CASE: I-140 / National Interest Waiver
CLIENT: Chinese
LOCATION: Nanjing, China
Our client contacted us about the possibility of doing a National Interest Waiver self-petition. She is in China, working as as a professor in Statistics. She is an exceptional researcher in the field of Statistics.
Our client’s significant contributions have placed her at the pinnacle of her field. She has been focused on the statistical analysis of the empirical data with temporal or spatial long range (long memory) dependence which is a vital and important part of statistical applications. Moreover, our client’s research were highly evaluated by reviewers of various journals and by colleagues and experts in the field.
Upon review of her qualifications, our office determined that she was definitely qualified for the National Interest Waiver (NIW) category. As a primer, NIW applicants must have a master’s or higher degree. While we prepared her 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 her colleagues and internationally-recognized researchers. Our office also included her publication record, presentation record, 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 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 her I-140(NIW) petition to the USCIS Texas Service Center on January 31, 2022. Eventually, on September 21, 2022, the USCIS approved her I-140 petition without any Requests for Evidence.