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12. EB2NIW 1 个月28天批准:谈其实际利益

EB2NIW 1 个月28天批准:谈其实际利益

On December 1, 2008, we helped a postdoctoral researcher prepared and submitted an EB2NIW for his U.S. Permanent Residence status to the Texas Service Center.
On January 27, 2009, the CIS Texas Service Center approved this EB2NIW application without RFE in only ONE (1) month and 28 days!

The following are few critical issues that make this green card applicant succeeded in getting his U.S. Permanent Residency fast.

1. Make a right decision

Decision-making plays a critical role in life to make yours successful.

In the current economic downturn, people who want to apply for green card all face a decision-making challenge: shall I rely on a U.S. employer to apply green card for me? Or shall I fight for my green card by myself?

How can you make a right decision? You shall research on the current economy and the U.S. labor market.
Because of the high-unemployment rate, many employer-sponsored green card applications have failed because the U.S. Department of Labor bars the U.S. companies that have lay-off record from applying green card for their foreign employees.

As a result, more and more U.S. employers require job applicants to have green cards. No green card, no job offer.
Also, many green card applicants who relied on employer’s sponsorship were laid off before they get their green card and their applications were terminated on the date they left the company.

In comparison, a self-petitioned green card application does not have these disadvantages.
This client made a right decision NOT to rely on employer to support his green card application but to petition his green card by himself with professional help from our law firm. His right decision opened the door for his fast green card application success.

2. We helped our client use his academic environment to support his EB2NIW

The applicant was a postdoctoral researcher at a university. He did not have a permanent job at the time of filing EB2NIW and had J1 status with a waiver of the 2-year residence requirement.
He has been engaging in pioneering research in the field of Environmental Engineering and Science, emphasized on biodegradation of organic pollutants in groundwater, ecology and biogeochemistry of cosmopolitan marine algal species, and innovative wastewater treatment process with applications to bioremediation, biogeochemical nutrient cycling, global climatic change and wastewater engineering. The research projects are supported by major U.S. governmental agencies.

Based on our experience, we emphasized on our client’s significant role in and exceptional contributions to these U.S. governmental agencies supported leading edge research project. We have successfully applied this strategy to many green card application cases in which the applicants are university Ph.D. students or Postdoctoral Researchers in the United States.

Again, our strategy is very successful to support this EB2NIW.

3. We applied sophisticated evidence preparation method to document a well-presented EB2NIW for our client.
Evidence preparation is one of the most critical issues to make a successful EB2NIW case. In the last fifteen years, our law firm has developed a highly effective evidence documentation strategy and method.

After our meticulous documentation of his EB2NIW, we submitted his application to the CIS Texas Service Center. Currently, CIS Texas Service Center reports a 12-month processing time for EB2NIW applications.
Our EB2NIW application was approved in only ONE month and 28 days, including the Christmas and New Year holidays when the CIS adjudication officers were on vacation!

This rapid approval clearly proves that the case was well organized and well-prepared, which is critical for successful petition results.

4:EB2NIW 快速批准的实际利益

对于非中国大陆和印度出生的申请人,EB2NIW 快速批准的实际利益是直接的,因为他们可以快速得到绿卡。
但是,对于中国大陆出生的申请人,即使EB2NIW 快速批准,他们也需要等待排期,对这些需要等待排期的申请人有哪些 实际利益呢?

(1)EB1NIW 批准后,H1b持有人可以以三年为期,在等待排期时间内无限期的延长 H1B在美国工作, 并用H1B 签证进出美国国境。

(2)EB2NIW 申请递交后和批准后,申请人可以转换雇主而保持EB2NIW 继续有效,只要新工作在本专业领域并为国家利益服务。

3)EB1NIW 批准后,申请人不再需要美国雇主帮助申请绿卡,这一优势受到广大美国公司重视和欢迎,为申请人寻找就业机会提供了良好条件。

这些实际利益证明,EB1NIW 批准后,申请人在很大程度上享受和拿到绿卡相似的待遇和机会。因此,因为需要等待排期而认为EB1NIW 批准后没有意义或利益不过是一些不了解移民法时错误的心理障碍。


我们长期以来成功申请EB1A,EB1B, EB2NIW, EB5. 决定以此类职业移民申请绿卡的读者,欢迎与我们律师事务所联系。



Alice H. Sun (Member of American Immigration Lawyers Association)
12100 Wilshire Blvd., Suite 650
Los Angeles, CA 90025
Tel: (310) 481-6118
Fax: (310) 481-6117 or







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