CASE: I-140 / National Interest Waiver
CLIENT: Honduran
LOCATION: Washington, D.C.
Our client contacted us in 2014 about the possibility of doing a National Interest Waiver. He is a researcher in the field of agriculture and geography research, and is currently working as a Research Analyst / Geospatial Analyst at one of the International NGOs in Washington, D.C.
His significant contributions have placed him at the pinnacle of the field of agriculture and geography research; specifically, advancement in finding policy solutions for food and nutrition security in developing areas domestically and developing countries through the application of geographical analysis tools and approaches. Throughout his research career, our client has provided innovative solutions for determining measurable geographical features that relates to different levels of West Nile virus transmission and vector abundance. Although our client does not have a Ph. D. degree (He has Master’s Degree), our client’s work has been highly evaluated by the reviewers of various journals and by colleagues and experts in his field of endeavor.
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 22-page brief for our client’s NIW filing. Our client also obtained 9 letters of recommendation from his colleagues and internationally-recognized researchers in his field. Our office also included his publication records, presentation records, 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 36 exhibits (Exhibit A to JJ).
Our office filed his I-140(NIW) petition to the USCIS Texas Service Center on June 16, 2014. On May 6, 2015, the USCIS approved his I-140 petition without any Requests for Evidence. Now, with the approved NIW I-140 petition, he can file his adjustment of status application at any time.