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论文引用的数量与国家利益豁免申请张勇兵律师 论文独立引用的数量在几类美国职业移民申请中是一个很重要的评判标准。一般来说独立引用的数量越多,越有利于申请被批准。国家利益豁免就是其中一类申请。 国家利益豁免是职业移民二类优先的独立自主申请。自1996年被美国立法以来,许多科研人士通过这类申请获得了绿卡。在过去的二十多年里,国家利益豁免的法律要求出现了两次变动。1997年,在纽约州交通局判例中,移民局确立了当时的法律要求。即: 1.申请人从事的职业具有内在的价值;2.在专业领域内创造的益处必须波及到国家的范围;3.与具备同等基本资质的美国劳工相比,申请人会给美国带来更多的益处。在这一判例指定的要求下,申请人须证明在所从事的专业领域内有一定的影响力。对于科研人员来说,发表的科学论文被其他科研人员引用的次数就成了衡量这种影响力的标准之一。毫无疑问,申请人论文独立引用的数量越多,影响力就越大,申请被批准的可能性就越高。 2016年12月,在施行了近二十年之后,移民局推翻了纽约州交通局判例,在新判例Dhanasar中,提出了国家利益豁免的新要求:1.申请人追求的领域必须具有重大价值且对国家有重要性;2.在继续推动所追求的领域方面申请人位于非常有利的位置;3.衡量各个因素,免除申请人的劳工认证程序会有利于美国。 Dhanasar之后,移民局放弃了原来的标准,不再要求申请人证明自己在所从事的领域具有一定的影响力,而是要求申请人证明自己有一定的成就。显然,新的法律要求标准有所降低。但移民局也明确表示,仅仅履行本职工作的基本职责,并不能满足新法律要求。 那么在新的要求下,论文引用数量低或为零的科研人士,可以成功申请国家利益豁免吗?答案是肯定的。对于这类申请人,应该怎样有效地准备申请呢? 首先,如果论文引用数量少,申请人应该做出合理解释并提供相关证据加以辅证。比如,申请人如果是在公司企业从事以开发产品为目的的研发,这类文章的所有权通常属于公司,类似于公司的“商业机密”。因此不可能像在科研院校以学术研究为目的的文章那样对外公开。引用数量少是可以理解的。再比如,在一些纯理论研究的学术领域,论文引用数量通常比应用领域论文的引用数量要低。申请人应该提供可信的客观证据来说服移民官。 另外,申请人应该努力从其他方面强调自己论文的优秀,如果是发表在非常著名的学术期刊上,应该提供客观的证据,例如期刊的出版标准,影响力指数,等等。如果自己的论文被频繁下载或点击审阅,申请人不能仅停留在提供下载或点击的数字,而应该进一步说明这些数字的意义,并提供客观的证据加以辅证。 其次,申请人不应该只盯住论文引用一个标准,而是要多挖掘自己多其他亮点。比如, 申请人是否在研究领域有过重大发现,是否在某个实验中承担过领导的角色。是否在实验方法,数据收集方面有创新,更重要的是,这些发现,实验和创新是否被其他科研人员借鉴或应用。在科技拨款申请中,有无因申请人参与而获得联邦或州的拨款。 等等。 总之,申请人需要证明的是,因为自己过去表现出色,所以自己将来会继续表现出色。申请人应该把自己过去几年里在科研上的优异成绩,一项一项地罗列,并且说明这些项目对其他科研人员的影响,这样就可以满足国家利益豁免申请中关键的要求。在这方面申请人应该结合自己所从事的领域的特点,努力发现独特的亮点。结束

以上文章版权属芝加哥张勇兵律师事务所。如有转载请表明出处。以上文章属一般介绍情况,不适用于个人案件分析,因此不应该当作法律建议。仅阅读此文无律师与客户关系的建立。您在阅读了本文后有法律疑问,如果您有律师,请向您自己的律师提出咨询。如果您没有律师,可以和我们联系:电话:312-750-9889;传真:312-750-9880;电邮:[email protected]; 网址:www.ybzlaw.com;地址:10 South LaSalle Street, Suite 3500 Chicago Illinois 60603

张勇兵律师事务所位于芝加哥市中心的拉塞尔大街。事务所精办美国各类移民和各类非移民签证的申请。移民申请包括:

PERM劳工证,特殊人才,国家利益豁免,杰出教授及科研人士,跨国公司经理移民,投资移民,以及K签证和各类亲属移民。非移民签证业务包括:H1B, L1, O, E,P,等签证。本所同时为公司和雇主提供遵守移民发有馆雇佣规定的法律服务。欢迎广大客户就相关的法律问题向张勇兵律师事务所作出垂询。我们一定以极大的热情,丰富的经验,精湛的技能为客户快速解决法律问题。张勇兵律师事务所地址:10 S.LaSalle St., Suite 3500 Chicago,IL 60603电话:312-750-9889传真:312-750-9880邮件:[email protected]网站:www.ybzlaw.com微信:lawofficeybz微信二维码 市中心办公室办公时间:周一至周五(8am – 5pm)西北郊(Buffalo Grove)预约面谈 (工作日晚上或周末)

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