CASE: I-485 / National Interest Waiver
CLIENT: Korean
LOCATION: Ann Arbor, MI
Our client contacted us in April 2017 about the possibility of doing a National Interest Waiver self-petition. He is a researcher from South Korea and he is an exceptional researcher and scientist in the field of Material Science and Next-Generation Battery Research.
Our client’s significant contributions have placed him at the pinnacle of his field. He has performed fundamental research and device engineering of next generation battery materials, including inorganic solid-state electrolytes, inorganic-organic hybrid electrolytes with self-healing polymers, and electrode structure design using techniques such as sputtering, electrospinning, and various synthesis chemistries Because of his innovative experimental research, our client’s research works were highly evaluated by the reviewers of various journals and by colleagues and experts in the field.
Upon review of his credentials and qualifications, our office determined that he was definitely qualified for the National Interest Waiver (NIW) category. Being qualified for NIW is beneficial since you would not need an employer nor family member to petition for you for green card purposes. You’d be eligible for a self-petition and unless you are from China or India, in which case you’d still have to wait for priority dates to be current, you would be eligible to apply for adjustment of status (green card) immediately without any lag in priority dates.
As a primer, NIW applicants must have a master’s or higher degree. While we prepared his case, the AAO set the new standards for NIW cases in Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016). Under the new standard, the petitioner must demonstrate that the foreign national’s proposed endeavor has both substantial merit and national importance. Next, it must be shown that he or she is well positioned to advance the proposed endeavor. Finally, the petitioner seeking the waiver needs to demonstrate that, on balance, it would be beneficial to the United States to waive the job offer and labor certification requirements. Id.
Our office prepared a 21-page brief for our client’s NIW filing. Our client also obtained 6 letters of recommendation from his colleagues and internationally-recognized researchers. Our office also included his publication records, presentation records, and conference materials in the NIW application. We demonstrated that our client is one of the few elite researchers who have made significant and substantial contributions to his field of endeavor, that he is well positioned to advance the proposed endeavor, and it would be beneficial to the United States to waive the requirements of a job offer and thus of a labor certification for our client. His NIW application contained 23 exhibits (Exhibit A to W).
Our office filed his I-140(NIW) petition to the USCIS Nebraska Service Center on March 19, 2018. Eventually, on August 17, 2018, the USCIS approved his I-140 petition without any Requests for Evidence.
When we filed his I-140, he concurrently filed his I-485 adjustment of status application. Everything went smoothly and the receipt notices and fingerprint appointment came on time.
Prior to the interview, we thoroughly prepared our client via conference calls. On January 8, 2019, our client was interviewed at Detroit, Michigan USCIS office. The interview went well, and on the same day of the interview, his green card application was approved.