CASE: I-485 / I-140 (National Interest Waiver)
NATIONALITY: Korean
LOCATION: Ohio
Our South Korean client came to the U.S. on a J-1 Visa in August 2008. He was here for a NASA research fellowship, but his J-1 program made him subject to the two-year foreign residency requirement. He retained our office for his J-1 waiver, I-140 National Interest Waiver Classification (NIW) and I-485 Adjustment of Status applications.
We got his J-1 waiver approved on February 6, 2012, details of which are in a previous success story. Afterwards, we started working on his NIW application. Our client is a researcher and scientist in the field of Aerospace Science and Engineering, and is currently working as a research specialist at NASA. Upon review of his credentials and qualifications, our office determined that he was qualified for the National Interest Waiver (NIW) category. The NIW is beneficial because one would not need an employer nor family member to petition for you.
As a primer, NIW applicants must have a master’s or higher degree. The landmark immigration case that discusses the standards for NIWs is Matter of New York State Department of Transportation, 22 I&N Dec. 215 (Comm.1998). This case held that the qualifying applicant must show the following elements in his or her I-140 NIW petition: First, it must be shown that the alien seeks employment in an area of substantial intrinsic merit. Next, it must be shown that the proposed benefit will be national in scope. Finally, the petitioner seeking the waiver must establish that the alien will serve the national interest to a substantially greater degree than would an available U. S. worker having the same minimum qualifications.
Our office prepared a 19-page brief for our client’s NIW filing. We asked our client to obtain 10 or more letters of recommendation. Our office also included his publication records, presentation records, and conference materials. We demonstrated the intrinsic merit of our client’s research in the United States, the national scope of his research, and asserted that our client would serve the national interest to a substantially greater degree than would an available U.S. worker having the same minimum qualifications. His NIW application contained 64 exhibits (Exhibit A to LLL). Our office filed his I-140(NIW) petition with the USCIS on April 6, 2012. On September 7, 2012, the USCIS approved his I-140 petition without any Requests for Evidence.
When we filed our client’s I-140 (NIW) application, we concurrently filed an I-485 adjustment of status application for our client and his wife. Everything went smoothly and the receipt notices and fingerprint appointment came on time. While our client was waiting for the adjudication of his I-140, our client received his work permit and travel permit from the USCIS on June 4, 2012.
Eventually, on November 8, 2012, the USCIS Nebraska Service Center approved our client’s adjustment of status application. Our client’s wife also received the I-485 approval as a derivative applicant of this case. They are now both green card holders.
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