Jun
16

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Success Stories Architect’s NIW Approved in 13 Days

Category: Architect, EB-2, Green card, Green card attorney, Green card without job offer, immigration Attorney in phoenix, Immigration attorney in Scottsdale, Immigration attorney Phoenix, Immigration lawyer Arizona, Immigration Lawyer Scottsdale, immigration lawyers phoenix, National Interest Waiver, NIW Tags: , , , , , ,

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.

Architect

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!

Nov
3

By

TPS recipients who entered US illegally are eligible to adjust status

Category: Green card, LPR, Temporary Protected Status, TPS Tags: , , , , ,

The Court of Appeals for the Eight Circuit held that a foreign national who entered the U.S. illegally (without inspection and admission) and received Temporary Protected Status (“TPS”), is deemed “inspected and admitted” for purposes of adjustment of status and may adjust their status to that of lawful permanent resident.

Please note that this article does not constitute a legal advice.  If you need any assistance associated with your TPS status and would like to discuss how this decision may impact you, call our experienced TPS attorney at 480-425-2009 or schedule your consultation online.

May
25

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National Interest Waiver approved for Senior Power System Engineer

Category: Uncategorized Tags: , , , ,

It is great to see another National Interest Waiver (NIW) case approved. The National Interest Waiver is only available for members of professions holding advanced degrees or aliens of exceptional ability. The advantage of the NIW is that the foreign national can self-petition and does not need a job offer, test the market, and obtain a labor certification.

To get the NIW approved, we have to show three (3) criteria: (1) that the foreign national’s proposed endeavor has both substantial merit and national importance; (2) that (s)he is well-positioned to advance the proposed endeavor; and (3) that, on balance, it would be beneficial to the U.S. to waiver the job offer and labor certification requirement. The foreign national must also show that (s)he “otherwise merits a favorable exercise of discretion” because the NIW is discretionary.

In this case, our client is a Senior Power System Engineer and has worked for power utility companies abroad and in the U.S. With respect to the first criterion, we documented his research and implementation of practical solutions to protect national power grid from an unauthorized access and terrorist threats. The national power system is one of the national interest assets a nation has and its operation, safety and security is the key to the economy and people’s well-being. 

Our client also made important contributions towards energy efficient systems. His research led to a new software tool used to estimate energy efficiency of induction motors. He made contributions toward a new way of bench marking industrial systems in his country. He also made contributions to wind energy conversion systems. The energy efficiency and renewable energy systems are important areas of the U.S.’s national interest. We were able to establish that his achievements have both substantial merit and national importance and satisfy the first criterion.

With respect to the second criterion, we established that our client has demonstrated a history of achievement in the field of Power Systems (in the area of electric machine efficient design and controls, power system modelling, analysis and stability and power grid protection and controls for safe and resilient operating) with some degree of influence in the field as a whole.  Further, his past accomplishments have set him apart from his peers and other professionals in the field.  The overwhelming evidence established that his work has had and will continue to have a nationally significant impact and is well positioned to advance his contribution in the area so critical to national economy and safety.   Accordingly, the second criterion was met.

We were also able to establish the third criterion, that on balance, it would be beneficial to the U.S. to waive the job offer and labor certification requirements, and that he otherwise merits a favorable exercise of discretion. The field of Power Systems is unique in the sense that involves large and complex systems that harmoniously work together to generate, transmit and distribute reliable power on large areas at national level and even internationally.  The advancement of new technologies in all fields requires power systems engineers to stay up to speed when it comes to the application of new concepts. This makes the power systems engineering field very challenging and only a few get to the point to fully understand the complexity and the level of detail required to design, install, test, commission, operate and monitor such systems. Therefore, there are fewer and fewer experts that could undertake the challenges of a more and more complex power grid.  Our client is one of those few and we can’t wait to see what he can accomplish now with his green card. Congratulations!

Please note that this article does not constitute legal advice.  We simplified the law to outline the NIW process.  If you would like to discuss if you may qualify for the National Interest Waiver, schedule your consultation here: https://calendly.com/irena-3/30min or call an experienced NIW attorney at 480-425-2009 to schedule a consultation. We will be happy to discuss the best course of action and how we can help you obtain a legal permanent residence in the United States.