Case Study: Appeal Sustained and Petition Approved by AAO on a NIW petition which held that the number of citations, by itself, does not appear to be sufficient to establish eligibility, but the petition does not rest solely on those citations

Background:

The petitioner is a member of the professions holding an advanced degree. The petitioner is a postdoctoral researcher at the University of Texas Southwestern Medical Center (UTSMC), Dallas. The petitioner asserts that an exemption from the requirement of a job offer, and thus of a labor certification, is in the national interest of the United States. The director found that the petitioner qualifies for classification as a member of the professions holding an advanced degree but that the petitioner had not established that an exemption from the requirement of a job offer would be in the national interest of the United States.

USCIS Decision & Reasons of Denial:

The director denied the petition on November 6, 2008, stating: [Y]ou failed to submit the requested list of citations of your publications from a respected professional citation service. Instead, you have submitted an un-acceptable self-generated “List of publications that cited my papers.”The lack of this evidence seriously affects the ability of the Service to adequately access [sic] the impact of your publications on your field of endeavor.

AAO Decision:

The petitioner submitted a table, which he himself apparently prepared, showing citations of six of his articles. The petitioner also submitted two overlapping printouts from different citation databases. The petitioner also submitted copies of 27 citing articles.

More fundamentally, the petitioner had submitted copies of over two dozen citing articles. These articles are, by definition, first-hand proof of citation of the petitioner’s articles. The director did not explain why the articles themselves were not sufficient evidence of the citation of the petitioner’s work.

We find that the petitioner has submitted satisfactory evidence of eligibility. The petitioner has documented several citations of his work. The number of citations, by itself, does not appear to be sufficient to establish eligibility, but the petition does not rest solely on those citations. The petitioner has also submitted credible and persuasive letters from a wide variety of independent witnesses who have attested, in detail, to the significance and value of the petitioner’s work. While not all of these details are clear to laypersons, in the aggregate the letters point out clearly enough that the petitioner has produced well-received solutions to difficult problems in his specialty. The witnesses do not simply assert that the petitioner was the first to perform some action, as though being the first were sufficient to qualify him for the waiver (which is not the case). Furthermore, the record shows that the petitioner’s work has significant real-world applications (such as in medicine); its significance is not limited only to a rarefied few in an obscure academic subspecialty.

from Chen Immigration Law Associates

North America Immigration Law Group (Chen Immigration Law Associates) is a U.S. immigration law firm dedicated to representing corporations, research institutions, and individuals from all 50 U.S. states regarding I-140 immigration petitions. We specialize in employment-based immigration petition and have a proven record of high success rate for the categories of: EB2-NIW (National Interest Waiver), EB1-A (Alien of Extraordinary Ability) and EB1-B (Outstanding Researcher/Professor).

Our Ten Thousand I-140 Approvals Provide Unprecedented Insight into the USCIS Adjudication Trend

With 12,000 EB-1A, EB-1B and EB-2 NIW approvals, we have first hand information on the manner in which the USCIS adjudicate I-140 cases. As the USCIS has constantly changed its adjudication standards for the EB-1A, EB-1B and EB-2 NIW categories, our firm's huge database of successful cases gives you unprecedented insight to USCIS adjudication trends. We carefully analyze the data for all of our cases and apply the results of our analyses toward giving our clients up-to-date advice and adapting our strategies such that we remain on par with the ever-shifting landscape of immigration law in the U.S. With us, you will always have access to important updates, strategies, and information so that you can make the most informed decisions about your case.

We Have Helped Hundreds and Thousands of Clients with Credentials and Backgrounds Similar to Yours

With our exceedingly large number of successful petitions, no matter what credentials you have, no matter your background and field of expertise, no matter your visa status or nationality, chances are we have helped hundreds or even thousands of clients just like you. Our clients are usually impressed with how well we understand their research and work. Our insight and understanding stems from the fact that we have handled many cases with elements similar to yours already, and this helps us devise the best strategies for each individual petition.

Vast Majority of Clients Came to Us Because of Referrals

For years, our firm has attracted new clients based solely on word of mouth, recommendations, and the positive collaboration experiences shared with them by their friends and family. We take pride in our reputation and work hard to ensure that we provide a green card application experience that our clients are happy to share with their friends and colleagues. That is how our approvals grew from 600 in 2013 to more than 3,000 in 2017.



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