Mr. Aber has been working as an Economic Planning Manager for more than 12 years in the Petroleum industry. He holds a combined Degree in Economic & Administration of Energy Companies. He is a full member of the International Association of Energy Economics (IAEE) and the Society of Petroleum Engineers (SPE). Despite the fact that he did not have any publication, citation, conference poster, Attorney Feng believed that his rich experience in energy industry could support him in EB-2 NIW petition if the case is well prepared by experienced attorney.

This NIW case is only average at most due to lack of national awards, publication, citation, conference poster, which majority of NIW applicants in energy industry have. Mr. Aber’s contributions to his field can only be demonstrates via six recommendation letters. This makes this case very challenging.

In both the recommendation letters and the petition letter, Attorney Feng emphasized:
1) The important applications of Mr. Aber’s work. As you may know, USCIS takes very serious consideration of petitioners’ influences to their respective fields. It does not matter what you have done, what matters in your immigrant petition is what others have done because of your contributions. Thus, in order to determine applicant’s impact, USCIS examines petitioners’ citation records, applications of petitioners’ results, media report about petitioners’ work. Since Mr. Aber lacked citation, Attorney Feng stressed the implementations of Mr. Aber’s results in detail. The case strongly presented to the officer what Mr. Aber has done and how significant his work was to his field. Extensive applications of his work in oil industry have been addressed thoroughly in the recommendation letters and the petition letter. Without any citation, Attorney Feng was able to persuade the officer of Mr. Aber’s influence to his field.

2) In order to prove the high quality of his work, Attorney Feng emphasized each of his projects meticulously which had bot a national and international impacts with regards to the future access to petroleum. Mr. Aber’s awards from the company he has worked for have also been included in the petition. Although they are internal awards, as Mr. Aber works for multi-national oil company, the reputation of these awards is worth to be mentioned.

Besides recommendation letters, Attorney Feng also helped Mr. Aber collecting confirmation letters proving the broad applications of his result in the industry, which overcomes the weakness of lack of citation. By fully discussing the impacts of Mr. Aber’s past and continued work in the field, Attorney Feng was able to build a solid case.

Within three months after the case was filed, the petition was approved by USCIS. Compare to average 9 months processing time for NIW, the success of this case is very impressive. Although this is not typical of all cases, it demonstrates that even weak cases can have an excellent chance of approval with the help of a highly skilled attorney. As long as you can persuasively prove that you meet NIW requirements, you have a chance to succeed. In Mr. Aber’s case, he has benefited from the crafting of strong recommendation and petition letters, and from this sound legal advice.
We encourage you to send us your CV to evaluate whether you have a good chance to succeed under EB1 or EB2 NIW categories. An experienced attorney’s help is essential for engineers like Mr. Aber who did not believe that their NIW could be approved at first. Experienced attorneys can enhance your chance of approval even if you only have an average case. What makes your green card application different is whether you are willing to try.

*In order to protect our client’s privacy, all identifying information has been changed.

*Attorney Jing Amy Feng is the Partner of Jing Feng Law Group PLLC. (www.fengvisa.com). She has extensive experience in working visa applications and employment/business immigration, with a proven record of many successful NIW, EB-1, H-1B, PERM cases. She may be reached at jfeng@fengvisa.com

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