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Green Cards Through National Interest Waivers
Senior Analyst/Overseas Projects
A National Interest Waiver for a Financial Analyst with an MBA was
approved for a large automotive components supplier with opportunities for
expansion into Southern Asia.
Despite the fact that the proposed employment would singularly advance
the corporate petitioner’s business interests, we emphasized the indirect
benefit to the U.S. economy (balance of trade, job creation, etc.) as
translating into benefiting the U.S. national interest.
Evidence submitted included letters from the U.S. Department of
Commerce (Interested Government Agency), the U.S.-China Business Council,
a U.S. Senator, and prominent manufacturing companies and investors in
Asia.
Finance Director
Petitioner is a Medical Center which owns and operates three
clinics in the Mississippi delta region, serving the three poorest
counties in that state. Approximately half of the Center's
operating budget comes from the U.S. Department of Health and Human
Services (DHHS), and the Center also receives reimbursements for
services provided under the Women-Infants-Children (WIC) program
and Project Headstart.
The petition contained copies of the
beneficiary's B.S. and M.S. degrees in Accounting as evidence that
the beneficiary was qualified as an Advanced Degree Professional.
To support the request for National Interest Waiver, documentation
was included to demonstrate that the continued operation of these
three clinics was critical to ensure adequate access to healthcare
in these communities. This documentation included evidence that
the population served by the clinics were primarily either
uninsured or insured through Medicaid or Medicare, health
statistics for the communities reflecting an infant mortality rate
of 21.8%, letters from county health officials stressing the need
for the clinics to continue operations, and articles from
Mississippi newspapers regarding access to healthcare in the delta.
Since the Center relies heavily on federal funding to operate, the
petition also included evidence that the role of the Financial
Director is of utmost importance in securing and managing the
funding allocated through the various federal programs. This
included samples of several grant applications prepared by the
beneficiary and detailed financial reports, as well as a very
strong letter of support from the DHHS Office of Grants Management,
which stated that the Center had previously been placed in a "high
risk" category which had endangered its continued grant
allocations, but that the beneficiary had, since joining the staff,
dramatically improved the financial situation, generating excess
income and resulting in the Center's removal from the high risk
category.
Also, the petition included evidence that the
beneficiary had so skillfully managed Center's funds that the
employer was able to improve their salary/benefit packages for
healthcare workers, enabling them to attract new physicians and
nurses, which not only improves healthcare but also generates
economic stimulation in an area which otherwise sees little
economic growth.
Finance Manager
The beneficiary, a Finance Manager, performs both financial
analysis duties, involving the evaluation and guidance of
potential client businesses and their financial viability, and
controlling duties, including guiding an accounting staff on
internal and external matters. The argument in support of the
national interest waiver was based on improving the U.S. economy,
wages and working conditions of U.S. workers.
The petitioner, the Center for Business Innovation (CBI)
helps small companies break into the business world. CBI has
assisted in the development of over 70 companies in computer,
telecommunications and medical industries. Articles regarding
CBI's important services, including their attainment of the
Business Incubator of the Year Award, and evidence regarding the
importance of this award, was provided. In addition, evidence of
the beneficiary's contributions to the company, such as his
development of an innovative Microloan program and the positive
impacts of the Microloan program, (such as the creation of new
jobs), was submitted.
Also, evidence of the beneficiary's model for measuring an
incubator's performance, which resulted in the conferral of the
1st Place Award among other incubators competing for the honor at
the National Business Incubation Association and which was also
reported to the Department of Economic Development, the State of
Missouri, the Missouri Corporation of Science and Technology and
the Department of Finance, was presented in support of the
beneficiary's far-reaching contributions. Testimonial evidence
regarding the petitioner and testimonials citing the
beneficiary's significant work was also provided.
GEOLOGIST
Geologist
The Texas Service Center approved an EB-1 for a Houston-based geologist.
The alien has a Ph.D. in Geology from Texas A&M. Documents submitted to
support the application included the applicant's publications in books, and
journals, citations in others' work to the applicant's work, geological
awards and membership in professional organizations. Testimonials from
colleagues were also submitted. The alien is on an H-1B and has no work
experience other than as a research assistant while in college.
Environmental Geologist/Geochemist
The petitioner provides services in the fields of
environmental, civil, and electrical-mechanical engineering. The
beneficiary, an Environmental Geologist/Geochemist, performs
research in environmental mineralogy, clay-chemical interactions,
asbestos mineralogy and identification and pollution prevention.
More specifically, he plays a key role in the cleanup of
contaminated sites to protect the environment and public health.
The argument made by the petitioner in support of the national
interest waiver was based on improving the U.S. environment,
economy, and health care.
The petitioner provided two request
letters from an interested U.S. government agency, the
Environmental Protection Agency, offering unqualified support for
the beneficiary's application for permanent residence under the
national interest waiver; strong letters of recommendation,
describing the beneficiary's important contributions to the
field; excerpts of reports submitted to the EPA by the
beneficiary; a listing of all contracts the beneficiary is in
charge of; the beneficiary's educational qualifications;
evidence of his membership in professional associations; evidence
of his scientific publications/presentations; evidence of his
certification in numerous environmental specialties; news
articles regarding the danger of asbestos; information about the
importance of the petitioner's services, including a list of
governmental clients, letters from government agencies commending
the employer's excellent performance and awards recognizing its
outstanding contributions and service to the nation; and evidence
of the petitioner's interest in promoting technology transfer and
long-term business relationships with South East Asia on
environmental projects.
LASER/SEMI-CONDUCTOR ENGINEER
Laser/Semi-Conductor Engineer
The Vermont Service Center granted a National Interest
Waiver petition in the EB-2 category for a semi-conductor
laser engineer with a Ph.D and over 10 years experience in
design and development of semi-conductor laser devices for
use in telecommunications applications. The alien had a
U.S. job offer to serve as Senior Staff Engineer for a U.S.
manufacturer of such devices and the prospective U.S.
employer submitted the petition on the alien’s behalf.
Documentation of the alien’s abilities consisted of his
resume, letters from prior employers, various articles and
papers he had published and membership in the IEEE.
Documentation of national interest consisted of evidence
that the alien’s area of expertise was one of critical
technology for U.S. national security and economic
interests and ones in which the U.S. stood at a competitive
disadvantage to Japan and Europe, and the employer’s
descriptions of how the alien would benefit the U.S. economy
by heading a development effort for a new product to be mass
manufactured that would create 100 new jobs over a 5 year
period.
Laser Spectroscopy/Research Assistant
The beneficiary is a Research Assistant performing research in
the field of laser spectroscopy, which uses the interaction of
molecules with light generated in lasers to study the structural
nature of the molecule. This research will allow scientists to
more effectively design drugs.
The argument made by the
petitioner in support of the national interest waiver was based
on improving U.S. health care and the national economy. The
petitioner submitted a copy of the government funded grant award
supporting the beneficiary; scholarly, scientific publications;
testimonial letters from scientific experts; evidence of
participation in the Gordon Conference; awards; memberships in
honorary and professional associations.
The case was remanded by
INS, stating that the evidence submitted was "not persuasive that
a waiver of the job offer would be in the national interest."
The remand further stated the application did not "establish that
the research work of [the beneficiary] set him apart from other
scientific researchers to such an extent that he will
substantially benefit prospectively the United States to a
significantly greater degree than other qualified scientists
engaged in research," reflecting INS' application of an incorrect
standard.
In response, the petitioner submitted a legal brief on
the issue of the correct standard to be applied in this case;
testimonials and C.V.'s from four internationally recognized
experts; evidence of the international reputation of the Gordon
Conference; a letter of support from a Kansas State Senator;
international reprint requests for the beneficiary's two
published articles; and an argument that the original application
provided ample proof that his work was in the national interest.
MATERIALS RESEARCH ASSISTANT
Materials Research Assistant
The beneficiary is a Materials Research Assistant with a state
highway and transportation department. His primary work involves
the study of the quality of materials for construction and
maintenance of the state highway system, including testing,
evaluating and approving materials used in the state's highways
and bridges. The argument made by the petitioner in support of
the national interest waiver was based on improving the U.S.
economy and the environment and making more productive use of
natural resources. In addition, the petitioner, writing in
support of the beneficiary, is an interested state government
agency. The petitioner submitted digested copies of the Clean
Air Act and the Intermodal Surface Transportation Efficiency Act
of 1991; copies of articles from the Transportation Research
Board and from FOCUS; proof of the Strategic Highway Research
Program funding and its importance; a summary of the exemplary
reputation of the state's implementation program; a letter from
the Federal Highway Administration detailing the importance of
state research laboratories; an outline of the beneficiary's
important research projects; a summary of the beneficiary's prior
experience, qualifications and advanced computer skills; and a
letter of support from his Ph.D. advisor.
MEDICAL LABORATORY PARTNER
Medical Laboratory Partner
A medical graduate who owned and managed a medical
laboratory was found to serve our national interest. Beneficiary
had invested much time and some money in a medical laboratory
primarily serving minority communities (in the Bronx and
Northeastern New Jersey). Its fees are frequently reduced or
omitted for those least able to pay.
Favorable evidence included:
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Proof that ten (10) jobs had been created;
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Letter from previous advisors and superiors regarding
beneficiary track record and moral characters;
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Letters from several local Physicians and a social work
agency regarding the value of beneficiary's services;
and,
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A letter from the laboratory research director
regarding the importance of research that beneficiary
is involved in.
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