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材料化学低引用NIW直接获批
作者:YZ律师     发文时间: 2015年05月31日 19:28:40

Evidence preparation in support of a weak case

Attorney David Yang

Just received an approval for a NIW case filed on 2/4/15 with Nebraska
Service Center. Client in this case received his Ph.D. in Materials
Chemistry in 2012 and has since been working as a scientist at a private
company. Client has only one co-authored paper (that has 5 citations) and is
listed as a co-inventor on two patent applications. To prepare for the
petition, I advised the client to do the following: 1) submit the papers
that cite client’s, accompanied by explanation as to why these authors
cited client’s paper to show how client’s work benefited that of others; 2
) obtain a letter from client’s supervisor at the company to confirm that
client made critical contributions to the technology that has been filed for
patent, and that said technology has been used by the company in product
development; 3) find and submit evidence to show that the company’s
products developed using the technology filed for patent are sold around the
world and are widely used by customers in various applications; 4) find
independent referees who can attest to the use of client’s work and/or the
company’s products. We ended up submitting documentation showing the
worldwide sale of the company’s products, the company’s marketing
materials containing success stories on the use/application of the company’
s products by customers, papers citing client’s, and multiple letters by
independent referees containing testimonials on the use of client’s work
and/or the company’s products. Based on a well-drafted petition letter
highlighting evidence on the impact of client’s work through documentation
on his contribution to the technology filed for patent, the use of the
technology in the company’s product development, and most importantly,
documentation on the use of the company’s products by customers, and with
some luck, this otherwise relatively weak case was approved with no RFE.

Recently, there has been rapid advancement in the cutoff date for immigrant
visas under EB2 category for China (Visa Bulletin for June 2015 shows a
cutoff date of 6/1/2013 for EB2 category for China), making NIW petition a
more attractive option towards permanent residency. Also, starting 5/26/15,
an approved NIW petition by an H-1B status holder provides a basis for
applying for employment authorization by the spouse. Of course, for those
who have been in H-1B status for a relatively long time, an approved NIW
petition provides a basis to extend H-1B beyond the 6 year limit. Lastly,
NIW can be a self-petition and thus provides the flexibility in changing
employers compared to EB2 or EB3 immigrant petitions filed by the employer.
With all these benefits in mind, if you have some evidence to support a NIW
petition, now is the time to act.

Attorney David Yang is a founding partner of YZ Law Group. He received his
JD from University of Iowa College of Law in 2000 and is licensed in both
California and Illinois. For more than a decade, Attorney Yang has
successfully handled numerous EB1A, EB1B and NIW cases and has built a
reputation for high quality work. To contact Attorney Yang, please email him
at [email protected]

YZ(原FYZ)律师事务所是向各大教育/研究机构,私营企业及个人提供全方位移民法律
服务的事务所。我们的律师拥有多年美国移民法律服务经验。我们专精美国职业移民申
请和非移民工作签证申请,诸如:EB-1A, EB-1B, EB-1C, NIW, PERM, EB-5, H-1B,
L-1, E-2 and O-1。我们在旧金山湾区和芝加哥设有办公室,是为数不多的跨美职业
移民律师事务所之一。
律所网址: www.yzlawgroup.com;
Email: [email protected];
Tel: 650-312-8668(SF Bay area); 630-577-9060(Chicago)




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