In late August 2011, Dr. Wang contacted our firm, interested in applying for permanent residence under a National Interest Waiver (NIW). He knew that by applying for a National Interest Waiver, he could avoid the permanent job offer and approved labor certification requirements for employment-based second preference immigration petitions. Of course, in order to qualify for a National Interest Waiver, a petitioner must successfully demonstrate that waiving those requirements is in the "national interest of the United States."
Dr. Wang is an internationally acclaimed researcher in the field of Finance. However, he did not have a very strong publication record, compared to most NIW applicants. He earned his PhD in Applied Mathematics and has been working in the nationally crucial field of numerical analysis and quantitative finance, at a premier financial service company. He has published 1 journal article and 1 conference proceeding paper, and has designed and implemented numerous highly important and widely used financial models.
Attorney Jerry Zhang evaluated Dr. 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, Dr. 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, Dr. Wang could obtain a National Interest Waiver.
Dr. Wang retained our services in September 2011 so that our experienced team could assist him in proving that he is, in fact, qualified for a National Interest Waiver. The case was assigned to Attorney Alex Yoon-ki Park. Though on paper Dr. Wang met the criteria for a National Interest Waiver, our legal experts knew from experience that the reviewing USCIS may be hesitant with respect to Dr. Wang's qualifications, given his low number of publications. Further, it is particularly difficult to provide hard evidence of expertise in the field of finance, which generally does not produce physical inventions, such as in areas like medicine and engineering.
Over the next few months, we worked diligently with Dr. Wang to obtain and revise strong letters of recommendation from experts in his field. Through letters from both leading researches who had worked with Dr. 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 Dr. Wang's work. In order to further impress upon the reviewing officer Dr. 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 awards, media reports on his work, and citations of his work.
Zhang & Attorneys, LLLP's attorneys, with the help of Dr. Wang, efficiently prepared all of the evidence crucial to successfully petitioning for a National Interest Waiver. Citing the strong evidence we had gathered, Attorney Alex Park wrote a petition letter to USCIS, proving that Dr. 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 Dr. Wang does not have an extensive publication record, Attorney Park was able to successfully demonstrate that Dr. Wang's achievements and abilities qualified him for a National Interest Waiver.
Early in April 2012, less than 4 months after the initial filing and without a request for more evidence, Dr. Wang's NIW case was approved. We were extremely happy for Dr. Wang and were pleased to have helped him avoid the labor certification and permanent job offer requirements of other regular employment based immigrant petitions. Dr. Wang was similarly overjoyed, and we wish him the best of luck in his continued financial research endeavors.
*In order to protect our client's privacy, all identifying information has been changed.