Green Cards Through National Interest Waivers

Research Scientist
Documents Submitted: Bachelor of Science in Geology and Applied Mathematics; Masters's Degree in Geology and Mineral Science; Antarctica Service Medal from U.S. Department of Navy and National Science Foundation verifying contribution in the field of meteorite research in Antarctica; letter from university verifying that Applicant contributes to framing research proposals for funding from NASA; list of 18 scientific publications by Applicant; list of 6 international seminars at which Applicant presented research findings.

National Interest Argument: Charting better understanding of evolution of the universe and solar system.

Research Scientist
Petitioner is a non-profit organization in Hawaii dedicated to sugarcane research. Beneficiary is a research scientist with a Phd. in agriculture from the People's Republic of China who is currently involved in research under a grant and under an H-1B visa.

Beneficiary is doing research in the genetic make-up of sugarcane. Supporting documents included letters in support from the United States Department of Agriculture, a research laboratory in Japan, the University of Hawaii, and colleagues of the beneficiary.

The supporting documents stated that the beneficiary's research in the genetic make-up of sugarcane was in the national interest in that the research would lead to development of higher yields of sugarcane crop which is important to U.S. growers. The research done by this beneficiary is shared with U.S. growers of sugarcane throughout the United States and therefore, does not only benefit sugarcane growers in Hawaii.

Research Scientist
The Southern Service Center approved a national interest petition for a Research Scientist working in the area of Immunology. The beneficiary’s research focuses on the most prevalent arthritic and musculoskeletal disorders present in the U.S. population.

The national interest argument was based on improving U.S. health care and U.S. economy, while simultaneously improving the working conditions, education and various programs of U.S. workers.

The beneficiary has made significant contributions to the field of immunology and the understanding of the pathogenesis of autoimmune diseases. Knowledge that can lead to the control/prevention of autoimmune diseases will have a major impact on improving the nation’s health care and well being, as well as eliminating millions of dollars of medical expenditures. The beneficiary’s work has been cited, nationally as well as internationally, by over 45 research groups.

Supporting documentation included the following: letters from professors under whom beneficiary studied in the U.S., copies of awards and fellowships including fellowship from the Arthritis Foundation, documentation evidencing the beneficiary’s membership in associations in the field, documentation evidencing the beneficiary’s work being cited by others in the field, original scientific publications of the beneficiary, documentation evidencing the beneficiary judging the work of others in the field, copies of the news media’s coverage of beneficiary’s research and beneficiary’s correspondence with international scientists.

Research Scientist
The Eastern Service Center recently approved a national interest waiver for an immigrant in H-1B status on the basis of her exceptional ability as a research scientist. The beneficiary, a Post Doctoral Research Associate, performs research in breast cancer. Her doctoral research examined the factors that regulate the expression of the metastasis-associated vimentin gene. Her studies led to an exciting finding of a novel protein that controls vimentin gene expression which is absent in metastic breast cells. She isolated this protein using sophisticated protein purification techniques, this laying the foundation for potential therapeutic approaches targeted to this protein. Her work was recently published in two prestigious scientific journals, Cancer and Cell Growth and Differentiation. At her new position at the Guthrie Research Institute in Pennsylvania, she single-handedly identified several genes previously unknown to be involved in breast tumor metastasis.

The national interest argument was based on improving health care and improving the U.S. economy.

Evidence submitted included letters of recommendation from eminent researchers in the field; publication of the beneficiary’s article and requests for reprints, her participation in major scientific meetings; proof of her membership in honor societies and professional associations; the beneficiary’s educational qualifications; numerous articles supporting the waiver from leading newspaper, scientific journals and politicians.

After an initial request by the INS for further documentation, the petition was promptly approved upon a reiteration of the previously submitted evidence and a letter of support from a Senior Staff Fellow at the National Institutes of Health (NIH).

Research Scientist
The beneficiary is a research scientist (M.S. with a number of years experience but no Ph.D.) employed by an international company for a project to accelerate the production of pure corn lines for hybridization. National Interest factors urged were improvement of the U.S. economy and more efficient use of natural resources. The petition emphasized the importance of the research being conducted and the need for the beneficiary's skills in the particular research technique, which used new and continually developing technology. The importance of corn and hybridization was also documented. The beneficiary's previous work in innovative research was discussed, and letters from former colleagues were submitted. The importance of the beneficiary to the research was shown by matching the necessary plant breeding techniques with his specific experience in those techniques, some of which was gained with the employer. The employer stated that it would not be feasible to train another scientist in these techniques. Material from the National Corn Growers Association, as well as a congressional letter of support were attached to the petition. It was approved by the NSC in the regular processing time.

Research Scientist
Alien obtained his Ph.D Degree in Biochemistry from a prestigious British educational institution and possesses approximately nine years of Postdoctoral research with primary emphasis in attempting to explore for cures and therapies related to cancer treatment, as well as various immunological disorders and diseases.

Petition included outstanding supporting letters of reference from various highly respected public and private scientific organizations throughout the United States; in particular, verification from the National Institutes of Health as to the meritoriousness of the significance of alien's healtcare contributions to date.

Research Scientist
Alien obtained her Doctorate in Virology from a prestigious British institution and possesses approximately 8 years of postdoctoral research expertise with primary emphasis upon attempting to develop new cures and therapies in cancer research as well as related immunological disorders and diseases.

Petition included supporting letters of reference from numerous senior-level officials at some of the most esteemed and respected cancer research institutions throughout the United States, as well as accompanied by identification of outstanding credentials of the authors of said letters of reference in support of alien's National Interest Waiver Petition.

Of particular importance, included article depicting the nature and value of alien's research efforts, which appeared in The Journal of National Institutes of Health research publication, attesting to the significance in both the capabilities and value of alien's research effort of date.

Research Scientist
Alien obtained her relevant Ph.D. Degrees in Microbiology from the National Institute for Medical Research, England, and has accumulated plus 10 years relevant postdoctoral research and experience; primarily, alien has emphasized exploration of generating cures and therapies for such serious immunological disorders and diseases as: AIDS, leukemia and arthritis.

Petition included not only outstanding supporting letters of reference from top level private educational institutions and organizations, but also from prestigious scientists as the National Institutes of Health; furthermore, alien's myriad of lecturing and instructing fellow scientists throughout the international scientific community was thoroughly documented.

Research Scientist
Alien obtained his Doctorate in relevant field of Biological Sciences from a highly respected Dutch university and possesses approximately 3 years of postdoctoral research expertise with primary emphasis upon significant contributions in having generated important discoveries in the pathology as well as physiology of several important human viruses, Epstein-Barr and human T cell Leukemia/Lymphovirus - Type 1.

Petition included several supporting letters of reference from noted senior-level, highly-respected research scientists, including attaching thereto a delineation of outstanding credentials of said authors of reference, as well as a testimonial letters from a representative of the National Institutes of Health confirming clarification of the alien's significant scientific research accomplishments to date.

Of particular importance, documentation provided to confirm alien having been responsible for critiquing/reviewing numerous scientific international publications, which have appeared in leading scientific journals.

Research Scientist
The beneficiary, a Research Scientist and Director of Energy Conservation, performs mathematical and computer modeling of fluid flow, petroleum recovery, petroleum conservation and expansion of the petitioner's energy division. The petitioning employer consults for other organizations such as the Department of Energy, Department of Defense, American Petroleum Institute, Boeing, and Schlumberger. In addition, the beneficiary participates in project research for other organizations that are clients of the petitioner.

The argument made by the petitioner in support of the national interest waiver was based on improving the U.S. economy, contributing to the national defense, improving the U.S. environment and making more productive use of natural resources. The petitioner conducts research in the areas of aerospace, environment, energy and transportation and actively pursues Small Business Innovative Research (SBIR) programs with the Departments of Defense, Energy, Transportation, Agriculture and NASA. The SBIR programs are specifically legislated by Congress to develop commercialization of the technology developed through defense contracts, serving both the defense research and development and the U.S economy. Through the beneficiary's research activity, the petitioner has been awarded four Phase I and two Phase II research projects from the U.S. government for a total of $1,500,000. The novel ideas of the beneficiary enabled the company to compete in the areas of enhanced oil recovery, alternative energy sources, polymer-based materials applied to aircraft, improving the environment and making more productive use of natural resources.

Copies of numerous research proposals by the petitioner to the Departments of Defense, Energy and Agriculture were submitted as evidence, as well as examples of the petitioner's contract awards from the U.S. Army Missile Command at Redstone Arsenal, Alabama, the Department of the Air Force, Wright Laboratory, Elgin Air Force Base, Florida. Also, copies of the beneficiary's educational credentials, membership in professional and honor societies, technical papers on enhanced oil recovery, and national and international awards received from the Societies of Petroleum, Civil, Mining and Metallurgy were submitted.

In addition, evidence that the beneficiary's Ph.D. dissertation was selected as "outstanding research" at his university and a letter of support for the beneficiary from the Vice President of the Kansas Technology Enterprise Corporation (KTEC) were also provided.

Scientist
Petition/beneficiary is a scientist with extensive experience in advanced high performance parallel supercomputing. He is a research scientist at a major California university under H-1B status. A second preference (exceptional ability) employment-based immigrant visa petition, with a request for a national interest exemption from the labor certification requirement, was approved by the Western Service Center.

The argument in support of the national interest waiver was that petitioner's unique expertise and experience in computational physics and parallel computing methods would benefit the U.S. in achieving technological advances for industrial, defense and space research applications. The development of more effective computer techniques and a new data communications infrastructure is the basis of the National Information Infrastructure, an initiative introduced by Vice President Gore and supported by a number of Federal agencies. Detailed letters from the Defense Department's Advanced Research Projects Agency, NASA's Jet Propulsion Laboratory and university professors were attached to the I-140 to support the request for a waiver of the labor certification requirement. These letters outlined the direct benefits which the authors perceived would come from having the petitioner in the U.S.