National Interest Waiver

I-140 (Immigrant Petition for an Alien Worker) based on NIW (National Interest Waiver): An I-140 was filed by us in January 2007 for our client, an outstanding Chinese with an Electrical Engineering background. We were not requested to present any additional evidence (RFE) and the I-140 was approved in March 2008.

I-140 NIW (Immigrant Petition for an Alien Worker based on National Interest Waiver), and I-485 (Adjustment to Permanent Resident) were filed for a Chilean Electrical Engineer: The I-140 was filed in August 2007 to Texas Service Center, and I-485 was filed in October 2007. Both I-140 and I-485 were approved in February 2008, without any additional request for evidence (RFE).

In 2004 we were retained by a German cardiologist and medical researcher to work in his case for a self-petition NIW I-140 (National Interest Waiver for an Immigrant Petition for Alien Worker) in the EB-21 category (Individual with Advanced Degree or Exceptional Ability). He had been working in USA since 2000 under H1B1 visa (Non-Immigrant Worker) but he wanted to be able to remain in USA without depending on a specific employer. We filed his NIW I-140 in 2004, but USCIS failed to give a receipt confirmation. We had to insist on his case until we got a receipt notice, and later (May 2005) a RFE (Request for Evidence). USCIS stated that even with all his outstanding merits, his contributions to science and his research were not significant advances. They also stated that he had not demonstrated that the benefits of his research had been accepted and implemented nationwide. Lastly, they said our client could not demonstrate that it was of national interest to deprive employer of the ability to open same position to US workers. We worked thoroughly with our client submitting significant and detailed evidence that would prove USCIS wrong. Finally USCIS accepted our arguments and approved the NIW I-140 in June 2005.
During this process, our client got married to his fiancée, another MD who was also working under a Non Immigrant work visa (H-1B). Therefore, immediately after the I-140 approval we started preparing the Green Card cases for both of them. On August 17, 2005, we filed I-485 (Adjustment of Status), I-765 (Employment Authorization Document), and I-131 (Advanced Parole) both for him and his wife. The AP would allow them to travel to Germany while their case was pending. Both of them got their EAD's in September (less than a month), Their I-131 (AP or travel documents) in October and their I-485 and Green Cards in November 2005. They were very pleased on how well and fast their cases had been handled.

Indonesian national in the field of mechanical engineering, we filed NIW for him in Feb 2007 when he was still a Ph.D student with a F-1 visa. He started his practice training in April 2007 as project engineer. CIS issued an RFE request at the end of August 2007 and we responded in Nov, 2007, and the I-140 was approved in less than 2 weeks.

Chinese national, Researcher and Assistant Professor in Analytical Chemistry: NIW was filed March 2007 to Texas Service Center and CIS issued an extensive RFE request in August 2007 and our office responded to the RFE in Nov. 2007 and NIW was approved in the same month. Client has over 15 journal publications since 1999.

Slovakia national, Medical Resident, NIW was filed in June 2007 and was approved in November 2007 without RFE by Texas Service Center. Client has 4 published Journal papers and one conference presentation.

NIW case:  Sri Lanka National, Research Associate in Molecular Biology, filed with Lincoln Nebraska Service Center in May 2006 and approved in May 2007. No request for additional evidence.

NIW for a Chinese Post Doctoral Research Fellow of organic chemistry: Filed in October, 2006 and was approved in April 2007.  No request for more information.  Client conducts research on radiopharmaceuticals.

Our office filed I-140 under National interest wavier with concurrent filing of I-485 on October 31, 2006. Both filing were approved on December 18, 2006 in less than 2 month and green card was received soon after the I-485 approval.

When his corporate attorney gave him a list of immigration attorneys to choose from, our Chinese client chose Margaret Wong & Associates without hesitation. After evaluating our client’s credentials we were convinced we could establish him as an extraordinary scientist and researcher whose work has greatly contributed significantly to fault-tolerant distributed computing. Therefore, in September 2005 we filed I-140 National Interest Waiver to bypass the labor certificate process. It was approved in merely one month and without RFE. We subsequently filed I-485 and they appeared for fingerprints in November 2005. Again, no RFE was issued, not even second fingerprint. On November 13 2006 our office received two welcome notices-for both him and his wife-and we immediately telephoned client. Our client happily came to our office and picked up their approval notices and they can expect to receive the actual green cards in just a few days. Congratulations to our client-they can now enjoy the freedom of living permanently in the United States.

Our Chinese client holds a Ph. D and she proves herself to be an extraordinary scientist in the field of structural biology. She is also employed with a prestigious university in Cleveland, Ohio. After evaluating her credentials, our office advised our client to proceed with filing I-140 EB-21 NIW. USCIS, however, issued a Request for Evidence, asking us to further demonstrate our client’s qualifications to warrant a favorable consideration of the petition. We further gathered evidence, affidavits, and publications and more, and submitted our response. An approval notice followed soon after we submitted to the RFE. After the I-140 was approved we submitted I-485 applications for our client and her spouse to get them permanent residency. The I-485 applications were approved in due course and they have received their green cards in the mail recently.

In 2003 we were retained by a Chinese client to file NIW on his behalf and I-485 for his wife and child. Our client is a scientist in the field of medical science as well as many other allied fields of scientific research. We substantially demonstrated our client’s merits and contributions in the initial filing. However, in 2005 we received a denial notice from the Service Center. Before then, we never received an RFE, which would have allowed our client to further demonstrate his qualifications. We therefore filed an appeal with the Service Center as well as the AAU in DC. We argued that our client’I-140 should have been approved regardless of an RFE and it was unfair that RFE was never issued. Furthermore, we again fully demonstrated our client’s publications, citations, contributions and other affidavits from acclaimed experts in his field. A month after we appealed, we received I-140 approval notice. By then, our client’s I-485 had been pending. 3 months after I-140 was approved, our client and his child received their green cards and his wife received an RFE. We timely responded and in November 2006 also received a welcome notice for his wife. Congratulations to our client and his family-all of them are now proud permanent residents of the United States.

Our office filed I-485 for a PRC national based on his approved NIW application on May 10 2005. Client’s wife and child were also included in the application. On August 18 2006 all three applications were approved and now we have one more family who has become proud lawful permanent residents of the United States .

On January 18 2005 our law firm filed I-140 NIW for a client from Jiangxi province, China who at the time was residing in Pittsburgh, PA. After obtaining his PhD from a university in China, client has substantial achievements in the field of structural characterization and is an extraordinary physicist and materials scientist. The petition was approved on April 21 2005, in just 3 months and without any request for evidence. Our client then proceeded with the next step to get his green card.

Our client obtained his BS from a university in Beijing, China and his PhD from a major university in Cleveland, Ohio, USA. Client is a chemical scientist enjoying expertise in the field of HPLC (high performance liquid chromination). I-140 NIW was filed on October 7 2005 and the petition was approved by Nebraska Service Center on February 22, 2006. Our client can now expect his green card in the foreseeable future after we filed for [permanent residence on behalf of our client.

We were retained by a client from Anhui, China who is an extraordinary scientist focusing in the field of chemistry research and chemotherapy agents of cancers. He served as research scientist at a state university in the US. I-140 National Interest Waiver was filed on June 7 2005, and on July 1 2005 the I-140 petition was already approved. The whole process took just 3 weeks. We then filed for green cards for our client and his wife. Currently our client and his wife are expecting their green cards in the near future.

On 09/29/2005 we filed I-140 for a client from Beijing, China. Client is a professor in the filed of digital drugs petitioned by a medical university in Ohio and has won many awards in his filed. Client also enjoys membership in several professional organizations. On 12/05/2005 we received a Request for Evidence asking us to further establish our client’s qualifications. We satisfactorily responded and received an approval notice on 03/06/2006.

Client is a polymeric materials scientist and received his PhD from China. Client worked on projects in Israel and the United States . We filed NIW for client on January 10, 2004 and it was approved on May 24, 2005. On November 8, 2004 we filed for green card and it was approved on August 15, 2006. Congratulations on becoming a permanent resident of the United States !

Our client came to us for the purpose of filing an EB-11 Extraordinary Alien petition as a volleyball player. Having started in Nigeria, he accumulated some international experience in professional European leagues before coming to the United States to work as an NCAA assistant coach. We filed his case in December 2005 after accumulating enough evidence, and the Service quickly returned an RFE to us in January 2006. Specifically, the Service questioned several pieces of evidence and did not grant qualifications under any of the EB-11 criteria to our client. We prepared a thorough response that met every Service request, and sent the response brief out in April 2006. The Service quickly granted our client’s petition even before the month was up.

Our client was a Micro-Electro Mechanical Systems researcher from Taiwan with a background in Materials Science and Engineering. Employed at a major university, he had publications with multiple citations that included a paper with 19 citations. His research had also attracted the interest of both civilian and military federal agencies. Our office filed an I-140 National Interest Waiver for him in December 2005, and USCIS responded with an RFE in January 2006. We took the time to explain our client’s accomplishments and their significance in detail, and filed a response to the RFE on March 23, 2006. USCIS quickly gave its approval on April 13, 2006.

Our client came to us for filing an I-140 National Interest Waiver petition prior to the September 30, 2005 deadline for China green card applications. We quickly prepared and sent out a filing, and received a Request for Evidence response within a few months. The RFE seemed to be asking for more clarification about our client’s work and contributions to the national interest, so we made sure to carefully explain the importance of our client’s educational assessment work as a statistician. Our RFE response was sent out in February 2006, and USCIS granted approval just a little over a month later.

We filed I-140 & I-485 for NIW doctor in TX Center in Nov 04. NIW approved in July 05. He completed 5-yr service from Oct 00 to Nov 05. GC approved March 06.

Our client is a senior research scientist in the filed of educational measurement. Client is from Taipei, Taiwan and obtained his MA and PhD from a major university in Iowa, USA. We filed NIW for client on September 28 of 2005 and an RFE was received on November 28, 2005 asking us to respond by February 10, 2006. We timely responded and were rewarded with an approval notice on March 10, 2006.

The client came to our office to apply under the EB-12 category of Outstanding Researcher or Professor, having been previously denied by USCIS. We signed the contract for a new filing just before the September 30 deadline for China/India green cards, so we knew the case was time-critical. We sent out the filing just before the deadline and eventually received an RFE from the Nebraska Service Center. We then took our time to compile a response brief emphasizing the client’s continuous record of achievements as a medical researcher. The RFE response brief was filed in late February, and we received an approval from USCIS within a week.

The client approached our office in 2005 to file an I-140 NIW petition. We prepared and sent out the filing in September 2005, and received an RFE from the Nebraska Service Center one month later. The RFE questions were very specific in terms of asking about certain pieces of evidence, so we carefully prepared a focused response which emphasized our client’s unique successes as a biomedical researcher. We filed the RFE response in early 2006, and received an approval from USCIS in February 2006.

Our client was a geological researcher who was still completing his Ph.D. in Geosciences and Computer Science. Despite this, we prepared an initial National Interest Waiver filing in December 2003 that received an RFE in May 2005. We could tell from the RFE that the Service was looking very closely at this case, so we took the opportunity to emphasize the client’s unique earthquake research in light of the national interest. The Service ultimately approved the case in January 2006.

Our client is a medical doctor and had only three abstracts published many years ago in a medical journal, due to his current work being mainly clinical. After the first evaluation, we told him it would be very hard to get an approval for either an EB-11 or NIW. But the client asked us to do anything we could to help him, because his H-1B was reaching the end of the 6^th year and he did not have enough time to wait for labor certification. To help him out, we sat down with him and went through every detail of his career to build a very strong case out of his situation. The case was filed August 2005 and was approved in January 2006.

Due to the September 30 green card deadline for certain countries, our office handled the rushed cases of several clients who wanted to file under the NIW/EB-11 categories. Several of these cases were filed between September 21 and September 23. USCIS granted rapid approvals for these three cases, with our office receiving the official notices on October 17, 2005.

On November 12 2004 we filed I-140 based on national interest waiver for a client from P.R.C. Client is a scientist researcher in the filed of photochemistry working for a prestigious university in Cleveland, Ohio. On December 16 2005, I-140 was approved and our client and his family were one step closer to becoming permanent residents of the United States to live and work in this wonderful nation.

The client retained our office for filing an I-140 immigrant visa petition under a National Interest Waiver. We filed with INS on June 10, 2004, and received an RFE on April 1, 2005. Given our client’s background as a molecular biologist, we refocused our arguments and sent in the RFE response on May 17, 2005. INS quickly granted its approval within just several weeks on June 6, 2005.

The client retained our office for filing an I-140 with National Interest Waiver. This was an emergency filing due to the client’s H-1B time limit, so we sent in the petition on January 8, 2004. INS responded with a Request for Evidence from INS on March 18, 2005. We responded by emphasizing our client’s accomplishments in a different context, and sent in the response on May 16, 2005. When we checked with INS on June 22, 2005, we found that the I-140 had been approved.

The client retained our office to file an I-140 with National Interest Waiver. Although the client’s resume did not seem overly impressive at first, we were able to talk with the client and uncover other achievements to round out the petition. We filed the petition on October 1, 2004, and INS responded on June 16, 2005 with a direct approval. No RFE was required.

The client retained our office to file an I-140 immigrant visa petition under an EB-21 classification with National Interest Waiver. The client was a polymer materials scientist who was doing work for DARPA and the Army Research Laboratory. Our office filed the application with INS on January 30, 2004. INS soon gave its full approval on May 24, 2005, without an RFE needed.

The client retained our office for filing an I-140 immigrant visa petition under the EB-21 classification with a National Interest Waiver. The client was a genetic scientist who specialized in gene therapies for cancer and nervous system disorders, and had developed countermeasures to biological warfare agents. We filed the petition with INS on January 13, 2004 and received official INS approval on May 24, 2005. No RFE was necessary

The client retained our office to file an I-140 immigrant visa petition under an EB-21 classification with National Interest Waiver. As a physicist and materials scientist, the client had an impressive record of research backed by several federal agencies. However, the client needed to file the application quickly due to changing job circumstances. We quickly compiled an application which highlighted the client’s work in nanostructured materials as well as the client’s publications. Our office filed the application with INS on December 31, 2004. The INS responded with swift approval on April 21, 2005, less than four months later.

The client retained our office for filing an I-140 under a National Interest Waiver. Despite the client’s credentials as a researcher at a prominent United States government laboratory, the fact that the client worked in the glutted field of computer science meant that chances for success under an NIW were uncertain. We focused on describing his interdisciplinary work at the edges of molecular biology and computer science, also making sure to emphasize the importance of the work for national security and other interests. Our office sent the application to INS on January 24, 2005. The INS granted full approval on April 15, 2005 without a Request for Evidence.

The client retained our office for filing an I-140 immigrant visa under a National Interest Waiver. We were at first unsure of whether to file under an NIW or an EB-11 for extraordinary alien because of the nature of the case; an NIW places heavy emphasis on research in the physical sciences rather than social sciences, and the client’s work was borderline. The client worked at a US university as an Ob-Gyn physician and researcher. Finally we decided to file under an NIW, and our office sent in the application on June 28, 2004. The INS then responded with a Request for Evidence on January 4, 2005. With time running short, our office quickly compiled a response which highlighted the client’s leadership, research and educational achievements in a way which could not be ignored. We filed the response on March 30, 2005. The INS reviewed our response and approved the case in a week.

The client retained our office for filing an I-140 immigrant visa petition under a National Interest Waiver. Client was a biomedical researcher with M.D. and Ph.D. who specialized in lipid signal transduction, and was working at a US university. Our office filed the I-140 on September 8, 2003. The INS responded on February 2, 2005 with an outright denial rather than a Request for Evidence. We quickly filed a notice appealing the decision on February 23, 2005 and compiled an argument in a new brief. We sent in the appeal brief on March 9, 2005, and received a quick approval letter reversing the earlier denial from the INS.

The client retained our office for filing an I-140 Immigrant Visa Petition for EB-21 Classification with National Interest Waiver. As a Chinese citizen, our client was an outstanding research scientist specializing in agroforestry and computer modeling of biological systems in the United States. Our client was therefore well-suited to apply under the National Interest Waiver, where certain criteria must be met to show that approval of the client’s visa will be in the “national interest.” We submitted the application package to the Nebraska Service Center of the INS on August 26, 2003. The INS sent back an RFE (Request for Evidence) letter on December 23, 2004. RFEs are issued when the INS feels that the supporting material for the case is insufficient. Knowing that this might be the last chance for our client, we were careful to highlight our client’s uniquely pioneering research in the RFE reply letter. We explained how our client was helping communicate science to the public by making a modeling website which had become an example for modeling groups worldwide. We also emphasized that our client was single-handedly doing groundbreaking research with computer modeling of pastoral agricultural systems, and that his modeling had been adopted by the USDA and state of Florida in several projects. The RFE reply letter was sent to the INS on March 15, 2005. The INS granted approval before the end of the month.

Our client is a postdoctoral research scientist in the filed of biophysics, chemistry and biology who obtained his PhD from Princeton University, one of the best universities in the world. Client is a citizen of P.R. China and first came to the US on F-1 visa with her husband, who accompanied his wife as an F-1 visa holder. On January 2 2004 the I-140 NIW application was received in Vermont Service Center. On April 4 2005, our office received the approval notice for our client’s immigrant petition and we were all ready to proceed with the following steps to obtain green card for client and her spouse.

Our client came from Chungnam, Korea on J-2 with her husband and their 7 year old son in 2000. Our client obtained her Ph. D from a major university in her home country. When the program ended, her I-612 was also approved. We later applied for I-140 National Interest Waiver for her on June 17, 2003, based on her expertise in the elucidation of CAD diagnosis and curing. On August 23, 2004 we received Request for Evidence from Nebraska Service Center, asking us in great details to demonstrate how the national interest would be adversely affected if a labor certification were required and other documents. We promptly responded to this RFE and I-140 was subsequently approved on October 28, 2004.

Our office has obtained and I-140 National Interest Waiver approval filed by a technical researcher with the Nebraska Service Center. This petition was receipted on November 16, 1999 and the approval was granted on June 27, 2000. There was no request for additional information on this case. The alien has a Ph.D. in Mechanical Engineering.

An approval of the traditionally difficult NIH waiver was obtained on behalf of a Ph.D. research scientist. This waiver application was receipted in the Nebraska Service Center on February 18, 2000 and was approved on June 23, 2000.

The Vermont Service Center has approved a self-petitioned National Interest Waiver that was receipted on June 4, 1999. The approval was granted on June 16, 2000.

The Nebraska Service Center recently approved a National Interest Waiver case without any Request for Evidence for an individual holding a Ph.D. who is employed by one of the U.S. National Laboratories. This individual had approximately seven publications and five presentations as well as strong letters of support, including from leaders at the Laboratory. The person's field of expertise involves alternative energy sources

We are really excited about having a National Interest Waiver case approved that originally had been denied by the Nebraska Service Center. Because we believed that the denial was in error, we filed an appeal and filed our Brief. Upon receipt of the Brief, INS, on their own, decided to treat the Appeal as a Motion to Reopen or Reconsider and stated in their Notice that they had "granted the motion for the purpose of approving the application or petition." From denial to approval, the time taken by INS to process this matter was three (3) months and the case never had to be transferred to the Administrative Appeals Unit.

In this case, the person was engaged in chemistry research and had made significant contributions that benefited both academia and industry, both in the United States and in his home country. Furthermore, he had only two publications, but had accepted a post-doctoral position in an Ivy League institution, although he had not yet started that position. Additionally, he had strong letters of support that had an established a proven record of accomplishments throughout his career upon which those providing support letters had commented.

The Texas Service Center recently approved two (2) of our filings without requesting any additional information. One of these cases concerned a researcher conducting medical research at a prestigious regional institution. In particular, the individual's work targeted the control of viral disease through the design of prophylactic and treatment regimens. Additionally, this person has enjoyed success in developing human monoclonal antibodies against viruses. This person had three first author publications and strong letters of support.

In the other case, the TSC approved the NIW Petition of another medical researcher whose research has focused on childhood acute lymphoblastic leukemia, the separation of hematogones from residual leukemic blasts, Hanta virus, and Korean hemorrhagic fever. This person had ten (10) articles/abstracts and strong letters of support from a wide range of researchers in the field, both in the U.S. and abroad. Additionally, this researcher had a strong record of accomplishments and was a proven leader in the field who had been given major supervisory authority in his field.

The Nebraska Service Center approved the NIW Petition of a medical doctor/researcher who conducted research in the area of Physical Medicine and Rehabilitation. The person's research has focused on quality of life issues and clinical trials relative to new therapeutic agents. This researcher also plays a key role in developing clinical measures of functional impairment and disability in various patient groups with the goal being the development of outcome measures in clinical trials. The person had published several papers in the field and had been a respected educator in his home country.

In another NSC approved NIW case, the individual had been conducting research funded by the NIH related to heart disease at one of the nation's premier medical institutions. He made a major discovery in his particular area of research and is currently investigating the mechanism behind his discovery. His research is applicable to clinical therapy research and is aimed at decreasing the incidence of heart disease as well as reducing the risk of transplantation rejection. He had approximately seven published articles and strong letters of support.

The NSC also approved the case of a leading neuroscientist at one of the nation's leading institutions. He has been responsible for bring a higher level of understanding of the complexities of treating acute neurologic emergencies. Among his current research involves studying decompressive surgery in patients with brain swelling after stroke. This individual has a worldwide reputation as a leader in his field and is extremely well written in the field's leading journals.

A polymer scientist's case was also approved by the NSC. This person had published five articles/ abstracts, had received a national award in her home country, and had strong letters of support. She had recently finished her studies and was employed by industry. Among her key contributions to the field was the development of the first scientific understanding of the key properties of a process as well as how to optimize those properties so as to maximize performance while minimizing cost.

In a case involving another medical researcher, NSC approved the NIW Petition of an individual conducting biomedical research at one of the nation's premier medical centers. This researcher's principal area of concentration is heart disease with the focus being at the most fundamental level, the study of genes that when up regulated contribute to the lesions of atherosclerosis.

An NIW was also granted by the NSC for a psychologist who had done groundbreaking work with a recognized world-leader in the field. The psychologist had been responsible for key advances in the field, which were integrated into components of tests commonly taken by children and adults relative to career selections. In addition to strong letters of support, she also had significant teaching and supervisory experience and a distinguished list of publications and presentations.

Another NIW approved by the NSC involved a researcher completing her Ph.

D. The focus of this person's research is diabetes. Because of her impressive contributions and achievements, she had received invitations to conduct her research at some of this nation's most prestigious universities. In addition to critical research findings in her home country, she had also conducted key research in a third country prior to coming to the United States.

The NSC approved the case of another polymer scientist who had only a Master's Degree. The individual had seven articles/abstracts, but had strong letters of support from both academia and industry. His research centered on the development of new materials for the next generation of semiconductor chips. He had also been responsible for the development of novel polymer and polymer ceramic composite materials for the monitoring of sterilization. His work was selected for presentation at leading conferences in his field.

Another case was approved for a researcher working in the development and implementation of methodologies to manipulate DNA molecules with the goal of accomplishing surface-based DNA computations. Because of her key contributions in this field, her work was acknowledged in one of the field's leading publications. She has also been invited to address leading conferences in her field.

An individual working in the field of welding engineering also had his NIW approved by the NSC. This person holds a Ph.D. and is playing a key role in several federally funded projects that have key industrial applications. As a result of his work, problems that had long plagued the field were resolved. He had published widely in the field's leading journals.

Another NIW was approved by the NSC for an individual in the process of pursuing his Ph.D. at a local institution. In particular, his research had a positive impact upon the field of environmental engineering. His research contributions included significant achievements both in his home country as well as in the United States. In addition to his three articles/abstracts, he had won several awards and had strong letters of support.

The California Service Center approved a National Interest Waiver case for an individual with a Master's Degree in pharmaceutical sciences who is currently pursing a Ph.D. in the area of Cellular Molecular Pharmacology and Physiology. She has played a pivotal role in research, including that related to the Superfund clean up as a result of precious metal mining. The focus of her research has been on the distribution of selenium in the avian and mammal populations. She has also conducted critical work on a government-funded project related to a family of calcium ion channels. In addition to having published several articles, she also had very strong letters of support.

The Nebraska Service Center approved a National Interest Waiver case for someone with a Ph.D. who is conducting genome research at a National Laboratory. His previous focus had been in the area of genome mapping and molecular genetics relative to soybean. His current focus is on the search for genes relative to humans. While his publications had not been extensive, he had several very strong letters of support.

The Nebraska Service Center also approved a National Interest Waiver case for an individual with a Master of Science Degree in Geology who was conducting pioneering work related to eliminating environmental pollution resulting from scrap tires. While he did not have extensive publications there was support from the Ohio EPA and the Army Corps of Engineers.

National Interest Waiver (NIW) cases continue to be available, despite rumors to the contrary. Recently, our office has received a number of phone calls and e-mails asking whether or not the NIW category was still available. The answer is that YES, INS is still approving NIWs, although it may be taking a little longer than we would like for the Service Centers to adjudicate the cases.

For example, from the Vermont Service Center, we recently received two (2) approvals for very tough cases. One case involved a Social Worker who was working with battered women and pregnant teenagers. While the work, on its face, appears to meet the "substantial intrinsic merit" prong of the Matter of New York State Department of Transportation test, the questions that the Service Center raised in a Request for Evidence concerned what set this foreign national apart from others in the field as well as how this work was national in scope. We were able to establish, to the satisfaction of INS, that the foreign national, through her publications, critical role in various projects, and role model status, that this person would "serve the national interest to a substantially greater degree than would an available U.S. worker having the same minimum qualifications." In terms of the "national scope" prong, we were able to establish how the work the person did benefited the United States as a whole and not just the geographical area of employment.

In another Vermont Service Center approval (without a Request for Evidence), an individual in the data mining field received approval of his National Interest Waiver. The individual has clearly played a critical role in the field, was able to obtain numerous letters of support, and had a significant number of publications and presentations.

The Vermont Service Center is NOT the only Service Center to be approving cases. The Nebraska Service Center has approved National Interest Waiver cases that our office has filed with it. For example, one case involving a medical researcher, holding the equivalent of an MD degree and having a Masterâ€TMs Degree from her home country, conducting research at a leading U.

S. institution was approved recently by NSC. This individual was acknowledged to play a critical role in a government-funded research project. The person had published articles, but many of those were published in journals in her home country.

In another case, the NSC approved a National Interest Waiver for a Polymer Engineer who had already earned a Ph.D. This person had minimal papers published, although several had been submitted and were pending. This individual had received an internship offer from a prestigious U.S. company and proof of that fact had been submitted.

The NSC also approved a case for a researcher who had received a J-1 Waiver from NASA due to the recognized critical nature of his work to NASA and to the United States as a whole. Again, this person had several published articles and numerous letters of support were submitted on his behalf, including some from distinguished individuals at NASA.

Our experience has been that all INS Service Centers are backlogged in terms of processing I-140 Petitions for Alien of Extraordinary Ability cases as well as NIW cases. Some Service Centers, such as Texas and Nebraska, appear to be slower than others, such as Vermont. However, it should be noted that NIWs are still a viable option in some cases in spite of Matter of New York State Department of Transportation.

For those concerned about NIWs, EB-11 Alien of Extraordinary Ability and EB-12 Outstanding Professor/Researcher may be options worth pursuing. Like the NIW, the EB-11 case is a self-petition case meaning that an employer does not need to sign the Petition form. On the other hand, the EB-12 case is employer specific and the employer must sign the Petition form. Given the second preference quota situation for those from Mainland China and India, first preference cases offer some advantages worth considering.

In terms of our EB-11 successes, the NSC recently approved an EB-11 filed on behalf of an individual conducting research in the field of analytical chemistry. While he had published some articles, there was also proof that he was invited to author a chapter in an up-coming book. Additionally, he had presented his work at leading conferences and was a member of leading organizations in the field. His works have been cited by others in the field and he had been given supervisory authority in his home country. This person had also received travel grants and a substantial research grant from his university while pursuing his Ph.D. The researcher had received admission into highly elite educational institutions in his home country as well as the United States. He has continued to play a critical role for organizations with a distinguished reputation while in the United States.

Another EB-11 was approved for one of our clients, a Reliability Engineer, who worked for one of the major automobile manufacturers in the U.S. He now works for a major automotive component manufacturer. He is instrumental in his employer's development of reliable electrical components for automobiles. Respected throughout the world, he is a reviewer for two professional scientific journals.

With numerous articles in leading journals, an EB-11 was approved for a Ph.D. student in the Department of Mathematics whose research focuses on functional analysis. He was also an Associate Professor and served as a journal reviewer in his home country prior to coming to the U.S.

An EB-11 was also approved for a Chemist who was performing pharmaceutical research. She is currently with a major university, although she has received offers of employment with several large pharmaceutical companies in the U.S. The author of a number of publications, she has also presented her work at one of the world's leading scientific conferences.

Most of our EB11 and O visa cases continue to be approved by the Service Centers.