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Success StoryEB-2 NIW

Domestic-law scholar with no overseas experience — NIW approved with no RFE

Dr. Z., Law Scholar

Approved with no RFE (regular processing)

A common assumption among legal scholars whose research focuses on Chinese domestic law is that they cannot meet the "national importance" prong of NIW because their work is jurisdiction-specific. The opposite is often true.

Dr. Z. holds a doctorate in law from a Chinese institution, has no overseas experience, and has a modest citation record. Three issues drove the strategy: - demonstrating the feasibility of the petitioner's planned U.S. activity in a jurisdictionally bounded research field; - explaining how research grounded in Chinese domestic law contributes to U.S. national interest; - demonstrating the petitioner is "well-positioned to advance the proposed endeavor" notwithstanding limited citation metrics.

We constructed a comparative-law framing that reframed jurisdiction-specific scholarship as input into U.S. policy, regulatory, and academic discussion of cross-border issues. The "well-positioned" prong was supported through the petitioner's research outputs, institutional standing, and concrete contribution profile.

Filed November 15, 2023; approved March 5, 2025 — no RFE, no premium processing.

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