CASE: I-140 / National Interest Waiver
CLIENT: Korean
LOCATION: Colorado
Our client contacted us in May 2015 about the possibility of doing a National Interest Waiver I-140 self-petition. He is a researcher from South Korea in the field of photophysical sciences; specifically, solar energy conversion sciences.
His significant contributions have placed him at the pinnacle of the field of photophysical research. His research regarding solid-state morphology in electron transfer processes of organic solar energy conversion devices has shown that the combination of two versatile spectroscopic techniques can bring new insights for complex material systems. Moreover, our client has discovered electronically excited triplet states of single-walled carbon nanotubes (SWNTs) which 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 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 18-page brief for our client’s NIW filing. Our client also obtained 6 letters of recommendation from his colleagues and internationally-recognized scientists. 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 35 exhibits (Exhibit A to II).
Our office filed his I-140(NIW) petition to the USCIS Nebraska Service Center on September 11, 2015. Eventually, on June 26, 2016, 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. His adjustment of status application will be approved soon as well.