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!

NIW for Geologist

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!




Does a position shared by several employees count as one full-time job for EB-5 job creation?

In order to get an EB-5 green card through investment, the investor has to create at least 10 full-time jobs. A client wanted to invest in a restaurant where several employees would share some positions. Does that qualify?

To be considered a full-time job, it requires 35 hours a week. Where two or more employees share a full-time position it counts as one-full time job if they combine at least 35 hours per week. To demonstrate a full-time position is shared by more than one employees, the investor may should a written job-sharing agreement, we weekly schedule or evidence of the sharing of the responsibilities or benefits of a permanent full time position. However, two part-time jobs do not count.

Please note that this article does not constitute a legal advice.  We simplified the law to outline only one aspect of the EB-5 green card process. If you would like to obtain an investment (EB-5) green card, call our experienced EB-5 green card attorney at 480-425-2009 or schedule your consultation online.


New areas (TEA) allowing lower EB-5 investments

On November 21, 2019, new EB-5 regulations became effective. They brought some changes to the EB-5 program.

One of the likely consequence of the new EB-5 regulations is that the Targeted Employment Area (TEA) designation (enabling a lower investment threshold) will be harder to get and urban TEAs will be driven to lesser-developed locations.

In order to be designated as a TEA, the EB-5 project must be located in either a rural area or in a location that has high unemployment. 

Prior to the effective date of new EB-5 regulations, the TEA designation was made at state level and most states had very liberal TEA’s designation policies, even in economically robust urban zones. Consequently, more than 95% of EB-5 investments were made in TEA-located projects. Under the new EB-5 regulations, USCIS is no longer deferring
to TEA designations made by state and local governments and is
directly reviewing and determining the designation of high-unemployment TEAs.

Under the previous regulations, it was quite common to aggregate census tracts to create Regional Center EB-5 offerings even in some of the nation’s most high-priced neighborhoods. Census tract combination for high-unemployment TEAs is now much more restrictive: census tract aggregation is limited to the project tract(s) plus some or all of the tracts that are “directly adjacent” to the project tract. Utilizing census block groups (a census tract is made up of several block groups) is no longer allowed. 

Some EB-5 industry experts (analysts and economists) estimate that approximately two thirds of the projects that had qualified before will not qualify for TEA status under the revised standard.

Please note that this articles does not constitute a legal advice.  We outlined only one aspect of new EB-5 regulations and its consequences.  If you would like to get a green card through an investment (EB-5), call an experienced EB-5 immigration attorney at 480-425-2009 or schedule your consultation online.


PERM notice during COVID-19 pandemic

An employer sponsoring a foreign worker for a green card (legal permanent resident status) needs to post the Notice of Filing for 10 consecutive business days at the worksite. During the unprecedented COVID-19 pandemic questions arose how to satisfy the notice requirement when many offices are closed and employees work from their homes. On July 23, 2020 the Department of Labor’s Office of Foreign Labor Certification confirmed that the PERM Notice of Filing requirement is flexible and employers could even satisfy it by posting it on the exterior door of its building, office, or front entry even if the work place is 100% closed and employees are 100% remote, so long as the business is operational (i.e., conducting business). 

For more information about sponsoring a foreign worker for a permanent position and PERM labor certification, click here. If you would like to discuss if you can sponsor a foreign worker for a green card, call an experienced immigration attorney at 480-425-2009 or schedule your consultation online.


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!


Marriage Green Card

Juras Law Firm receives calls from U.S. citizens all the time sharing with us very exciting news that they have married or are considering marrying a person who is not a U.S. citizen. They want us to represent them in the process of sponsoring their new spouse for a green card (U.S. permanent residence) based on marriage. Since there is lots of fraud in the area of applying for a green card based on marriage, there is a presumption of fraud. We help them rebut that presumption and make sure that the new spouse will not face negative consequences based on misrepresentation. There are two groups of spouses. First, the spouses that are already in the United States. Second, spouses still living in their home country. The spouses already in the Unites States may have another type of visa. Depending on the case, we help them establish that the marriage is bona fide through documentation and representation at the interview. They may be able to get their marriage green card without leaving the United States. Spouses seeking green cards based on a marriage that has entered the U.S. without authorization may need to get a waiver of illegal presence. We help them establish an extreme hardship to the U.S. citizen spouse if they are not allowed to stay in the United States. Once the waiver is approved, the final step is to schedule an interview at the U.S. Embassy or Consulate. The second group of spouses is spouses who are still living in their home country and want to apply for a green card based on marriage to a U.S. citizen. They are going through a two-step process. The first step is to establish that their marriage is bona fide and second is to attend an interview at the U.S. Embassy or Consulate in their home country. If you are considering applying for a green card based on marriage and want to make sure to minimize the time apart and avoid any negative consequences associated with the process, call us today at 480-425-2009 or contact us via our website and schedule a consultation today!