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I485 Approval with Approved I140 National Interest Waiver for Korean Chemist in Raleigh North Carolina

by JP Sarmiento on February 13, 2013

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CASE: I-485 (National Interest Waiver Category)
CLIENT: Korean
LOCATION: Raleigh, North Carolina

Our client contacted us in February 2012 about the possibility of doing a National Interest Waiver. He is a post-doctorate researcher and scientist in the field of Chemistry, and is currently working as a post-doctorate researcher in an academic institution in Raleigh, North Carolina.

His contributions have placed him at the “pinnacle of the field” of inorganic materials and solid-state chemistry. He is a leading scientist with an excellent reputation in the development of successful synthesis of several new layered perovskite structures, which he then characterized by several in-depth structural methods.

Our client was on a J-1 visa, but he got his 212(e) waiver before he applied for the National Interest Waiver I-140 and I-485 applications.

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 17-page brief for our client’s NIW filing. Our client also obtained 7 letters of recommendation from his colleagues and internationally-recognized scientists. Our office also included his publication records, presentation records, and conference materials in the NIW application. 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 35 exhibits (Exhibit A to NN).

Our office filed his I-140(NIW) petition to the USCIS Texas Service Center on October 1, 2012. On November 30, 2012, the USCIS approved his I-140 petition without any Requests for Evidence.

While his I-140 was pending, we filed an I-485 adjustment of status application for our client and his wife on November 20, 2012. Everything went smoothly and the receipt notices and fingerprint appointment came on time.  Our client received his work permit and travel permit from the USCIS on December 26, 2012.

Eventually, on February 8, 2013, the USCIS Texas 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. Now, our client finally is a green card holder.

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