Green Cards Through National Interest Waivers

ENGINEER

Aerodynamics Engineer
Alien has Ph.D. in aerodynamics engineering specializing in flight research. National interest argument based on improving U.S. economy, improving wages for U.S. workers, request from interested U.S. Government agency and improving health care.

Evidence submitted: letter from NASA re: significance of research to U.S. advanced aircraft and spacecraft design; letter from leading aerospace company re: commercial application of this research; proof of award for innovation in the U.K. and press clippings indicating research has applicability to medical instrumentation used in surgery leading to improved quality of health care.

Biomedical Engineer
The Eastern Service Center approved a national interest petition for a Biomedical Engineer. Beneficiary has a Ph.D. in Biomedical Engineering. The beneficiary’s work involves the identification of promising technologies at government entities (DOE, NASA, DOD, etc.) and defense contractors, and facilitating the assimilation of such technologies into the Medical Rehabilitation Model to benefit individuals with disabilities. The beneficiary’s research focuses on Virtual Reality (VR) simulation technology in diagnostic, therapeutic, and educational applications to facilitate rehabilitation of individuals who have suffered neurological illnesses and injuries.

The national interest argument was based on improving U.S. health care. In the area of VR, the beneficiary developed innovative VR interface paradigms and coupled these to hitherto under-utilized modeling strategies to enhance the quality of VR. Potential applications of this technique in health-care include surgical simulation (to stimulate tissue palpation), surgical training and education, and restoration of feeding for the handicapped. Non-invasive instrumentation developed by the beneficiary provides patients with audio-visual feedback during therapy.

Supporting documentation included the following: letters from previous employers and professors under whom beneficiary studied in the U.S.

Civil Engineer
Claims Avoidance Manager for a large construction company - had degrees in civil engineering, MBA and law. He was a professor of civil engineering for many years in South Africa. Job involved complicated analysis of work flow and time flows for large multimillions dollar construction projects and negotiation and avoidance of disputes over initial and amended contracts resulting from the inevitable changes that occur in these types of projects. Amounts in dispute may reach millions of dollars. The goal is to avoid and resolve disputes between the parties without costly litigation.

Submitted letters from a number of "owners", the party for whom the work was done, verifying the benefit and savings. Some were governmental bodies, i.e., cities, authorities, etc.. for larger public works projects, and we stressed savings to the taxpayer. We also submitted letters from construction experts relating to the costly explosion of litigation in the construction industry and the great savings and benefit of claim avoidance.

Electric Engineer
Employee in H-1B status was granted a national interest waiver to work for a sister corporation as a project manager facilitating market development and sales of U.S. industrial technology to the People Republic of China. Employee holds a BA Degree in Electric Engineering and has held 13 years of progressively advanced positions, as explained by my office.

We argued that this position will improve the U.S. economy by facilitating tens of millions of U.S. dollars worth of foreign sales of U.S. products; by improving the U.S. balance of trade with China; and by causing the employment of many U.S. workers in the production of industrial products for export.

In support of these assertions, we submitted a letter from a professor at a Graduate Business School of a University; a letter from the President and C.E.O. of the petitioner's parent corporation; and a letter from the Vice President of Operations of a U.S. firm involved in exporting industrial technology to China. The latter two individuals submitted second letters upon the request of the INS for further documentation, and the petition was then promptly approved.

Electrical Engineer
Multimedia P.C. Products Research: The alien submitted an I-140 from his employer, showing that his work as a Ph.D. in electrical engineering for a leading firm in the multimedia P.C. products business would involve research in two of these twenty-two "critical technologies" areas: 1) high definition imaging and display; and 2) sensors & signal processing. A copy of the relevant portions of the report was submitted. Additional documentation confirmed the economic importance of this work, and of the leading nature of the employer in the field.

Electrical Engineer
Robotics Software Engineer: The alien submitted an I-140 from his employer, showing that his work as a M.S. in electrical engineering for a leading firm in robotics involving integrated manufacturing of electronics products would involve work in two of these twenty-two "critical technologies" areas, 1) flexible computer integrated manufacturing, and 2) intelligent processing equipment. A copy of the relevant portions of the report was submitted. Additional documentation confirmed the economic importance of the is work to leading U.S. electronics manufacturers who purchased the employer's manufacturing products.

Electrical Engineer
The petitioner/beneficiary, a self-employed Electrical Engineer, proposed to provide electrical engineering consulting services to manufacturers on a variety of engineered products, with particular reference to electrical control systems and other engineered electrical products. In addition, the petitioner/beneficiary sought to establish a wire harness manufacturing facility. The argument made by the petitioner/beneficary in support of the national interest waiver was based on improving the U.S. economy.

The beneficiary's plans would improve the U.S economy through the following ways: (1) make available to American manufacturers specialized knowledge about electrical engineering requirements in India, allowing American firms to penetrate Indian markets; (2) make available consulting services of a proven innovator, helping American companies develop new solutions to electrical engineering design and development problems; (3) help American companies secure contracts with India which will impact favorably on our balance of trade by virtue of the beneficiary's extensive knowledge and contacts developed over thirty years in India; (4) provide sales and services to the U.S. economy, providing higher-level technical engineering know-how and practical knowledge about the Indian market; and (5) provide valuable inside information on Indian labor and manufacturing markets for engineered electrical products, enabling American companies to reduce the cost of their products, making them more competitive.

The beneficiary's education and experience credentials were submitted in support, along with evidence of his membership in professional associations. In addition, evidence of the beneficiary's significant contributions were provided, including a national award from the government of India, three awards from an Indian iron and steel company, an article regarding his innovations, a patent for the design of an electronic automobile security system, proof of various companies who had retained his services and royalty and know-how fees for his development of a process for the manufacture of drill panels. Also, photographs of industrial electrical control panels of the beneficiary's own design, the beneficiary's proposal for the consulting service and his extensive plans for the design, development and marketing of wire harnesses were also submitted.

Engineer
The applicant was a citizen of the People's Republic of China (PRC) and had a Doctorate in Metallurgy. Applicant is employed by an corporation in North Carolina that has been a major international supplier of thermal plasma heating systems used in industrial, commercial and research applications in the metallurgical, materials and environmental industries. The application for a national interest waiver of the job offer requirement was based on the argument that applicant was participating significantly in technology that would provide improved methods for making high technology ceramic materials and nanostructural powders; provide precise temperature control in metal continuous casting, and efficient and safe methods for disposing and destroying municipal, hazardous, medical biological and nuclear radioactive wastes. It was also noted that applicant's employer was a substantial exporter of its technology, particularly to the PRC and Japan.

Letters in support were submitted by the heads of research departments of United States and Chinese universities, as well as export agents who testified as to the substantial foreign trade conducted by applicant's employer. Copies of reports of government agencies identifying areas of "critical technologies" to the United States, further letters in support and a personal statement of the applicant specifically addressing how his continuing work impacts on these "critical technologies," were also submitted.

The application was submitted on the basis of both an "advanced degree professional" and "prospective national benefit" of the applicant's continued employment.

Field Engineer
The beneficiary, a Field Engineer, is responsible for delivering services to small manufacturing companies which will enhance their productivity and technological performance. 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, NIST/Mid-America Manufacturing Technology Center (MAMTC) of Wichita State University, provides services including training, engineering, consulting, demonstration of factory equipment, and industry networking programs in quality, CAD/CAM, electronic data interchange and process planning. Kansas Technology Enterprise Association (KTEC), the sponsoring organization to MAMTC, fosters technology innovation and the creation, growth and expansion of Kansas enterprises. Field Engineers are the primary point of contact for manufacturers seeking MAMTC's assistance. Their primary function is to aid companies in determining their needs and obtaining assistance with technology.

A letter from the Regional Manager of the U.S. Department of Commerce, National Institute of Standards and Technology (NIST), which expressed unqualified support for the beneficiary's application, was provided. Also, numerous news and magazine articles regarding the services MAMTC provides to small businesses were provided, as well as four letters of support from the Executive Director of the National Institute for Aviation Research (NIAR), the Vice President of Grants for KTEC, the Vice President of Operations for MAMTC, and the Chief Executive Officer of MAMTC, respectively.

Geotechnical Engineer
Duties: Evaluation and retrofitting of earthquake-damaged structures

Supporting Documentation: Bachelors and Masters Degree in Geotechnical Engineering; Letter from employer describing multimillion dollar projects for governmental entities in which applicant participates; Newspaper articles about damage to Southern California by earthquake; Newspaper articles comparing seismic readiness in the U.S. to that in other countries.

National Interest Argument: Public Safety

Mechanical Engineer
The Vermont Service Center approved an EB-2 national interest waiver for a mechanical engineer. The applicant has a M.S.M.E. (1992) with emphasis in vibrations, solid mechanics and design reliability. He is currently on an H-1 as a test design engineer, where he designs and tests automobile parts for safety and environmental protection. Exhibits were submitted to show applicant's expertise with design, analysis and testing area. Copies of articles written by applicant were also submitted.

Research Engineer
Duties: R&D of flight recorder (black box)

Supporting Documentation: Evidence of Bachelor in Mechanical Engineering; Articles from various scientific publications regarding function and importance of black box; Report from FTSB of U.S. Standards for black box; Documenting over 10 years of experience in black box technology research; Detailed declaration of applicant setting forth research in the field.

National Interest Argument: Public Safety

Transportation Engineer
The beneficiary is a Transportation Engineer with an engineering consulting firm. His work is at the forefront of high tech transportation consulting, traffic planning, congestion management and computer modeling for local, state and federal programs as well as for private industry; and is integrally connected to assisting the local and state governments to meet federal mandates.

The argument made by the petitioner in support of the national interest waiver was based on improving the U.S. economy and environment and making more productive use of natural resources. The petitioner submitted a letter from an interested state government agency, the Illinois Department of Transportation; copies of the Clean Air Act, the Intermodal Surface Transportation Efficiency Act of 1991, and the Congestion Management Act; a listing of the beneficiary's past projects; an analysis of the air quality following the implementation of one of the beneficiary's projects; a mathematical model developed by the beneficiary comparing multiple alternatives in a transportation study; the beneficiary's proficiency in TRANPLAN; his professional association memberships; and his research published by the National Research Council of the Transportation Research Board.

The case was remanded by INS, stating that the evidence submitted did not "establish that a job offer would be in the national interest," and further stated that the evidence "should establish the significance of the program or activity in which the alien is engaged and the significance of the alien's participation in the program or activity."

In response, a legal brief was submitted on the issue of the correct standard to be applied in this case. In addition, new documentation was provided to establish that the activity is in the national interest, including letters of support from two U.S. Senators; quotations on the importance of the beneficiary's type of work by the Secretary of Transportation, the Director of Government Policy Research, Senator Edward Kennedy and a Federal Highway Administrator; newspaper articles; a copy of a study linking air pollution to life span; letters of support from the Director of Transportation and Environmental Services in Illinois and from an internationally recognized expert serving on two of the Transportation Research Board's national committees.

ENVIRONMENT

Beneficiary works for the state government in the Department of Environment and Conservation (DEC) administering the National Pollutant Discharge Elimination System (NPDES), a Federal water protection program. DEC petitioned in behalf of Beneficiary.

National interest in water quality control was established with articles from environmental journals and summary of the Federal EPA Storm Water Regulation. Also included State promotional literature on the water quality protection program.

Since Beneficiary was relatively new in the field, we needed to strongly establish that he was of the calibre and had a proven track record to serve our national interest. Evidence included:

1. Several letters from superiors at DEC that Beneficiary was "the finest" Environmental Engineer in the office and the most qualified NPDES administrator statewide.

2. Letter from his graduate school advisor who described Beneficiary's outstanding research as a graduate student.

3. Letter from Department Chair where Beneficiary now teaches undergraduate classes in Environmental Engineering describing his outstanding teaching abilities and breadth of knowledge.

Environmental Engineer
Petitioner is a private environmental research firm credited with the development of electrokinetic remediation technology. The technology, which was invented and patented by the petitioner, offers a new method for removing heavy metals and lead from soil. This method may prove more cost effective than current methods of soil decontamination.

The technology has caught the interest of the Army, as well as the Department of Defense, in light of the congressional mandate of the Base Realignment and Closure (BRAC). BRAC directs the closing of many contaminated military facilities, with the land to be turned over for public use. However, the contamination must be removed effectively, at government expense, for this mandate to be accomplished.

The beneficiary is an environmental engineer employed in the job title of Project Manager, directing a small scale field study of the remediation technology in collaboration with, and under a grant from, the U.S. Army Corps of Engineers. The beneficiary holds a Ph.D in Civil Engineering with environmental engineering concentration, and has worked with the petitioning employer for several months and thus has extensive knowledge of the research and development of this technology. The beneficiary is touted as a key member of the research team conducting field tests on the reliability and efficiency of electrokinetic remediation, and the petitioner asserts that his expertise may have significant impact on the success of the field study.

The petitioner included evidence of the beneficiary's advanced degree, and, in support of National Interest Waiver, a letter from the U.S. Army Corps of Engineers project officer which discusses the benefits offered by this new technology; this letter was supplemented with evidence that the beneficiary has been granted a special clearance by the Defense Security Agency to permit him to enter and work at a military installation.

Additional evidence included letters of support from university professors citing the promise of electrokinetic remediation technology (one of whom had formerly been a program director with the National Science Foundation); several articles published in refereed journals regarding electrokinetic remediation; press articles regarding the Army grant awarded to the petitioner; and press articles concerning the massive cost associated with cleaning contaminated sites using techniques currently available.