Green Cards Through National Interest Waivers

COMPUTERS

Geotechnical Engineer/Computer Applications
Documents Submitted: B.S. and M.S. in Civil Engineering; documentation of employer's role in L.A. Metrorail Construction; description of Applicant's role in troubleshooting to prevent and alleviate compromise to integrity of existing structure in tunnelling area. National Interest Argument: Public Safety.

Lead Information Analyst
The petitioner provides a broad range of computer support services and technologies to institutions, corporations, industries and governmental agencies throughout the United States. The beneficiary, a Lead Information Analyst, is engaged in a research project funded by a Small Business Innovation Research Program grant from the U.S. Department of Health and Human Services, Administration for Children and Families. The petitioner has played a key role throughout the nation in providing systems development and training in the management and use of automated data processing systems and software and was specifically selected for this project on a national merit basis due to its expertise.

The argument made by the petitioner in support of the national interest waiver was based on improving education and training programs of U.S. children and underqualified workers; improving health care; improving the working conditions of U.S. workers; and improving the U.S. economy. The beneficiary works on the implementation of a transferable integrated computerized case management information system that is less expensive and easier to use than traditional methods, making it affordable to social service providers nation- wide, with enhanced productivity. The beneficiary is a member of the Kansas Management Information System (KMIS) enhancement team, one of the nation's leading Vocational Rehabilitation CM information systems, designed and implemented by the petitioner to help the state of Kansas, its Department of Social and Rehabilitation Services, and the 175 member staff of Kansas Rehabilitation Services in tracking all caseload activity statewide, and in meeting Federal and state reporting requirements.

The petitioner provided information about the importance of their company; an outline of the Case Management system; an outline of the KMIS; testimonial evidence from the Kansas Department of Social and Rehabilitative Services documenting the importance of KMIS and the beneficiary's involvement in the project; evidence of the beneficiary's educational qualifications; strong letters of recommendation of the beneficiary's expertise in mathematical modeling and computer engineering; and citations of acts, such as the Developmental Disabilities Act and the Family Support Act of 1988 (among others) where Case Management information systems is or has been used.

Programmer/Analyst
The Western Service Center approved a national interest waiver petition for a programmer/analyst working in the field of Information Retrieval. The national interest argument was based on improving the U.S. environment, the economy, and improving the working conditions and various programs, education and training of U.S. workers.

The Beneficiary’s work focuses on retrieving information which involves disposal of radioactive waste. The beneficiary’s expertise will assist scientists in finding a safe and suitable environment to store radioactive material, which, if disposed in an unsuitable environment, could cause health hazards. The information retrieved by the beneficiary will also help scientists to collect and analyze detailed environmental and geologic data from aboveground and from underground improving the health care and welfare of the U.S.

Supporting documentation included letters from recognized experts in the field, original scientific and scholarly contributions of the beneficiary, an article published by the beneficiary in a major trade journal in the field and supporting research project studies outlining the importance of the beneficiary’s work on each project.

DANCE

Dance/movement Therapist
Proven that the work she will be undertaking with regard to providing expressive dance therapy services to the elderly and disabled has been the subject of on-going congressional hearings, clearly establishing the intent of the Federal Government to allocate funds and services towards this most important health care benefit.

Folkloric Dance Troupe Founder
The Nebraska Service Center approved an alien of exceptional ability petition and national interest waiver for the founder, director, and choreographer of a non-profit Mexican Folkloric dance troupe. The members of the dance troupe are primarily inner-city children and adolescents.

The applicant, who has an Associates degree (2 years) in child psychology, successful argued that the regulatory criteria defining exceptional ability did not readily apply to his profession, which combines the skills of dance and choreography with those of teaching and counseling. In addition, the applicant demonstrated that his immigration would benefit the national interest waiver by increasing cultural awareness, preserving the important cultural heritage of folkloric dance, and providing a healthy and productive activity for disadvantaged youth as an alternative to crime and drugs.

Evidence of exceptional ability and benefit to the national interest included letters of support from community, civic and political leaders; members of applicant’s dance troupe and their parents; and nationally- recognized local artists and performers. Evidence also included press coverage of the dance troupe’s numerous performances around the Midwest.

DEVELOPER OF COPPER OXIDIZING PROCESS

Developer of Copper Oxidizing Process
The California Service Center recently approved a national interest waiver in EB-2 status for the developer of a copper oxidizing process. The application was based on membership in a profession holding an advanced degree in architecture or a person of exceptional ability.

The applicant has a masters degree in architecture from Laval University. His experience in urban planning and restoration of historic sites coupled with his education in architecture revealed a demand by architects and builders for copper in its patina state. Copper naturally changes from its original color to a green color, or patina state, due to exposure to the atmosphere. But, this change takes a significant time to occur, usually around twenty years. The applicant developed a process that captures and preserves copper in its patina state. This copper oxidizing process is unique and cannot be produced by anyone else in the world. The patina copper sheets have already been used in several significant and distinctive projects including Harrah’s Casino in New Orleans, Louisiana, the Sha-Alam Stadium in Malaysia, the tower at the Creative Discovery Museum in Chattanooga, Tennessee, and the Tour de la Bourse (Stock Exchange Tower) in Montreal. Therefore, the applicant was qualified as either a member of a profession holding an advanced degree or a person of exceptional ability for developing this copper oxidizing process.

The applicant’s petition was deemed in the national interest because both the local and U.S. economy would be improved from employment of American workers as would the global competitiveness of United States with the copper roofing industry. Furthermore, the applicant is in the research and development stage of an alternative to lead coated copper, which will eventually improve the environment. Evidence submitted included the applicant’s transcript of the applicant’s educational qualifications, letters of recommendation from the copper industry and architectural oxidation process, requests for approval from interested governmental agencies, and hand-sized oxidized copper samples.

ECONOMIST

Agricultural Economist
The beneficiary, an agricultural economist and environmental and natural resources manager, is employed by a major university's international agricultural programs as African Projects Coordinator. She is responsible for writing project proposals and developing new grants and opportunities in Africa for the university's faculty and staff.

The petitioning university sought a national interest waiver on several bases. It attested that the beneficiary's admission would improve the U.S. economy through the development of grants. The beneficiary already had negotiated a $2.5 million grant contract with the United States Agency for International Development which would employ ten U.S. citizens during its term. She was in the process of acquiring two more grants of similar size and scope.

The university also attested that wages and working conditions of U.S. workers would improve by permitting them to earn bonuses for overseas assignments connected with the grant proposals the beneficiary would generate. As a way of improving educational and training programs for underqualified workers, the university and the beneficiary committed themselves to the employment of "work-not-welfare" employees in clerical positions needed to support the beneficiary's projects.

The university also predicted improvements to the U.S. environment leading to more productive use of the national resources through the acquisition of knowledge from the beneficiary's training of African Development Bank officials on environmental issues such as forest management, reduction of urban pollution and non-point water pollution, and improved agricultural techniques.

Finally, the petition emphasized the overriding national interest in alleviating world hunger and strengthening third world economies to promote world economic and political stability.

The petition included evidence of the beneficiary's advanced degrees, experience, and stature among bilateral and multilateral international donors and development agencies; expertise in agricultural economics; significant contributions to and publications in the field of agricultural economics; merit awards from heads of state and international agencies; and numerous testimonials from international project leaders about the beneficiary's effectiveness in leading agricultural development projects.

Market Research Analyst
Documents Submitted: B.A. and M.A. in economic; evidence documenting over 15 years of experience including position held as head of National Scientific Institute of Market Research; position with Ministry of Trade; 18 publications; letter verifying leadership role in forecasting and developing trade agenda of foreign countries; letter from U.S. employer verifying large volume trade activity with foreign country. National Interest Argument: Improving U.S. economy

Manager, Real Estate Investment Firm
Documents Submitted: Bachelor Degree in Economics; 8 years of experience in managing investments; experience documenting management of real estate investment and development overseas; verification of multimillion dollar investment by foreign employer in California real estate market; documentation of subdivision of real property purchased for residential and golf course development; newspaper articles on the troubled real estate and housing market in California. National Interest Argument: Providing jobs for U.S. workers; improving the economy.

EDUCATION ADVISOR

Senior Education Advisor for the United Nations
Children's Fund ("UNICEF") in developing countries. His outstanding knowledge in this area as well as his research capabilities will provide valuable direction for all UNICEF-based education programs throughout the world and allow him to make significant contributions in the conceptualization and formulation of major policy changes in education.