{"id":329,"date":"2010-05-07T14:36:00","date_gmt":"2010-05-07T20:36:00","guid":{"rendered":"http:\/\/blog.messersmithlaw.com\/?p=329"},"modified":"2010-05-14T10:35:23","modified_gmt":"2010-05-14T16:35:23","slug":"national-interest-waiver-approvals-part-ii","status":"publish","type":"post","link":"https:\/\/blog.messersmithlaw.com\/?p=329","title":{"rendered":"National Interest Waiver Approvals – Part II"},"content":{"rendered":"

National Interest Waiver \u2013 Part II<\/p>\n

In continuation of our ongoing segment of national interest waiver approvals, we’re going to discuss another previously approved case.\u00a0 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.<\/p>\n

National Interest Waiver Requirements<\/p>\n

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

    National Interest Waiver Approved Case Part II<\/p>\n

    Degree: MS in Biochemistry<\/p>\n

    Position: Senior Laboratory Technician (This position was amended prior to filing)<\/p>\n

    Field of Expertise: Stem Cell Derivation<\/p>\n

    Publications: 1 (4th author)<\/p>\n

    Citations: 8 including self citations<\/p>\n

    Abstracts: 11<\/p>\n

    Recommendation Letters: 3<\/p>\n

    The applicant in this case was an Indian national.\u00a0 The NIW application was approved although a difficult request for additional evidence was issued that held up the approval for an additional two months.\u00a0 However, the applicant still obtained his residency approximately 14 months year after filing.\u00a0 Current NIW processing times are much faster and since the second half of 2009, we are regularly seeing approvals in less than 3 months.<\/p>\n

    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.\u00a0 His publication record certainly did not help.\u00a0 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.\u00a0 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.\u00a0 If we took this case today we would consider filing a concurrent EB1 filing since the EB2 category is backlogged.<\/p>\n","protected":false},"excerpt":{"rendered":"

    National Interest Waiver \u2013 Part II In continuation of our ongoing segment of national interest waiver approvals, we’re going to discuss another previously approved case.\u00a0 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 … Read more<\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[39],"tags":[190,66],"class_list":["post-329","post","type-post","status-publish","format-standard","hentry","category-national-interest-waiver","tag-national-interest-waiver","tag-niw"],"aioseo_notices":[],"aioseo_head":"\n\t\t\n\t\n\t\n\t\n\t\n\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t