CASE: I-485 / National Interest Waiver
CLIENT: Canadian
LOCATION: Spokane, WA
Our client contacted us about the possibility of doing a National Interest Waiver self-petition. He is a lead mining engineer from South Korea (Citizen of Canada) and currently works for a federal agency under his TN status. He is an exceptional researcher and scientist in the field of mining engineering and rock mechanics research.
Our client’s significant contributions have placed him at the pinnacle of his field. He is an extraordinary researcher and scientist in the field of Mining Engineering and Rock Engineering Research with over 22 years of practical research experience with emphasis on the development of safe and economical excavations in underground mines – from which to extract minerals. Specifically, our client’s work has the purpose of determining hazard recognition and engineering solutions for the ground control problems that cause injuries and fatalities in the mining industry. Moreover, his research works 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 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 24-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.
Our office filed his I-140(NIW) petition to the USCIS Nebraska Service Center on October 10, 2018. Eventually, on April 22, 2019, the USCIS approved his I-140 petition without any Requests for Evidence.
Once his I-140 petition was approved, he retained our office again and determined to file an adjustment of status application for him and his immediate family members. On June 19, 2019, our office filed an I-485 adjustment of status application for our client and his family. 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 as well. On December 4, 2019, our client was interviewed at Spokane Washington USCIS office. The interview went well, our client and his family members’ adjustment of status applications were approved by the USCIS on the same day of the interview.