CASE: I-485 / National Interest Waiver
CLIENT: Korean
LOCATION: Decatur, GA
Our client contacted us about the possibility of doing a National Interest Waiver self-petition. He is a researcher from South Korea and he is an exceptional scientist in the field of immunology.
Our client’s significant contributions have placed him at the pinnacle of his field. Our client’s research has focused on signaling mechanisms of immune receptors and therapies targeting immune receptors. He also made several important observations regarding radiotherapy for cancer. His current research in CD8 T cell immunity and immunotherapy to virus infections and cancers and its potential clinical application of his research is truly influential to the national interest of the United States. His research publications have substantially influenced the global eradication of diseases and the promotion of health and industrial measures to combat healthcare challenges in the United States. Because of his innovative research, our client’s research publications were highly evaluated by reviewers of various journals and 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 or family member to petition 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.
Our office prepared a 27-page brief for our client’s NIW filing. Our client also obtained 10 letters of recommendation from his colleagues and internationally recognized researchers (including a Nobel Prize winner). 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 substantial contributions to his field of endeavor, that he is well-positioned to advance the proposed endeavor, and that 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 Texas Service Center on November 23, 2021. On August 26, 2022, the USCIS approved his I-140 petition without any Requests for Evidence.
When we filed his I-140, he concurrently filed his I-485 adjustment of status application. All went well and the receipt notices and fingerprint appointment came on time. On June 6, 2023, the USCIS Texas Service Center approved our client’s adjustment of status application. Now he is a green card holder.