CASE: I-140 / National Interest Waiver
CLIENT: Chinese Born, Canadian Citizen
LOCATION: Hershey, PA
Our client contacted us about the possibility of doing a National Interest Waiver self-petition. She is a post-doctorate researcher born in China (but a Canadian Citizen) and she is an exceptional researcher and scientist in the field of biomedical research.
Our client’s significant contributions have placed her at the pinnacle of her field. She has been focused on understanding neuronal development and neurodegenerative disease in various regions of the central nervous system. She has done this through optimizing cutting edge methodologies in molecular and stem cell biology and, through her unique training as a physician scientist, integrated these findings by translating them to laboratory models of various central nervous system diseases. Moreover, her 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.
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 20-page brief for our client’s NIW filing. Our client also obtained 10 letters of recommendation from her colleagues and internationally-recognized researchers. Our office also included her 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 her field of endeavor, that she 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 her I-140(NIW) petition to the USCIS Texas Service Center on July 18, 2019. Eventually, on April 30, 2020, the USCIS approved her I-140 petition without any Requests for Evidence. She can file her adjustment of status application once her priority date becomes current.