CASE: I-485 (National Interest Waiver)
LOCATION: Columbus, OH
Our client contacted us about the possibility of doing a National Interest Waiver about a year ago. He is a post-doctorate researcher and scientist in the field of Bionanotechnology and polymer science, and is currently working as a post-doctorate researcher in an academic institution in Columbus, Ohio.
His significant contributions have placed him at the pinnacle of the field of bionanotechnology, biomedical engineering, polymer processing, thermo-fluid science, numerical simulation, and micro/nano technology. He is a leading scientist with an excellent reputation in the development of cell electroporation in micro/nanofluidic systems. He used the nanochannel to carry out electroporation. Our client also does research on DNA stretching dynamics in a modified molecular combining process.
Upon review of his credentials and qualifications, our office determined that he may be 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 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 23-page brief for our client’s NIW filing. Our client also obtained 9 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 36 exhibits (Exhibit A to OO).
Our office filed his I-140(NIW) petition to the USCIS Nebraska Service Center on March 10, 2014 along with his adjustment of status (I-485) application since EB-2 priority dates for Taiwanese nationals were current. On July 17, 2014, 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 I-485 adjustment of status applications 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 and travel permit from the USCIS.
Eventually, on August 20, 2014, the USCIS Nebraska Service Center approved our client and his wife’s adjustment of status application. Our client and his wife are now green card holders.