Another Murthy Success Story : NIW Approval
Posted Dec 02, 2005
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At the Murthy Law Firm, we receive many inquiries regarding potential National Interest Waiver (NIW) cases. Upon occasion, and with the permission of the particular clients, we have shared with MurthyDotCom and MurthyBulletin readers a few samples of the many EB1 and NIW success stories we handle on a regular basis. These cases are selected to shed light for our readers on the types of cases that tend to receive approvals and the evidence and strategies that lead these difficult cases to receive approvals.
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Area of NIW Applicant's Work
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An NIW petition approval recently reached the Murthy Law Firm for a client who conducted research in the field of drug discovery; specifically, in research on drug resistance. Our client’s work is of particular importance in the area of multi-drug resistance of HIV and cancer, thus the research is not only national, but global in scope. This research was shown to be substantially important to the economy and the health of the United States. The work was funded by the National Institutes of Health (NIH).
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Evidence Submitted to Obtain the NIW Approval
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The beneficiary submitted several expert letters from universities and children’s hospitals. These letters attested to the importance of our client’s landmark research and to the fact that our client’s abilities far surpass those of other researchers in the area of expertise. A member of several organizations that are integral to the field, including the prestigious Sigma Xi Scientific Research Society, the beneficiary has also authored twenty-three publications, twelve as first author. These publications included articles in journals with high impact factors, academic book chapters, and abstracts in conference proceedings. The beneficiary also presented this innovative research at numerous national and international conferences. Our client’s research is clearly being used by others within the area of specialization, as the work has been favorably cited more than ninety (90) times by other researchers in the field. Another indicator of our client’s stature in the particular field of knowledge is frequent invitations to serve as a reviewer for leading scientific journals.
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RFEs on NIWs not Uncommon!
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Even with the impressive credentials and extensive documentation submitted in our client's initial petition, a Request for Evidence (RFE) was received prior to the approval of the case. In the RFE response, our firm submitted three additional expert opinion letters, two of which were from independent experts. In addition, since the original submission, the beneficiary published two new articles in leading journals in the field based on work conducted prior to submission of the original application. We were able, therefore, to include these in the response as further proof of qualification for the NIW. The case was approved following our RFE response. While many people panic when their cases receive RFEs, this is another example of the fact that RFEs are issued even in good cases and that cases are often approved following the proper response to an RFE.
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Conclusion
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We at the Murthy Law Firm would like to thank our client for the permitting us to present this case to our MurthyDotCom and MurthyBulletin readers. We are pleased that the USCIS recognized the individual's valuable contributions in the national interest of the United States.