Murthy Success Story : NIW and EA Approval
Posted Nov 25, 2005
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The Law Office of Sheela Murthy regularly represents clients in "special category" green card cases. Our law firm has successfully processed several hundred of these cases with an entire department that focuses on those with extraordinary ability (EA) or outstanding professors or researchers (OPRs), well as those whose work benefits the United States in the national interest so that they may obtain a waiver of the labor certification requirement by filing under the National Interest Waiver (NIW) category. These categories are explained in more detail in the NIW section of MurthyDotCom. We are proud to say that we experience a high rate of success in these special cases from which many law firms shy away for various reasons. From time to time, with client consent, we share a few success stories for the benefit of MurthyDotCom and MurthyBulletin readers.
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Filed in Both Categories of EA and NIW
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Our firm actually filed in two categories for the following case, and received approvals in both. This strategy is sometimes used, in cases where the individual potentially qualifies in multiple categories, to enhance the likelihood of success. We recently received I-140 Petition approvals in both the Extraordinary Ability and NIW categories for this candidate. As mentioned, the client wanted us to cover all bases to increase the chance for a successful outcome.
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Evidence Submitted for EA and NIW Approvals
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The Law Office of Sheela Murthy demonstrated that this researcher had a record of conducting groundbreaking research in the field of Biomedical Sciences, specifically in the area of DNA research. We presented proof that our client's work had resulted in advancements of significant benefit to research on cancer; viral infections, such as AIDS/HIV; diabetes; bacterial diseases, such as leprosy, tuberculosis, and pneumonia; and antibiotic resistance. The supporting letters testified to the fact that this DNA research was considered vital for the development of targets for drugs and vaccines, as well as novel strategies to rectify glitches in DNA and cure diseases. In addition to improving the health of U.S. citizens, we argued that this work also benefits the U.S. environment, economy, and national security, as evidenced by its funding / support through the National Institutes of Health (NIH) and the U.S. Department of State (DOS).
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The proof used in support of the petition included necessary letters from experts in the field. Several of these were submitted from independent experts from government agencies and premier universities, as well as those of international renowned, verifying that our client was one of the world’s leading experts. These experts stated that our client's extensive credentials and abilities could not be replicated by training others in the field, and they placed our client at the top of the field. The beneficiary authored twelve articles, eleven as first author. The articles were published in primary journals in the field with high Journal Impact Factors. The beneficiary also authored several grant proposals to government organizations that were awarded federal funding. Our client's work was presented at international conferences and meetings, including the prestigious Gordon Conference. Our client acted as a reviewer of articles for leading journals in the field and also for grant proposals for government agencies.
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Overall Impact on Field
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The professional literature carried more than seventy favorable citations to this individual's pioneering research in the field, which distinguished our client over other researchers. In addition, our client's findings were used in the development of a drug to treat leukemia that is produced by a top pharmaceutical company. The beneficiary is a member of several professional societies that are integral to the field, such as the American Chemical Society, the American Association for the Advancement of Science, and the International Union of Pure and Applied Chemistry. Our client also drew a salary that far exceeded most peers.
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Conclusion
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As evidenced above, it is necessary to demonstrate and argue one's qualifications in those areas that are relevant to the particular special category. When an individual is ready to consider one or more of the categories like the NIW, EA, Outstanding Professor / Researcher, or Schedule A, Group II, we at The Law Office of Sheela Murthy review the credentials and recommend appropriate options. These employment-based, first preference and second preference categories, particularly the NIW and EA that do not require employer sponsorship, or filing under Schedule A Group II that requires employer sponsorship but has current priority dates for even Indian and Chinese nationals, likely will provide faster routes to complete the green card process for those who are eligible and qualified.