CASE: I-485 Based on Approved I-140 / National Interest Waiver
CLIENT: Korean Radio Frequency Researcher
LOCATION: Dallas, Texas
Our client contacted us in July 2014 about the possibility of doing a National Interest Waiver. He is a research professor in the field of electrical engineering and radio frequency research, and is currently working as a research professor in Dallas, Texas.
His significant contributions have placed him at the pinnacle of the field of radio frequency research. He is a leading researcher and engineer in the field; specifically, Radio Frequency Integrated Circuit (RFIC) design and microwave research. Our client’s research on RFIC has led to important innovations in his field of endeavor. Throughout his career, our client has provided innovative solutions and contributions for various areas of the microwave engineering from semiconductor device modeling and measurements to complex system-on-a-chip design which 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 19-page brief for our client’s NIW filing. Our client also obtained 6 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 46 exhibits (Exhibit A to TT).
Our office filed his I-140(NIW) petition to the USCIS Texas Service Center on May 6, 2015. On November 30, 2015, the USCIS approved his I-140 petition without any Requests for Evidence.
Once the I-140 petition was approved, our client retained our office again for his I-485 adjustment of status application. Our office filed an I-485 adjustment of status application for our client on December 8, 2015. Everything went smoothly and the receipt notices and fingerprint appointment came on time.
Eventually, on March 3, 2016, the USCIS Texas Service Center approved our client’s adjustment of status application. Now, he finally is a green card holder.