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What if I have no scholarly publications, no citations, and no major academic contributions to the field of endeavor; can I still apply for an EB-1 or EB-2 visa?This is a frequently occurring question we at Chen Immigration Law Associates get from potential clients planning to apply for first- and second-preference employment-based visas. The answer is “YES.”There are many foreign nationals who apply lacking the above credentials, and many foreign nationals who are approved in the process. We at Chen Immigration Law Associates always carefully discuss with clients regarding the best strategies to strengthen and build up their cases.Below are key strategies outlined and separated into the different visa preference options we at Chen Immigration Law Associates have successfully utilized to help clients have EB-1 (Aliens with Extraordinary Ability ; Outstanding Researchers or Professors) and EB-2 NIW (National Interest Waiver) approvals. Therefore, prior to planning an optimal strategy for petition approval, we help our clients decide under which visa preference they will qualify and apply. After deciding which category is most appropriate for a client’s case, we at Chen Immigration Law Associates discuss with clients to decide which criteria to claim (as discussed below), and in addition to strategies corresponding to these criteria, we have provided useful strategies that will dramatically improve our clients’ potential for petition approval.Nonetheless, regardless of the visa category, one of the most important aspects of any petition is the specific field of endeavor classification. This is the very first we help our clients determine before deciding on a classification or additional strategies. For example, under any classification, arguing that one has ascended to the top of the field of engineering is much harder to claim than arguing that one has risen to the top of the field of civil engineering and flood policy analysis. Therefore, it is critical to narrow the scope of the field of endeavor before starting any petition package. Likewise, it is always wise to include the specialty within the field in the title of the field of endeavor specified. This eliminates any questions the immigration officer might have involving specific field classification, and it further aids in distinguishing one’s expertise from others in the overarching field of endeavor.Moreover, by narrowing the field of endeavor down to a highly specific scope, one may still use general statistics from the overall field (i.e. relatively low citation climate statistics), but this also serves to assist in the immigration officer’s understanding of the applicant’s work under the national interest and within the general field of endeavor. In other words, if one claims their field of endeavor is molecular genetics, and continues with a detailed technical discussion, the immigration officer might not give proper weight to the contributions due to a complete misinterpretation or a mere poor understanding of the work’s fit within the national scope of the health sciences industry. And finally, when a highly specific field is used, one is able to use language like “the hybrid field of…” or “the highly-specialized field of…,” which provides additional support to the notion of one’s vitality or importance in the field. This strategy has aided substantially in the approval of petitions of clients at Chen Immigration Law Associates.Moving forward, specific discussions related to criteria claims corresponding to each category of visa classification are provided to highlight potential criterion selection strategies.For more details, see this article.
이곳에 게시되는 글들은 Chen 이민 법률 사무소에서 제공하는 것으로 저작권에 대한 모든 권한은 Chen 이민 법률 사무소에 있으며, 본 게시물의 무단전재와 재배포를 금합니다.
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