Harringtonlawfirm.com

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Content: The Harrington Law Firm is a full-service immigration law firm and provides legal services to Research Organizations, Universities, Private-Sector Companies, Scientific Researchers, Healthcare Professionals, as well as individuals and families throughout the entire United States. U.S. Immigration Law is extremely complex and has significant ramifications for U.S. companies, immigrants, and their families. Our country's Immigration Laws provide a number of pathways for employers to recruit and retain highly skilled foreign employees and provide families with ways to have relatives immigrate to the U.S. However, violations of U.S. Immigration Laws have serious negative consequences, including deportation and employers sanctions. Houston best smartest fast greatest galleria smart fast science music college greencard green card visa petition work career help citizen citizenship The National Interest Waiver: A Great Green Card Option for Successful Researchers The National Interest Waiver petition offers successful foreign-born researchers a Green Card option that does not require a permanent job-offer from a sponsoring employer. Unlike most immigrant petitions, the National Interest Waiver can be personally filed by foreign-born researchers. As a result, as long as the scientist continues to conduct research in the same general field, he or she can move from employer to employer while the National Interest Waiver is pending and after it is approved. For Postdoctoral Researchers, the fact that the National Interest Waiver does not require a specific job-offer is extremely important because post-doc jobs are not considered permanent jobs. This brief article describes the National Interest Waiver petition and the criteria that US Immigration Officers use in adjudicating National Interest Waiver cases. If you are interested in knowing if you qualify for a National Interest Waiver, please feel free to e-mail a copy of your resume or C.V. to info@harringtonlawfirm.com. Legally, the National Interest Waiver is a request to waive the Department of Labor's Labor Certification requirement that is mandated for most EB-2 Immigrant Petitions. EB-2 Immigrant Petitions are employer-sponsored Green Card cases involving jobs that require at least a Master's Degree. The DOL's Labor Certification process requires employers to place ads in newspapers and in other media and to conduct a good faith effort to recruit qualified and interested US workers for the immigrant's job. Only if no US worker can be found, can a Labor Certification be approved. As a result, the Labor Certification process can be quite a burden and there is no guarantee that the Labor Certification will be approved. In addition, EB-2 Labor Certification cases require permanent job-offers, and therefore post-docs are ineligible. Fortunately, the law states that the Labor Certification requirement can be waived for EB-2 cases if it is in the National Interest. Please keep in mind that because the National Interest Waiver was designed for EB-2 petitions, anyone with a Master's Degree or above is legally eligible to submit an NIW case. Unfortunately, National Interest Waiver petitions are adjudicated under a strict set of criteria, and therefore receiving approval of a National Interest Waiver can be difficult. The National Interest Defined: The legal criteria for a National Interest Waiver were promulgated in the landmark National Interest Waiver case In re Matter of New York State Department of Transportation, also known as the NYSDOT case. In the NYSDOT case, the court held that the following three criteria must be met: (1) The field of research must be of substantial intrinsic merit, (2) the benefits of the researcher's work must be national in scope, and (3) the national interest would be adversely affected if a labor certification were required. Knowing the legal criteria, the important question remains, "How does the U.S. Citizenship & Immigration Service apply these criteria?" In my opinion, rather than looking at the broader national benefits of a scientist's field of research, the USCIS applies the three NYSDOT criteria by specifically reviewing the research success of each NIW applicant. As a result, in my opinion, the following items are of significant importance for a National Interest Waiver petition: LETTERS OF RECOMMENDATION: The scientist should submit a set of highly persuasive recommendation letters from other researchers in the field. These letters are extremely important and must address why the researcher deserves approval of the National Interest Waiver petition, but should not contain statements that accidentally hurt the researcher's case. PEER-REVIEWED PUBLICATIONS: The scientist should submit evidence of a number of peer-reviewed publications. A researcher with many peer-reviewed publications will have a much stronger case than a researcher with few or no such publications. If the researcher works for a corporation, as many Ph.D. scientists and engineers do, in addition to peer-reviewed publications, copies of in-house corporate reports can be submitted. CONFERENCE PRESENTATIONS: The scientist should submit evidence of presentations at scientific conferences. EVIDENCE OF INFLUENCE IN THE FIELD: The scientist should submit evidence that other researchers are interested in his work and have used the results of the work in their own research. OTHER EVIDENCE:The scientist should submit any other evidence of his or her success, such as research or fellowship awards, requests for the researcher to review manuscripts submitted to peer-review publications, and evidence of US Government funding of the research. Please note that this list is not conclusive, and this article should not be considered as an acceptable substitute to having a specific case reviewed by an individual with significant experience in handling National Interest Waiver cases. The goal of this article is to give researchers a general overview of the National Interest Waiver process.
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