CASE: I-140 / National Interest Waiver / Response to RFE
CLIENT: Korean
LOCATION: Gainesville, FL
Our client contacted us in October 2014 to get legal assistance for an NIW Response to Request for Evidence (RFE) he obtained after he filed the NIW Self-Petition himself. He is a post-doctorate researcher and scientist in the field of ferroelectric material and biomedical research, and is currently working as a post-doctorate researcher in an academic institution in Gainesville, FL. In May 2014, our client filed an I-140 NIW self-petition to the USCIS by himself. However, in September 2014, the USCIS issued a Request for Evidence and requested our client to demonstrate the following:
· The petitioner (our client) must establish that he has a past record of specific prior achievement with some degree of influence on the field as a whole;
· The petitioner must establish, in some capacity, the beneficiary’s ability to serve the national interest to a substantially greater extent than the majority of others in the field;
· The petitioner must establish that the beneficiary’s skills or background are unique and innovative and serve the national interest; and
· The petitioner must persuasively demonstrate that the national interest would be adversely affected if a labor certification were required.
During consultation stage, our office reviewed our client’s credentials and qualifications. Moreover, our office reviewed the copy of his initial I-140 NIW filing which was done by our client himself. After review, we determined that our client was clearly qualified for the National Interest Waiver (NIW) category because he has over 900 citations and his significant contributions have placed him at the pinnacle of his field. Throughout his research career, our client has successfully developed a series of dielectric materials and structures for Radio Frequency (RF) tunable and dynamic random access memory applications such as: A and B site doped barium strontium titanate, Lead strontium titanate and hetero-layered lead strontium titanate, etc. These dielectric materials and hetero-layered thin films would benefit the United States in many aspects of our economy, national defense, and environment. Our client’s research work were highly evaluated by reviewers of various journals and by colleagues and experts in the field.
Our client received an RFE because he did not demonstrate his “exceptional ability” and outstanding past accomplishments by using the standards for NIW. 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 client retained us on October 24, 2014. He received seven (7) more letters of recommendation from his colleagues and internationally-recognized scientists for his Response to RFE. Our office prepared a 28-page brief for our client’s Response to RFE. Our office also included his publication records, presentation records, and conference materials in the NIW application. In the response brief, 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.
Our office filed his Response to RFE to the USCIS Texas Service Center on December 10, 2014 with substantial amount of supporting documents. On April 6, 2015, the USCIS approved his I-140 petition. When he filed his I-140 petition, he simultaneously filed his adjustment of status application (I-485). Since his I-140 petition was approved, his adjustment of status application will likely be approved soon.