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申请国家利益豁免需要了解的信息
作者:孙律师     发文时间: 2015年02月01日 08:34:40
Law Offices of Sun
12121 Wilshire Boulevard • Suite 600 • Los Angeles, CA &#
8226; 90025
Tel: (310) 481-6118* Fax: (310) 481-6117*Web: www.sunlawfirm.us
Contact: Alicesunlaw@gmail.com
Member of American Immigration Lawyers’ Association (1996-Present)
Attorney Alice H. Sun

Demonstrable Achievements/Influence as Part of Criteria for a National
Interest Waiver

In order to meet the national interest threshold, an EB2NIW applicant/
petitioner must establish the following three prong tests of eligibility for
a national interest waiver, provided by the decision of the Administrative
Appeals Office (AAO) in Matter of New York State Dept. of Transportation (
Commr. 1998) (“NYSDOT”):

1) The area of intended employment is of substantial intrinsic merit;
2) The proposed benefit must be national in scope; and,
3) It would be contrary to the national interest to make the position
available to U.S. workers. (i.e. The national interest would be adversely
affected if a labor certification were required for the alien.)

This article will only focus on the third prong test, because this test/
measure (establishing your ability to serve the national interest to a
substantially greater extent than the majority of your peers) may be
relatively more difficult to prove than the other first- and second- tests (
demonstrating that the proposed employment has substantial intrinsic merit
and would be national in scope).

The third prong/test stated in Matter of New York State Dept. of
Transportation requires “persuasive” proof that the national interest
would be adversely affected if a labor certification were required for the
alien. In this particular prong, it is important to understand that the
labor certification process exists because protecting the jobs and job
opportunities of equally qualified U.S. workers is in the national interest.
For this reason, an applicant pursuing an exemption from the labor
certification process must present a persuasive set of evidence that
outweighs the national interest inherent in the labor certification process.

It must be established by a preponderance of the evidence that the applicant
has a past record of specific prior achievement that justifies projections
for future benefit of the national interest, and that the applicant’s
background and skills are unique, innovative, and will serve the national
interest to a substantially greater extent than the majority of your peers (
a greater extent than the majority of others in the field).

An applicant/petitioner should prove that his/her actual prior
accomplishments are highly significant, beyond that which might be normally
expected of others in the field. In other words, it is required of the
applicant to show that his influence/impact and his/her ability to serve the
national interest is greater than most of the applicant’s peers in the
field. This can be proved through documentary evidence, including but not
limited to the following:
- Beneficiary/applicant’s patents or copyrights;
- Grant proposals;
- Peer-reviewed articles in professional publications;
- Peer review evaluation/performance evaluation for the last five to ten
years;
- Work that has been evaluated in independent journals, and;
- Awards for your work in the field, accompanied by a statement from the
institution that granted the award, commenting on the number of awards given
, the frequency of the award, the criteria for granting the award, and the
number of individuals eligible to complete for the award.

In case that the majority of the applicant/beneficiary’s research has been
conducted as part of a team, the applicant must submit detailed evidence
showing his/her role in the research. The evidence should clearly
demonstrate how his/her contribution to the research exceeded that of his/
her co-researchers, and such evidence should include 1) A complete copy of
the grant proposal and grant approval; 2) If the research was not conducted
by virtue of grant funding, a statement from an authorized official of the
research institution that would identify the means by which the research was
funded, should be submitted; 3) A statement from the individual who manages
the research project, such as the department chairperson or director of
research that describes the specific individual contribution of each
researcher who participated on each research project.

In short, to satisfy the third prong test, an applicant/beneficiary should
provide persuasive evidence to establish (i) how the applicant has
influenced the field as a whole apart from his/her current and previous
employers; (ii) how he/she contributed more than others in the field; and (
iii) how he/she stands apart from the other in the field to benefit the
national interest. For the applicant seeking to qualify as "exceptional"
under a national interest waiver, he/she is required to not only establish
that the proposed employment has substantial intrinsic merit and would be
national in scope, but persuasively demonstrate his/her ability to serve the
national interest to a substantially greater extent than the majority of
your peers. By meeting ALL of the three national interest prong tests, the
applicant is then qualified as "exceptional" under a national interest
waiver. "Exceptional", as defined under U.S.C.I.S. regulation, means "a
degree of expertise significantly above that ordinarily encountered in the
sciences, arts, or business."

Our law firm has substantial experience for more than 19 years to help
postdoctoral researchers, professors, engineers, and other advanced degree
professionals apply for green card applications in EB1A, EB1B and EB2NIW.
For more information, you can visit our website at www.sunlawfirm.us.

We provide Free Evaluation services. If you are interested in a Green Card
application, please email us your resume, the number of citations of your
works, and your main contributions to alicesunlaw@gmail.com. Subject: Green
Card Application.

Alice H. Sun (Member of American Immigration Lawyers Association)
Law Offices of Sun
12121 Wilshire Blvd., Suite 600
Los Angeles, CA 90025
Tel: (310) 481-6118
Fax: (310) 481-6117
alicesunlaw@gmail.com,
http://www.sunlawfirm.us.

Disclaimer: The above newsletter information is general information. They
are NOT legal consultations for any specific cases or legal issues.

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