(S-972) A Research Scientist working in a hospital EB1A Approved: Applicant obtained Ph.D. in China and at the time of filing, he was a research scientist conducting Biomedical Research on Pathophysiology of Lung Diseases in a hospital. He submitted 3 national awards, 2 provincial awards and other awards he received in China,2 book chapters in Chinese, 31 published journal papers, 21 papers or abstracts in conference proceedings, with 98 citations, 19 conference presentations. Other evidence includes membership of American Thoracic Society and Chinese Association of Pathophysiology, ect. The case was approved in 1 week after filing to TSC.

(S-792) A Research Scientist working with a university EB1A Approved: Applicant with Master’s Degree in Medical Science and M.D. equivalent degree in Medicine, is a research scientist at university conducting research on Genetic study of autoimmune diseases including systemic lupus erythematosus (SLE) and rheumatoid arthritis (RA). At the time of filing, she has received the “the Arthritis National Research Foundation Grant Award”, “Meyer Young Investigator Award” and “The lupus 2007 Young Investigator award” and other fellowship awards. She also submitted 3 book chapters, 13 published papers in China and in the United States, with 10 citations, and 13 conference presentations. The case was approved in 1 week after filing to TSC.

Research scientist in automation engineering received approval of EB1A Alien of Extraordinary Ability

Applicant is a research scientist in the field of automation engineering who received prestigious nationally recognized awards and lesser nationally recognized awards in China, including the following: Two Science and Technology Progress Awards bestowed by the Ministry of Aerospace Industry of China in different years; Defense Science and Technology Award. For each award, CIS required “to submit evidence to establish the origination, purpose, significance and scope of each award, as well as the criteria used to nominate and judge the participants and award winners. Also, include evidence that identifies previous winners of each award for the past three to five years.” These awards were conferred by the Chinese governmental agencies a few years ago. How to prepare the requisite evidence to prove these awards are crucial to our client’s case. Based on our twelve years experience, providing sufficient evidence to prove awards from foreign countries has been one of the major concerns of CIS in adjudicating EB1A applications.

Based on our experience, we help our client collect substantial documents and verification letters including Website publications of Chinese governmental regulations regarding each awards, introductions of each governmental agency that conferred the awards, existing winners list for each awards, etc.. These documents are in Chinese language. To translate these documents requires thorough understanding of the Chinese legal and administrative systems and the U.S. immigration laws and regulations with respect to EB1A evidential requirements. To add more difficulties to the case, some Chinese governmental agencies changed their official names from time to time. As a consequence, the original name of the organizations that was printed on the award certificates is no longer in existence, although the organizations are still in operation. All confirmation letters and introduction materials of the organization bear a new name, which is different from the one on the award certificate. We further established a highly sophisticated name tracking system with detailed name-change history for each organization to prove that current organization B is in fact the organization A that conferred the award. CIS approved this EB1A.

Attorney comments: Due to the visa backlog, many international scholars, students and researchers are filing EB1A. The majority of the EB1A applicants submit awards received from other countries to satisfy the award wining requirement in this category. It is critical to work with experienced attorney in order to establish the credibility of these awards.

Post-doc research scientist in the field of polymer chemistry and polymer nanomaterials received approval of EB1A Alien of Extraordinary Ability

The following is a successful case analysis of an applicant who filed both EB1A and EB2NIW. Applicant is a post-doc research scientist in a university to conduct research in polymer chemistry and polymer nanomaterials. Because of the high standards in CIS adjudication trends on EB1A, we suggested that Client file two applications, an EB2 National Interest Waiver and an EB1 Alien of Extraordinary Ability. Both applications are approved.
Applicant won “Science and Technology Prize Award” bestowed by the Ministry of Education of the People Republic of China; “Achievement in Science and Technology Award” by the Ministry of Education of China; the “National Outstanding Dissertation Award” by the Ministry of Education of China; and a few regional awards.

Applicant was elected to be a Fellow of the American Institute of Chemists (AIC), which requires outstanding achievements, and was officially invited to be and acted as a member of the nomination committee to nominate outstanding scientists with great contributions in chemistry for its “Chemical Pioneer Award and the Joseph Hyman Ethics Award” by American Institute of Chemists (AIC).”

Other evidence include three review papers discussed and cited Applicant’s research papers; fifteen first-author papers and some co-authored scientific papers published in professional journals; more than one hundred citation papers authored by other scientists worldwide that cited Applicant’s papers, etc..

Attorney Comments: EB1A requires documentation of the applicant's membership in associations in the field for which classification is sought, which require outstanding achievements of their members, as judged by recognized national or international experts in their disciplines or fields. This approved EB1A provide a good example that a fellow of the American Institute of Chemists and a nomination committee member to nominate outstanding scientists with great contributions in chemistry for its “Chemical Pioneer Award and the Joseph Hyman Ethics Award” by American Institute of Chemists (AIC) are considered by CIS to meet the membership requirement.