Success Stories Architect’s NIW Approved in 13 Days

The National Interest Waiver (NIW) offers qualified individuals the opportunity to petition for a green card without the need for a job offer from an employer. In this case study, we explore the petition of our immigration law firm‘s client, a highly accomplished professional in the field of sustainable architecture.

Upon reviewing his resume, it became evident that he was an ideal candidate for the NIW. Holding a Ph.D. in arid lands resource sciences, a master’s degree in architecture, and a bachelor’s degree in architectural engineering, his academic background showcased specialized knowledge in sustainable architecture, energy conservation, and design principles. Holding an advanced degree is a requirement for obtaining an NIW.


Now, let’s examine the three prongs that must be met for USCIS to waive the normal job offer and labor certification requirements for a green card.  First, his proposed endeavor must have substantial merit and national importance. Our client’s endeavor as Senior Lecturer and Faculty Advisor in the Master of Science in Architecture Graduate Program fits the criterion perfectly.  It plays a  role in the urgent fight against climate change by shaping future professionals to lead the charge in reducing architecture’s impact on the environment.  Furthermore, his proactive approach to conducting research and disseminating knowledge beyond his university promotes sustainable practices in the field of architecture.  The university’s trust in his expertise is evident, as he was entrusted with assisting in establishing a state-of-the-art carbon-zero energy environmental research laboratory and revising the environmental and technology curriculum – both critical steps in advancing the fight against climate change.

Our client’s second endeavor as Senior Project Manager in a reputable architecture firm, with a strong focus on sustainable design, is also of substantial merit and national significance.  It has the potential to make considerable strides in reducing the carbon footprint of U.S. communities.  As a leader and advisor to a team of professionals involved in sustainable architectural projects, he plays a crucial role in ensuring adherence to sustainable practices. These projects have the potential to positively impact education and medical access for numerous communities across the United States.   His leadership and guidance in this endeavor are of paramount importance to achieving sustainable outcomes that will benefit communities for years to come.

Both of our client’s endeavors are vital to the fight against climate change, an Immediate Priority Announced by the Current United States Administration. His academic and advisory responsibilities play a crucial role in meeting the demands of science and promoting sustainable practices in the field of architecture. Supported by overwhelming evidence and numerous references from experts in the field, his work holds significant merit and national importance, which certainly helps him qualify for a National Interest Waiver.

Second, we need to demonstrate that he is well-positioned to advance his endeavors. Our client’s advanced degrees in sustainable architecture, along with over ten years of experience in the field, recognition for achievements by distinguished individuals and organizations, and relevant professional memberships and publications, all demonstrate that is well-positioned to advance his endeavors. He has spent the last decade focused on sustainable, energy-efficient design, contributing to projects like Leadership in Energy and Environmental Design (LEED), High Performance Sustainable Building (HPSB) and net-zero buildings design. Moreover, he has a track record of conducting architectural design analysis and implementation through computer simulation for existing and new buildings, actively engaging in research, mentorship, interdisciplinary collaborations, current debates, and staying informed about current developments. He also contributes to the industry through conference papers and published peer-reviewed works while serving as an experienced reviewer of scholarly work and research proposals.

Last, we must show that, on balance, it would be beneficial to the United States to waive the requirements of a job offer and labor certification. Our client’s exceptional achievements in sustainable architecture have resulted in significant benefits to major industries in the U.S. and beyond. His contributions extend beyond his roles as Senior Lecturer, Faculty Advisor, and Senior Project Manager. He also dedicates himself to teaching and mentoring future leaders, conducting research, publishing, presenting, and serving as a leader in leading professional associations. Denying him a National Interest Waiver and permanent residence solely because another individual may be “minimally qualified” for his specific job would be unjustifiable.

His exceptional knowledge and skills in technology and business, particularly in design and energy conservation, have led to remarkable and documented advancements in sustainable architecture, as recognized by top academic experts and published throughout the industry. Such a level of achievement and a unique combination of skills and knowledge cannot be easily articulated in a labor certification application, where employers must state only the minimum requirements and search for a minimally qualified worker, rather than someone who has the proven ability to substantially advance an entire field forward. Based on the overwhelming evidence documenting the above, our client met the requirements for a National Interest Waiver, and his petition was approved in just 13 days.

Please note that this article does not constitute legal advice. We have simplified the law to provide general information about one National Interest Waiver case.  If you would like to determine if you qualify for the National Interest Waiver or explore the best visa or green card options for you, schedule a consultation today with an experienced immigration lawyer or contact us at the Juras Law Firm office at 480-425-2009! We look forward to talking with you and assisting you in obtaining the National Interest Waiver and green card!


What does the US Supreme Court latest decision mean for DACA recipients

On June 18, 2020, the U.S. Supreme Court ruled that Department of Homeland Security’s (DHS) decision to rescind the Deferred Action for Childhood Arrivals (DACA) program was arbitrary and capricious under the Administrative Procedures Act because the DHS failed to consider important aspects of the problem – whether to continue only the deferred action part of the DACA program. DHS failed to provide a reasoned explanation for its action and also failed to address the considerable reliance interests created by the DACA program, such as the impact on Dreamers and their families, if the agency terminated DACA.
The parties agreed that DHS may rescind DACA. The Court remanded the case for further consideration.

Under the US Supreme Court decision, USCIS must continue to process the following types of DACA requests:

  • Current DACA recipients can file a renewal DACA request.
  • Recipients whose previous DACA expired one year ago or less may still file a renewal DACA request.
  • DACA Recipients whose previous DACA expired more than one year ago cannot file a renewal DACA request but may file an initial DACA request.
  • DACA recipients whose previous DACA was terminated at any point cannot request DACA as a renewal but may file an initial DACA request.

In order to comply with the Court’s order, USCIS will have to publish guidance on processing the applications of applicants who have not previously been granted DACA and advance parole requests that were suspended under prior court orders.

Please note that this article does not constitute a legal advice.  We simplified the law in order to outline the latest DACA developments.  If you would like to discuss if you may qualify for DACA or the best strategy after the US Supreme Court decision, call our experienced immigration attorney at 480-425-2009 or contact an experienced immigration attorney via our website to schedule a consultation. We look forward to discussing how we can help you with DACA application.


Presidential Proclamation Suspending Entry of Certain Non-Immigrants

On June 22, 2020, President Trump signed a proclamation suspending and limiting the U.S. entry of foreign nationals on H-1B, H-2B, J (as intern, trainee, teacher, camp counselor, au pair, or summer work travel program) and L visas and any individuals accompanying or following to join them.

The proclamation applies to those who are outside the U.S. on June 24, 2020 and do not have such non-immigrant visa or official travel document that is valid on that day.

The suspension and limitation on entry does not apply to lawful permanent residents, spouses and children of the U.S. citizens, essential workers, individuals whose entry would be in the national interest.

The proclamation shall expire on December 31, 2020, and may be continued.

Please note that this article does not constitute a legal advice.  We simplified the law in order to outline the Proclamation.  If you would like to discuss how does this Proclamation affect you, call our experienced Immigration Attorney at 480-425-2009 or contact an experienced Immigration Attorney via our website to schedule a consultation. We look forward to talking with you and helping you analyze the effect of the Proclamation and your alternatives.


Irena Juras Gets Dreamer her Green Card

A woman that has been brought to the United States from Mexico when she was 3 years old (let’s call her the “Dreamer”) came to my office with her husband who is a U.S. citizen. They had been married for 2.5 years and have three children born in the United States. We discussed the Dreamer’s options and the Dreamer has decided to request the Consideration of Deferred Action for Childhood Arrivals (“DACA”). She had a high school diploma and met the residency and other requirements for DACA approval. DACA was approved and she received her work authorization. Then, we filed a petition with the Dreamer’s husband as the petitioner. The petition was accompanied by supporting documents sufficient to rebut the presumption of marriage fraud. The petition was approved. Meanwhile, the Dreamer’s mother in Mexico was seriously ill and we applied for advance parole to allow the Dreamer to travel to Mexico to visit her mother. The advance parole was approved and the Dreamer traveled to Mexico, visited and helped her mother and entered the United States legally. Once the Dreamer entered the U.S. legally and met all other requirements for legal permanent residency, we filed her green card application. The application processing time in Phoenix is now more than one year. Finally, we attended an interview with the Dreamer and her husband, the application was approved and her green card has arrived. It was nice to see the happiness in her eyes to finally feel relieved that at age of 31 after living in the United States for 28 years illegally in fear, she does not have to worry that she will be deported and taken from her family. She is very appreciative for my help in guiding her through this process!
If you are facing similar circumstances or know someone else facing similar circumstances, call the immigration attorney Irena Juras at 480-425-2009 or reach us via email to schedule a consultation to discuss how we can help you!