Green Cards Through National Interest Waivers

Optical Laser Spectroscopy Physicist
The Texas Service Center granted a national interest waiver petition in the EB-2 category for a physicist with a Ph.D. and over 15 years experience in the field of Optical Laser Spectroscopy, specifically Ultrafast (Picosecond and Femtosecond) laser application, for the development of semiconductors, solar energy conversion, an optical tomography.

Applicant did not have a U.S. job offer, but documented his temporary research position at a U.S. university. Documentation of applicant’s abilities included letters of recommendation from prior employer and various experts in the scientific community, over eighty articles published by applicant, membership in the American Chemical Society and Optical Society of America, participation in scientific review panel for International Science Foundation, and two fellowship awards.

Documentation of national interest consisted of evidence that applicant’s area of expertise and research would benefit the U.S. by improving the environment, the economy, and health care. Counsel submitted letters from U.S. university professors describing two federal grant applicant is currently working under. The first is a grant by the Department of Energy for which applicant is researching solar energy conversion. The second grant is from the U.S. office of Naval Research through which applicant is studying the application of ultrafast lasers in the development of advanced semiconductors. Also submitted was a U.S. Patent for an optical tomography device developed by applicant.

PSYCHOLOGIST

Psychologist
Proven that his work in the area of HIV/AIDS related high risk behavior will provide valuable information not readily available in the United States and allow him to make significant contributions in the determination and assessment of the psychological factors associated with high risk behavior in the transmission of HIV.

Psychologist
An I-140 petition seeking a national interest waiver filed by an international aid agency in behalf of a migrant worker outreach coordinator was approved on October 7, 1993 by the INS in Lincoln, Nebraska, designating the alien E21. The I-140 was filed on July 22, 1993 and was returned to the petitioner twice. On the first occasion it was returned for further documentation of whether or not she had "exceptional ability." The second time it was returned to determine whether or not she had a degree equivalent to a masters degree. Upon my recommendation, she obtained and submitted a second evaluation which documented that she had a Master's level degree and, therefore, her case was approved as an alien with an advanced degree and granted a national interest waiver.

When she first came to see me the beneficiary had been working for the agency for two years in H-3 visa status valid to 5-31-93 and had submitted on 5-17-93 a request to change status to H-1B which had been returned to her for Lincoln for further documentation. She came to see me to analyze the request for further documentation. At that time, upon analysis of the regulations, I determined that an H-3 may not change to H-1 without being out of the country for six months.

I further determined that she appeared to be eligible for standing as a professional with an advanced degree or an alien of exceptional ability and that her work for the agency in migrant programs directed at community literacy and health care merited a national interest waiver. Letters and articles concerning the migrant program appeared to support national interest. Her level of education was not clear. Her degree from Uruguay appeared to be more than a Bachelor's Degree in Psychology; however, the evaluation she had obtained did not evaluate her degree to be equivalent to a Masters Degree in Psychology. She had approximately 15 years of experience as a counselor in Uruguay as well as in literacy programs, mostly with the L.