SUCCESSFUL EB-2B CASE

• Applicant: Researcher in Digital Communications
• Nationality: Taiwanese (Republic of China)
• Degree: Ph.D in Electrical Engineering
• Scholarly Works: 7 Chapters Spanning 3 Books, 16 Journal Articles, 39 Conference Papers
• 25 Conference and Symposium Invitations
• Received 23 Government and Industrial Grants
• Chosen as Reviewer for Several Journals and Conferences
• Applying for: EB-2B Exceptional Abilities classification and National Interest Waiver
• Challenges:
  o Only a member of 1 professional association
  o Self-Sponsored, did not have an employer in the United States who guaranteed work
  o Only third party documentation was recommendation letters

Dr. Yang* came to Tsang and Associates in hopes that we would help him file for an EB-2B petition as an individual with exceptional ability with a request for a National Interest Waiver due to his knowledge of digital communications. Dr. Yang sought to come to the United States in order to conduct more extensive research in collaboration with top professionals, believing that in the United States, the opportunities for greater discussion and brainstorming would be more available. If he was unable to come to the United States, then his research aspirations would be extremely limited, ultimately not reaching the scope of which he is capable. We at Tsang and Associates assisted Dr. Yang file his EB-2B petition with a request for a National Interest Waiver on June 30, 2015 and it was approved on June 24, 2016 without any additional request for evidence.

Keys to Success

How we proved the Requirements for a National Interest Waiver

Initially, we felt comfortable with the number of scholarly works attached to Dr. Yang’s name, clearly an impressive array. However, greater concern was felt with the lack of professional associations of which Dr. Yang was a part, his lack of immediate employment, and also because his skill, digital communications, did not connect directly to an area of national-interest such as healthcare, education, or working conditions. According to the United States Citizenship and Immigration Services requirement, we had to prove that:
  1) Dr. Yang planned on working in the U.S. in an area of substantial intrinsic merit
  2) The proposed impact of Dr. Yang’s work was national in scope
  3) Waiving the labor certification requirement would benefit the national interest of U.S.

In order to tackle these requirements of a national interest waiver, we had to first establish the connection between Dr. Yang’s work in the field of digital communications and the national interest of the United States. Though not immediately recognized, we were able to connect Dr. Yang’s research in the field of digital communications to the U.S. national economy. Most recently, he had been conducting research examining the quality and speed at which smart phones transfer data when the surrounding environment doesn’t have strong wireless reception as well as looking into 5G systems, going beyond 4G. We were able to connect this research to the benefits that it would have on the internet as a whole and using numbers and statistics, demonstrated that improvements made in the internet, especially the data transfer quality and speed of which Dr. Yang was studying, would increase e-commerce in the United States and ultimately help create jobs as technological advances are made. We proved that Dr. Yang’s research strongly contributed to the economic well-being of the United States and the potential growth that could result, establishing the national scope of Dr. Yang’s work. We even asked his peers and colleagues to write letters of recommendation detailing Dr. Yang’s vast impact and significance of his work.

Moreover, by introducing Dr. Yang’s numerous publications, presentations, and groundbreaking research we set him apart from those needing the labor certification process. We showed that he had dedicated his life to this research and furthering the understanding of digital communications. In addition, using a personal statement from Dr. Yang and citing his various achievements and publications, we proved that should he be admitted into the United States, he would be sure to continue his work in this capacity.

How we proved the Requirements for EB-2B Classification

Further, in order to fulfill the requirements for the EB-2B classification, we had to provide evidence to establish at least three of the following:
 1) Official academic record showing that Dr. Yang had a degree of learning relating to his    area of exceptional ability
 2) Letters documenting at least 10 years of full-time experience in Dr. Yang’s occupation
 3) License to practice Dr. Yang’s profession or certification
 4) Evidence that Dr. Yang commanded a salary for services demonstrating exceptional ability
 5) Membership in a professional association
 6) Recognition for achievements and significant contributions by peers, government entities,   professional or business organizations

In addition, we had to establish the final merit, meaning that just fulfilling at least three of the requirements did not guarantee approval.

We felt that Dr. Yang’s case was rather promising due to his outstanding achievements and accomplishments. We first brought forth comparable evidence detailing the quantity and quality of his journal articles, conference papers, and books, even showing that Dr. Yang had several journals with a calculated Journal Impact Factor of greater than 2, which was the base for being considered extremely influential. More importantly, we were able to distinguish Dr. Yang’s contributions from his research partners in noting that Dr. Yang was the first author on many of the publications, meaning that he wrote the most of the substance in the paper.
In tackling the list of requirements, we easily demonstrated that Dr. Yang fit the bill for the first two, simply by providing a copy of Dr. Yang’s Ph.D. in Electrical Engineering from the University of California, Davis and also by showing through an employment verification letter that Dr. Yang had been a professor at the National Taipei University of Technology in Taiwan for 22 years in the field of digital communications. In addition, even though Dr. Yang was only a member of 1 professional association, the Institute of Electrical and Electronics Engineers, we focused on its role as the largest technical professional association in the world, noting its significance and network of connections.

In order to assist in proving exceptional ability, we tracked down many of Dr. Yang’s peers and experts in his field to write letters of recommendation detailing Dr. Yang’s work and his major and original contributions to the field of digital communications. We also highlighted the 23 governmental and industrial grants given to Dr. Yang to further his esteem and respect within the community.

As a whole we proved that Dr. Yang had reached heights in his field unparalleled by many. After gathering all the supporting documentation establishing Dr. Yang’s exceptional ability relative to his peers, we submitted the EB-2B petition with a National Interest Waiver on June 30, 2015.

Outcome

Dr. Yang’s petition was approved on June 24, 2016, allowing Dr. Yang to continue to pursue his outstanding research in the United States for the benefit of the nation.

*Name has been changed to protect client identity.