Case Summary:

Our client is a postdoctoral researcher who obtained his I-140 approval for an EB2 NIW green card back in December 2023. In order to qualify for this category, the petitioner must demonstrate that he holds an advanced degree and abide by the Dhanasar matter. This is a three-pronged test that includes detailing an endeavor for the work in the United States and why it is of National Importance, describing why he is well-positioned to advance such an endeavor, and why on balance it is beneficial to the US to waive the requirement of a job offer.

In this case, the client sought assistance from the North America Immigration Law Group in submitting an I-140 NIW petition in order to secure approval without the need for a Request for Evidence (RFE). We evaluated his outstanding research background and decided to take his case, given the reputation of our legal practice and the over 32,000 successful employment-based visa petitions we had submitted. The objective was to draft a comprehensive NIW petition packet that included all pertinent details:

• We noted that he published 20 peer-reviewed journal articles, 2 peer-reviewed conference articles, and 1 book chapterin no less than 11 highly-ranked journals, gathering a total of 538 citations, thereby confirming that these publications are widely recognized and relied upon in the field of chemical engineering.
• Also, to date, he has finished at least 11 peer reviews. Evidently, our client is regarded as extremely competent in the field and an expert in topics connected to his proposed venture given that only the most highly recognized experts in the field are invited to evaluate the work of their peers, especially in important venues.
• Furthermore, we discussed how his intended research is focused on synthesizing, characterizing, and testing catalytic materials to enhance the energy security of the United States.
• We deduced that his research advancing his proposed endeavor is of great importance because it presents solutions to directly address the growing concerns related to the global climate crisis. Due to its clear national importance, his research has in fact been supported with funding from the National Science Foundation. This funding is reserved solely for research directed at advancing the national interest, including studies that “advance national health, prosperity, and welfare”.

We started preparing for his I-140 package in September 2023 and it took approximately three months for him to get everything ready for submission to USCIS. He used Premium Processing to expedite the decision. That’s why once he submitted his petition in December 2023, it only took 7 days for USCIS to notify him of his I-140 approval.

Following our Attorney’s opinion, our client provided more details about his future work in the U.S. and included more evidence of how his endeavor will help the decarbonization efforts in the U.S. His NIW approval was granted just in time for the holidays, right before the year ended. He was overjoyed to find that all of our efforts and the many hours put in had paid off, as was our team. We congratulate him on this outstanding achievement.