Success Stories: NIW for Researcher Approved in 13 Days

As an immigration attorney, I am thrilled to share an exciting success story. Recently, I had my client’s National Interest Waiver petition approved in just 13 days. This achievement not only underscores my client’s exceptional qualifications but also showcases my commitment and expertise.

In this blog post, I will examine this case in detail. Many clients come to my office to explore eligibility for the National Interest Waiver because it allows them to bypass the usual employment-based green card requirements of a job offer and the lengthy labor certification process. In order to qualify for the National Interest Waiver (NIW), the professionals need to hold an advanced degree and provide evidence that they meet the following three criteria: (i) their endeavor has both substantial merit and national importance, (ii) they are well positioned to advance the endeavor and (iii) on balance, it would be beneficial to the U.S. to waive the job offer and labor certification requirements. That’s where we come in when you contact us!

I determined that my client, with his impressive academic background and significant contributions to the field of geology, was a strong candidate for the NIW. First, we submitted extensive documentary evidence establishing that the impact of my client’s research on the furtherance of human knowledge, especially the evolution of the solar system and prediction of climate change, has both substantial merit and national importance. My client holds a Doctor of Philosophy degree in Geology. He is working on two fully funded federal grants in his role as Assistant Research Professional.  Notably, his work on a NASA grant focuses on examining the impact history of the moon, providing humanity with a more complete picture of the evolution of the solar system, the Earth, and the Moon. Additionally, my client secured a National Science Foundation grant that facilitated the purchase of advanced equipment. This equipment allows him to push the boundaries of microanalytical techniques. We thus established that my client meets the first criterium.

Second, we submitted overwhelming evidence that my client is well-positioned to advance the endeavor. My client has a Ph.D. in geology. His research culminated in many research papers that were published in notable scientific journals. His research has been referenced by many articles utilized by other scientists. He collaborates with various external clients from numerous national and international universities. His two main research projects are focused on the evolution of the surface of Mars. Understanding these surface conditions and environments of Mars is important in humanity’s efforts for the future colonization of Mars. As such, he is well positioned to advance research furthering human knowledge, especially the evolution of the solar system and the prediction of climate change. Based on the above, he meets the second criterium.

Third, my client was hired as the top candidate in the advertised competitive search. Our immigration lawyers submitted support letters confirming that none of the U.S. candidates – many from top U.S. universities – provided the same level of accomplishment and promise as my client. We established with overwhelming evidence that my client offers contributions of such value that, he will serve the national interest to a substantially greater degree than would an available U.S. worker having the same minimum qualifications even if other qualified U.S. workers are available.  Accordingly, it would be beneficial to the United States to waive the job offer and labor certification requirement. The waiver of the job offer is in the national interest.  Accordingly, my client met the third criterium. We have demonstrated that my client’s contributions in the Earth and Space science field are of such unusual significance that they merit the special benefit of an interest waiver.

Please review our other post discussing some of our other National Interest Waiver cases: click here (NIW for Senior Power System Engineer) or here (NIW for Mining Engineer).

Please note that this article does not constitute legal advice.  We simplified the law to provide general information about the National Interest Waiver.  If you would like to discuss if you qualify for the National Interest Waiver or what is the best visa or green card option for you, schedule a consultation with an experienced immigration lawyer in Scottdale, Arizona or call the Juras Law Firm office at 480-425-2009! We look forward to talking with you and helping you obtain the National Interest Waiver and green card!