CASE: I-140 / National Interest Waiver
CLIENT: Korean
LOCATION: Seoul, South Korea
Our client contacted us regarding a potential National Interest Waiver (NIW) self-petition. An engineer based in South Korea, he is an exceptional wireless systems engineer whose work is of crucial importance to the United States in developing the next generation of wireless communication infrastructure.
The profound impact of his engineering record is objectively validated by a robust portfolio of international and U.S. patents. Transcending abstract theory, his patents serve as actionable blueprints for high-performance, energy-efficient telecommunications hardware. His proprietary breakthroughs in digital predistortion and envelope tracking are directly integrated into mass-market smartphone platforms and critical base-station infrastructure deployed globally by industry leaders. Due to the innovative nature of his work, his research has been highly acclaimed by peer reviewers, colleagues, and leading experts in the field.
Upon reviewing his credentials, our office determined that he clearly met the requirements for the National Interest Waiver category. Qualifying for an NIW provides a significant advantage, as it eliminates the need for an employer or family member to sponsor the permanent residency petition. Instead, the applicant is eligible to self-petition and—unless subject to priority date backlogs for individuals born in China or India—can pursue an immigrant visa or adjustment of status immediately.
As a baseline requirement, NIW applicants must hold an advanced degree (or a bachelor’s degree plus five years of progressive experience). In evaluating NIW petitions, USCIS adheres to the legal standard established in Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016). Under this framework, the petitioner must demonstrate that:
- The foreign national’s proposed endeavor has both substantial merit and national importance;
- The foreign national is well-positioned to advance the proposed endeavor; and
- On balance, waiving the job offer and labor certification requirements would benefit the United States.
Our office prepared a comprehensive 24-page brief for the filing. In support of the petition, our client obtained six strong recommendation letters from colleagues and internationally recognized researchers. We also compiled extensive evidence of his patent portfolio, publications, and conference proceedings. Through this documentation, we demonstrated that our client is among the elite researchers who have made substantial contributions to his field, that he is exceptionally positioned to advance his endeavor, and that waiving the job offer and labor certification requirements serves the national interest of the United States.
Our office filed his I-140 (NIW) petition with USCIS on July 16, 2026, utilizing Premium Processing. On September 17, 2026, USCIS approved the I-140 petition without issuing a Request for Evidence (RFE). He is now eligible to proceed with consular processing for his immigrant visa.