The only NIW case of Lin & Valdez that was denied in 2008 by the USCIS recently received a just reversal of the erroneous denial. Hence, we have restored our impeccable NIW record for 2008.
This NIW appeal, which was recently granted by the Office of Administrative Appeals in Washington, DC, was filed by our office in December of 2008 for an unjustified and ill-structured denial notice we received in November of 2008.
Our client in this case is a bio-statisticians. He provided many important statistics and research assistance to support many pioneering medical researches. Through out his research career, his research result was frequently cited by other scientists. In the denial notice issued by the government, the USCIS did not dispute that our client qualifies as a member of the professions holding an advanced degree. Oddly enough, the USCIS’ reason of denial is that they have doubt that waiver of the labor certification is in the national interest.
Upon receiving the denial notice, we conferred with out client and immediately decided to appeal the USCIS decision. We believed that the USCIS did not appropriately weigh the evidence submitted and believed that the USCIS reached to a wrong decision. Especially, we believed that the USCIS wrongfully neglected the citation record of our client’s publications and released statistics. Upon considering our appeal, rightfully, the OAA reached to the recent decision and ordered to withdraw the district office’s wrong decision. In its opinion, OAA opined that “the petitioner has presented a persuasive case for approval of the waiver”. The OAA pointed out that “while it is true that the witness letters represent the petitioner’s close collaborators rather than independent witnesses, the petitioner’s extensive citation record is direct evidence of the wider impact and influence of the petitioner’s work,” and “the director did not explain why the petitioner’s documented dictations received so little weight in the director’s decision.” Accordingly, the decision made by the District Office is withdrawn.
Over the years Lin & Valdez has established an extremely high success rate in EB-1 and NIW applications. Please contact us immediately if you are thinking about applying for NIW or EB-1. We will give you our thought to the chance of your application. As we always say, the best help you need is just a click away!