CASE: I-140 / National Interest Waiver

CLIENT: Korean

LOCATION: Oxford, OH

Our client contacted us about the possibility of doing a National Interest Waiver self-petition. She is from South Korea who works at a university in Ohio as an assistant professor. She is an exceptional researcher in the field of social work and cancer survivorship research. 

Our client’s significant contributions have placed her at the pinnacle of her field. She is conducting research on areas of vital interest to public health and well-being in the United States. Her research investigates racial and ethnic disparities in influenza vaccination and cancer screening behavior; care for cancer survivors in racial and ethnic minority groups; and effects of culture on disparities in chronic disease prevention and management. Moreover, our client’s research work were highly evaluated by reviewers of various journals and by colleagues and experts in the field.

Upon review of her credentials and qualifications, our office determined that she 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. 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. 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 23-page brief for our client’s NIW filing. Our client also obtained 8 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 Nebraska Service Center on January 29, 2020. Eventually, on October 19, 2020, the USCIS approved her I-140 petition without any Requests for Evidence. 

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CASE: I-485 Adjustment of Status  / National Interest Waiver

CLIENT: Korean

LOCATION: Port Jefferson, NY

Our client contacted us in November 2018 about the possibility of doing a National Interest Waiver self-petition. He is a Ph.D. student from South Korea and he has a Master’s Degree in Chemistry. Though he is a Ph.D. student, he is already considered as an exceptional researcher and scientist in the field of synthetic organic chemistry and pharmaceutical research. 

Our client’s significant contributions have placed him at the pinnacle of his field. He has made important contributions in synthesizing chalcone-based small molecules and its biological data.  His research work is very important to the field of Parkinson’s disease therapy. Moreover, our client synthesized more than 100 small molecules targeting Receptor Interacting Protein Kinase (RIPK) enzymes for the treatment of dry Age-related Macular Degeneration (dry AMD).  Because of his innovative experimental research, our client’s 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. 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. 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 22-page brief for our client’s NIW filing. Our client also obtained 7 letters of recommendation from his colleagues and internationally-recognized researchers. Our office also included his publication record, presentations, 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 his field of endeavor, that he is well positioned to advance the proposed endeavor, and that  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 Nebraska Service Center on March 20, 2019. Eventually, on September 6, 2019, the USCIS approved his I-140 petition without any Requests for Evidence.  

Once his I-140 petition was approved, he retained our office again and to file an adjustment of status application for him, his wife and daughter. On October 7, 2019, our office filed an I-485 adjustment of status application for our client and his family members. Everything went smoothly and the receipt notices and fingerprint appointment came on time.

Prior to the interview, we thoroughly prepared our client via conference calls as well. On August 20, 2020, our client was interviewed at the Holtsville New York USCIS office. The interview went well, our client and his family members’ adjustment of status applications were approved by the USCIS on the same day of the interview. 

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CASE: I-485 / National Interest Waiver

CLIENT: Korean

LOCATION: San Francisco, CA

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 Biomedical Engineering. 

Our client’s significant contributions have placed him at the pinnacle of his field. His field of research primarily concerns biomedical materials design and development, and its in-depth characteristics. He has been working lately on other subjects including bio-inspired materials design (so-called bio-mimetics).  Throughout his career, our client has made important contributions to the field of biomedical engineering and his research involves the study of structural biological materials (bone) and the development of bioinspired designs based on these structures (biodegradable metal / ceramic composite scaffold, 3D printing), which so far has resulted in scaffolds and composites that have diverse applications from bone implants to light weight aerospace structures. Because of his innovative research, our client’s publications 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. 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 21-page brief for our client’s NIW filing. Our client also obtained 6 letters of recommendation from his colleagues and internationally-recognized researchers. 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 significant and substantial contributions to his field of endeavor, that he 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 his I-140(NIW) petition to the USCIS Nebraska Service Center on February 7, 2019. On November 26, 2019, the USCIS Nebraska Service Center issued a Request for Evidence (RFE) for our client and surprisingly argued that our client has not met all of three prongs of Dhanasar. Our client and our office prepared an extensive RFE response and filed it on February 18, 2020. 

Eventually, on March 25, 2020, the USCIS approved his I-140 petition. When we filed his I-140, he concurrently filed his I-485 adjustment of status application as well. On August 11, 2020, the USCIS approved our client’s I-485 adjustment of status application without an interview.

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CASE: I-485 / National Interest Waiver

CLIENT: Filipino

LOCATION: Boise, ID

Our client contacted us in March 2019 about the possibility of doing a National Interest Waiver self-petition. He is a researcher from the Philippines and he has a Ph.D. Degree in Atmospheric Science. He is already considered an exceptional researcher and scientist in the field of atmospheric science. 

Our client’s significant contributions have placed him at the pinnacle of his field. Our client’s research centers on ozone, a key air pollutant that is produced from precursor emissions and has an adverse impact on human health and ecosystems. Because of his innovative research, our client’s work were highly evaluated by reviewers of various journals, 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 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 8 letters of recommendation from his colleagues and internationally-recognized researchers. Our office also included his 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 his field of endeavor, that he 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.

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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.

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CASE: I-140 / National Interest Waiver

CLIENT: Korean

LOCATION: San Francisco, CA

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 researcher and scientist in the field of Biomedical Engineering research. 

Our client’s significant contributions have placed him at the pinnacle of his field. His field of research primarily concerns biomedical materials design and development, and its in-depth characterizations. Moreover, he has been working lately on other subject including bio-inspired materials design (so-called bio-mimetics).  Throughout his research career, our client has made important contributions to the field of biomedical engineering and his research involves the study of structural biological materials (bone) and the development of bioinspired designs based on these structures (biodegradable metal / ceramic composite scaffold, 3D printing), which so far has resulted in scaffolds and composites that have diverse applications from bone implants to light weight aerospace structures. Because of his innovative research, our client’s research works were highly evaluated by the 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. 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. 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 21-page brief for our client’s NIW filing. Our client also obtained 6 letters of recommendation from his colleagues and internationally-recognized researchers. 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 significant and substantial contributions to his field of endeavor, that he 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 his I-140(NIW) petition to the USCIS Nebraska Service Center on February 7, 2019. However, on November 26, 2019, the USCIS Nebraska Service Center issued Request for Evidence (RFE) for our client and surprisingly argued that our client has not met all of three prongs of Dhanasar. Our client and our office prepared extensive RFE response and filed Response to RFE to the USCIS on February 18, 2020. 

Eventually, on March 25, 2020, the USCIS approved his I-140 petition. 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.

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CASE: I-485 / I-140 / National Interest Waiver

CLIENT: Korean

LOCATION: Akron, OH

Our client contacted us in December 2017 about the possibility of doing a National Interest Waiver self-petition. He is a Ph.D. student from South Korea and has a Master’s Degree in Engineering. Though he is a Ph.D. student, he is already considered as an exceptional researcher and scientist in the field of polymer engineering and nanofabrication research. 

Our client’s significant contributions have placed him at the pinnacle of his field. He has made important contributions to the field of nanofabrication based on layer-by-layer (LbL) assembly using two-dimensional (2D) materials. LbL assembly technique can create ultrathin films and highly tunable surfaces using diverse combinations of nanomaterials on various supports. Our client has incorporated 2D materials (e. g. graphene and molybdenum disulfide) into thin films using LbL assembly technique to produce materials with designed functionality. Because of his innovative experimental research, our client’s research works were highly evaluated by the 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. 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. 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 22-page brief for our client’s NIW filing. Our client also obtained 7 letters of recommendation from his colleagues and internationally-recognized researchers. 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 significant and substantial contributions to his field of endeavor, that he 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. His NIW application contained 26 exhibits (Exhibit A to Z).

Our office filed his I-140(NIW) petition to the USCIS Nebraska Service Center on July 30, 2018. Eventually, on February 14, 2019, the USCIS approved his I-140 petition without any Requests for Evidence.  

Once his I-140 petition was approved, he retained our office again and determined to file an adjustment of status application for him and his wife. On July 3, 2019, our office filed an I-485 adjustment of status application for our client and his wife. Everything went smoothly and the receipt notices and fingerprint appointment came on time.

Prior to the interview, we thoroughly prepared our client via conference calls as well. On February 20, 2020, our client was interviewed at Pittsburgh Pennsylvania USCIS office. The interview went well, our client and his wife’s adjustment of status applications were approved by the USCIS on the same day of the interview.

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CASE: I-485 / National Interest Waiver

CLIENT: Korean

LOCATION: Columbus, OH

Our client contacted us about the possibility of doing a National Interest Waiver self-petition. She is a post-doctorate researcher from South Korea and she is an exceptional researcher and scientist in the field of cancer biology and biomedical research. 

Our client’s significant contributions have placed her at the pinnacle of her field. She has developed several animal models for breast cancer and pancreatic cancer focusing on the Brca1/2 and Palb2 genes. Individuals carrying mutations in these genes are highly predisposed to breast and pancreatic cancer. Specifically, by using her mouse models, she studied Palb2 pancreatic tumor pathology, characterizing differences and similarities of such cancers caused by Brca1/2 or Palb2 mutations and determined therapeutic effects of different chemotherapy drugs on these model mouse tumors. Our client’s experimental results provided important clues concerning treatment for human cancers initiated due to Brca1/2 or Palb2 mutations. 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. 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. 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 21-page brief for our client’s NIW filing. Our client also obtained 7 letters of recommendation from his 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 Nebraska Service Center on September 25, 2018. Eventually, on April 16, 2019, the USCIS approved her I-140 petition without any Requests for Evidence.  

Once her I-140 petition was approved, she retained our office again and determined to file an adjustment of status application for her and her husband. On May 16, 2019, our office filed an I-485 adjustment of status application for our client and his family. Everything went smoothly and the receipt notices and fingerprint appointment came on time.

Prior to the interview, we thoroughly prepared our client via conference calls as well. On December 2, 2019, our client was interviewed at Columbus Ohio USCIS office. Eventually, on February 6, 2020, our client and her husband’s adjustment of status applications were approved by the USCIS. 

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CASE: I-140 / National Interest Waiver

CLIENT: Korean

LOCATION: Seoul, South Korea

Our client contacted us about the possibility of doing a National Interest Waiver self-petition. He is a researcher in South Korea and he is an exceptional researcher and scientist in the field of Radio Frequency (RF) / microwave engineering and mobile and wireless communication networks research. 

Our client’s significant contributions have placed him at the pinnacle of his field. Throughout his research career, our client has demonstrated his exceptional research ability as a researcher and has contributed significantly to the general progress of the efforts in the secured and special purposed network analysis and applications. Specifically, our client’s outstanding research work has strong values for multiple application spaces including the Fifth-Generation (5G) based smart city communication applications, smart factor infrastructure design and implementation, and military data communication application. Because of his innovative research, our client’s research works were highly evaluated by the 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. 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. 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 21-page brief for our client’s NIW filing. Our client also obtained 6 letters of recommendation from his colleagues and internationally-recognized researchers. 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 significant and substantial contributions to his field of endeavor, that he 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 his I-140(NIW) petition to the USCIS Nebraska Service Center on April 15, 2019. Eventually, on December 19, 2019, the USCIS approved his I-140 petition without any Requests for Evidence.  He can file his immigrant visa via consular processing.

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CASE: I-485 / National Interest Waiver

CLIENT: Canadian

LOCATION: Spokane, WA

Our client contacted us about the possibility of doing a National Interest Waiver self-petition. He is a lead mining engineer from South Korea (Citizen of Canada) and currently works for a federal agency under his TN status. He is an exceptional researcher and scientist in the field of mining engineering and rock mechanics research. 

Our client’s significant contributions have placed him at the pinnacle of his field. He is an extraordinary researcher and scientist in the field of Mining Engineering and Rock Engineering Research with over 22 years of practical research experience with emphasis on the development of safe and economical excavations in underground mines – from which to extract minerals. Specifically, our client’s work has the purpose of determining hazard recognition and engineering solutions for the ground control problems that cause injuries and fatalities in the mining industry. Moreover, his 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. 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. 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 24-page brief for our client’s NIW filing. Our client also obtained 6 letters of recommendation from his colleagues and internationally-recognized researchers. 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 significant and substantial contributions to his field of endeavor, that he 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 his I-140(NIW) petition to the USCIS Nebraska Service Center on October 10, 2018. Eventually, on April 22, 2019, the USCIS approved his I-140 petition without any Requests for Evidence.  

Once his I-140 petition was approved, he retained our office again and determined to file an adjustment of status application for him and his immediate family members. On June 19, 2019, our office filed an I-485 adjustment of status application for our client and his family. Everything went smoothly and the receipt notices and fingerprint appointment came on time.

Prior to the interview, we thoroughly prepared our client via conference calls as well. On December 4, 2019, our client was interviewed at Spokane Washington USCIS office. The interview went well, our client and his family members’ adjustment of status applications were approved by the USCIS on the same day of the interview. 

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