account these crucial factors. In other words, many of the essential qualities that Dr. Xx has, which are so important to serving the national interest, will not be articulated in a labor certification process. Moreover, failure to consider these factors could result in a denial of a labor certification because a U.S. worker with minimum qualifications might be found. Since Dr. Xx will serve the nation to a substantially greater degree than anyone with minimum qualifications will, his non-participation in his current and future work would deprive the nation of his exceptional and crucial contribution to the national interest. The loss of this significant contribution would be contrary to the interests of the United States. Therefore, requiring a labor certification would adversely affect the national interest.
In summation, Dr. Xx is an exceptionally capable researcher who seeks employment in an area of substantial intrinsic merit. His work is proposed to benefit the nation as a whole. His rare, yet vital, skills and background along with his impressive record of achievement and his unique knowledge relevant to his current and future work indicates that he will serve to the national interest to a substantially greater degree than another individual with minimum qualifications. As a labor certification may deprive us of his unique and exceptional future contributions, such a requirement would adversely affect the national interest. The conclusion of these facts is that Dr. Xx should be granted a National Interest Waiver.
I respectfully request that you consider this petition and the evidence submitted herewith, and upon consideration, that you approve Dr. Xx Xx’s petition and request for a National Interest Waiver.
Very sincerely yours,
INDEX TO EXHIBITS
Exhibit 1: Letter of recommendation from Dr. A of Mechanical Engineering at the University of XX;
Exhibit 2: Letter of recommendation from Dr. W, Associate Professor of Mechanical Engineering at XX University, Director of XX Laboratory;
Exhibit 3: Letter of recommendation from Dr. XX, Senior Director of Research and Advanced Engineering, XX Inc;
Exhibit 4: Letter of recommendation from Dr. B, Assistant Professor of Civil Engineering at National University of S, Singapore;
Exhibit 5: Letter of recommendation from Dr. H, Professor of Mechanical Engineering at University of T of China, Dean of School of Mechanical at T, Director of HTS Lab, USA at XXX;
Exhibit 6: Letter of recommendation from Dr. N, Professor of Mechanical Engineering at The University of T, Director of VV Lab, The University of T;
Exhibit 7: Dr. Xx Xx’s Curriculum Vitae;
Exhibit 8: Documentation of Dr. Xx Xx’s academic degrees;
Exhibit 9: Documentation of Dr. Xx Xx’s full membership in Sigma Xi, The Scientific Research Society;
Service as Judge of Others’ Work:
Exhibit 10: Documentation of Dr. Xx Xx’s service as peer-reviewer for Journal of Optimization Theory and Applications (JOTA);
Exhibit 11: Documentation of Dr. Xx Xx’s service as peer-reviewer for the Structural and Multidisciplinary Optimization (SMO, journal);
Exhibit 12: Documentation of Dr. Xx Xx’s service as peer-reviewer for the International Journal of Reliability and Safety (IJRS);
Exhibit 13: Documentation of Dr. Xx Xx’s service as peer-reviewer for 2008 Design Engineering Technical Conference (IDETC2008);
Exhibit 14: Documentation of Dr. Xx Xx’s service as peer-reviewer for 2007 Design Engineering Technical Conference (IDETC2007);
Publications and Presentations:
Exhibit 15: Peer-reviewed journal article in the whatever, DOI # (web published, will appear soon) co-authored by Xx Xx (first author);
Exhibit 16: Peer-reviewed journal article in whatever, co-authored by Xx Xx (third author);
Exhibit 17: Peer-reviewed journal article in whatever Vol. #, pp. 876-882, #, co-authored by Xx Xx (third author);
Exhibit 18: Peer-reviewed journal article in whatever, Vol. #, pp. 876-882, #,, co-authored by Xx Xx (first author);
Exhibit 19: Peer-reviewed journal article in whatever, Vol. #, pp. 876-882, #, co-authored by Xx Xx (first author);
Exhibit 20: Peer-reviewed journal article in whatever, Vol. #, pp. 876-882, #, co-authored by Xx Xx (second author);
Exhibit 21: Peer-reviewed journal article in whatever, Vol. #, pp. 876-882, #, co-authored by Xx Xx (third author);
Exhibit 22: Peer-reviewed journal article in whatever, Vol. #, pp. 876-882, #, (third author);
Exhibit 23: Peer-reviewed journal article in whatever, Vol. #, pp. 876-882, #,, (first author);
Exhibit 24: Peer-reviewed journal article in whatever, Vol. #, pp. 876-882, #,,, co-authored by Xx Xx (first author);
Exhibit 25: Documentation of 15 conference papers co-authored by Xx Xx;
Exhibit 26: Documentation of 8 presentations co-authored by Xx Xx;
Exhibit 27: Documentation of 5 citations of Xx Xx’s first authored paper in Whatever Vol. 14, pp. 175–193, 2001;
Exhibit 28: Documentation of 4 citations of Xx Xx’s third authored paper in the Whatever, Vol. 29, pp. 134-148, 2005;
Exhibit 29: Documentation of 2 citations of Xx Xx’s third authored paper in Whatever, Vol. 43, No. 4, pp. 874-884, 2005;
Exhibit 30: Documentation of a citation of Xx Xx’s first authored paper in Whatever, Vol. 128, No. 4, pp. 928-935, 2006;
Exhibit 31: Documentation of 2 citations of Xx Xx’s first authored paper in Whatever, Vol. 44, No. 11, pp. 2682-2690, 2006;
Exhibit 32: Documentation of 8 citations of Xx Xx’s second authored conference paper in Whatever, Vol. 44, No. 11, pp. 2682-2690, 2006;
Exhibit 33: Documentation of 1 citation of Xx Xx’s third authored conference paper in Whatever, Vol. 43, No. 4, 874-884, 2005;
Exhibit 34: Message from Mr. XX XX at the University of TT of China seeking Dr. Xx’s guidance on a research issue;
Exhibit 35: Message from Mr. GG of the Institute for Advanced Studies in Basic Sciences (IASBS) seeking Dr. Xx’s guidance on a research issue.