CASE: I-140 / National Interest Waiver
Our client contacted us in November 2014 about the possibility of doing a National Interest Waiver. He is a researcher from Jordan and he is an exceptional researcher and scientist in the field of Pharmaceutical Sciences; specifically, his research focuses on discovery, design, and development of small molecules therapy or technology to treat various cardiovascular diseases and conditions. He obtained his J-1 hardship waiver through our office as well in 2014 and contacted our office again for his NIW.
His significant contributions have placed him at the pinnacle of the field of pharmaceutical science. He contributed to the drug discovery, design, and developmental aspects of glycosaminoglycans and their structural mimetics to treat various diseases including, but not limited to, thrombosis, inflammation, cancer, and several infectious diseases. His research were highly evaluated by 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 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. 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 34-page brief for our client’s NIW filing. Our client also obtained 10 letters of recommendation from his colleagues and internationally-recognized scientists. Our office also included his publication record, presentation record, 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 116 exhibits (Exhibit A to LLLLL).
Our office filed his I-140(NIW) petition to the USCIS Texas Service Center on December 26, 2014. However, on May 29, 2016, the USCIS issued Requests for Evidence and requested our client to submit an updated ETA-9089 form. On May 31, 2016, our office filed the Response to RFE. Eventually, on July 12, 2016, his I-140 was approved by the USCIS. When we filed his I-140, he concurrently filed his I-485 adjustment of status application. His adjustment of status application will be approved soon as well.