National Interest Waiver Approvals – Part II

National Interest Waiver – Part II

In continuation of our ongoing segment of national interest waiver approvals, we’re going to discuss another previously approved case.  In this matter, the applicant was an Indian national but unlike today, the EB2 category was current for Indian nationals, and we could file an NIW application and there was no extra waiting period beyond normal USCIS processing times.

National Interest Waiver Requirements

  1. That the alien seeks employment in an area of substantial intrinsic merit;
  2. That the proposed benefit will be national in scope; and
  3. That the national interest would be adversely affected if a labor certification would be required for the alien.

National Interest Waiver Approved Case Part II

Degree: MS in Biochemistry

Position: Senior Laboratory Technician (This position was amended prior to filing)

Field of Expertise: Stem Cell Derivation

Publications: 1 (4th author)

Citations: 8 including self citations

Abstracts: 11

Recommendation Letters: 3

The applicant in this case was an Indian national.  The NIW application was approved although a difficult request for additional evidence was issued that held up the approval for an additional two months.  However, the applicant still obtained his residency approximately 14 months year after filing.  Current NIW processing times are much faster and since the second half of 2009, we are regularly seeing approvals in less than 3 months.

By looking at the applicant’s job title at the time we took his case (tech), it would seem like a national interest waiver was a long shot.  His publication record certainly did not help.  However, we were able to identify some novel techniques the applicant developed as a tech and were able to convince his University employer to move him to a different position that is more associated with research prior to filing.  This was certainly a difficult case but a case that we were very proud to get approved because the obvious accomplishments were just not there.  If we took this case today we would consider filing a concurrent EB1 filing since the EB2 category is backlogged.

Posted on May 7, 2010 at 2:36 pm by Immigration Lawyer Peter Messersmith · Permalink
In: National Interest Waiver · Tagged with: ,

3 Responses

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  1. Written by Raj
    on May 22, 2012 at 4:42 pm

    whta us backlog for EB2 NIW for Indian.

  2. Written by Raj
    on May 22, 2012 at 4:43 pm

    what is backlog period for EB2 NIW for Indian?

  3. Written by Fadel lashhab
    on August 4, 2016 at 10:24 pm

    Hi, my husband has PhD in Electric engendering from school of mins in Colorado and two master from Colorado and from Hangaria , we leave in virgenia now, he has f2 visa, he was looking for job for two years he couldn’t find spouncer for his visa, he was accepted as an instructor in some community college but then they told him that they can’t sponcer his visa, is he eligible for self sponcer he has 3 publications

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