Green Cards Through National Interest Waivers

Researcher
The Western Service Center recently approved an EB-2 national interest waiver for a Researcher. The applicant holds a Ph.D degree in Applied Chemistry from University of Beijing. He has conducted research on drug synthesis and has had success in synthesis of optically pure alcohols to produce medicinal compounds. A Nobel prize winner for research on rational drug design confirmed the importance of the alien's research work. Other exhibits submitted were five testimonial letters from researchers and professors in field of national drug design; proof that alien has been published in research journals and cited by other researchers in the field.

Researcher
The applicant was a citizen of Taiwan (ROC) and had a Doctorate in Philosophy. Applicant is employed by an agricultural research corporation in Hawaii and is doing research for the improvement of the quality of pineapple and resistance to nematode pests. Letters in support were submitted by professors attesting to the research, the USDA, and also from private companies involved in Hawaii in the pineapple industry.

The application was submitted in March 1996 and the California Research Center requested additional evidence as to the exceptional ability of the applicant. After submitting a response that the application was being submitted as an advance degree professional and not under the category of exceptional ability, there still was no response for several months. The California Service Center then responded that while it did recognize a response was received, it could not locate the file and therefore requested for copies of be resubmission.

Researcher
The beneficiary was employed 75% of the time with a university and 25% of the time with a pharmaceutical company. An advisory opinion was solicited from the Central Office of INS on whether a petitioner could sponsor a beneficiary as an outstanding researcher with less than a full-time job. INS indicated that the beneficiary must be 100% employed by the petitioner in an outstanding researcher case. We therefore filed the National Interest case, similar to other Post Doctoral positions, and the case was approved.

Biomedical Researcher
The Vermont Service Center approved on resubmittal the EB-2 petition of a Chinese biomedical researcher who had received her education during the "Cultural Revolution," when the PRC government actively discouraged scientists from seeking formal degrees, and much of the scientific research in China was conducted by investigators who never acquired what would be recognized in this country as an "advanced degree." Before coming to the United States, she had made important discoveries in the area of environmental carcinogens and tumorigenesis, and had published extensively in Chinese journals. She continues to work in this field, at a large private medical and pharmaceutical research institution. Letters from colleagues in China, Europe, and the United States established that she is an alien of "extraordinary ability" who will prospectively serve the national interest. Two additional letters successfully responded to INS's request for demonstration that her work, which is directed at the understanding and cure of cancer caused by environmental or pharmacological chemicals, benefits the United States as a whole.

Ceramics-Matrix Researcher
The Vermont Service Center approved a national interest petition on behalf of a university researcher engaged in research regarding advanced ceramics- matrix composites used in high-performance jet engines. A portion of the funding for this research comes from the Department of Defense and a consortium of large private-sector firms. Supporting letters from university faculty identified the petitioner as one of the foremost researchers in the world in the area of computer modelling to predict the strength and reliability of ceramics-matrix composites. The national interest argument was based on the need for the United States to maintain its technological advantage in this type of research for the development of high-performance jet engines, automobile engines and other applications. Evidence submitted included letters from professors under whom the petitioner studied and researched in the United States; copies of articles authored or co-authored by the petitioner; government publications identifying the significance of research relating to ceramics-matrix composites; and evidence of petitioner’s membership in significant professional societies.

Spectroscopy Specialist
Petitioner has a Master's degree equivalent from China and is completing his dissertation research at a US university. At the time of his petition, he had worked for less than one year at a small analytical lab, developing innovative spectroscopic systems and protocols for the laboratory and its industrial clients. His EB-2 petition was based on his extraordinary skills as a specialist in the development of sophisticated yet cost-effective spectroscopic systems for use in the pharmaceutical, food, and environmental monitoring industries. Initial petition included letters of support from professors, associates and clients at major pharmaceutical manufacturer. After about 45 days, the Service requested additional evidence that the petitioner's activities would benefit the United States as a whole. The resubmittal included additional statements from industrial quarters, and from an environmental remediation project manager at a state-level environmental protection agency.

Medical Research Technologist (Sterilization)
Supporting Documentation: B.A. - biochemistry; Newspaper/magazine articles re importance of sterile surgical equipment; Articles regarding the danger of new and complex viruses nonresponsive to antibiotics; Letter from employer regarding the importance of beneficiary's research.

National Interest Argument: Medicine/Public Health

Research Assistant
The beneficiary, a Research Assistant Professor of Physiology, performs important high level research on infertility, and more specifically on the purification and characterization of the proteins involved in the regulation of sperm motility. The petitioner's laboratory has pioneered some of the basic research techniques in sperm motility studies and is at the forefront of research to understand the role of protein phosphorylation in sperm motility. The argument made by the petitioner in support of the national interest waiver was based on improving health care and the U.S. economy. The petitioner provided proof of the beneficiary's educational qualifications; a letter from the National Institutes of Health, a government agency; grant awards funding the research; numerous strong letters of support from distinguished scientists in major universities; a description of the beneficiary's numerous scholarly publications and requests for reprints; evidence of his invitations to participate as a reviewer of other scientists' manuscripts for international journals; and evidence of his membership in two professional associations.

Research Assistant
The beneficiary, a Post Doctoral Research Assistant, performs research in autoimmune diseases that attack the kidney and the lung, and more specifically, studies the molecular characterization of the antigen and autoantibody that is involved in human Goodpasture syndrome. This syndrome is a lethal form of autoimmune disease that is characterized by pulmonary hemorrhage and renal failure. The beneficiary recently achieved progress in genetically engineering the antigen and preparing it by recombinant DNA technology using mammalian cell systems. Moreover, he developed a potential new form of therapy for this disorder. The argument made by the petitioner in support of the national interest waiver was based on improving health care and the U.S. economy. The petitioner provided documentation of their recent research achievements and the international recognition garnered from those achievements; grant awards for the research; a letter of support from a government agency, the Department of Health & Human Services; the beneficiary's international scientific articles; evidence of the beneficiary's invited participation at a Gordon Research Conference and other invitational international meetings; letters of recommendation from eminent researchers in the field; and the beneficiary's educational qualifications.

Research Associate
The petitioner/beneficiary, a Research Associate (Pharmaceutical Chemist), performs research into how drugs, developed to cure a number of diseases and disorders affecting the brain, can get past the Blood Brain Barrier (BBB). The argument in support of the national interest waiver was based on improving health care and the national economy.

The BBB surrounds the human brain, and in order to keep out harmful substances, is very protective of the brain. However, while harmful substances cannot penetrate the BBB, neither can beneficial substances such as medications. While medical research may have discovered or developed drugs that could cure diseases, such as Alzheimer's and Parkinson's, in many situations the drug cannot cross the BBB. The petitioner/beneficiary's research centers on enhancing the penetration of the BBB by incorporation of the medicinal drug into the cell, the drug's diffusion throughout the cell and transporting the drug to the brain on the other side of the BBB. The increased efficacy of treatment that will result from this research will create a better potential for cure, thus requiring fewer and shorter hospital stays and reduced recovery periods.

A prestigious grant award from the Pharmaceutical Manufacturers Association Foundation, given to only two researchers in the field of pharmaceutics research in 1993, and letters of support and articles regarding the importance of the petitioner/beneficiary's research were provided. In addition, evidence of the petitioner/beneficiary's membership in professional associations, including scientific honor societies was submitted, along with the abstracts of the beneficiary's published scholarly, research articles. The petition was initially denied, approximately 60 days after submission on the grounds that the petitioner failed to establish that the beneficiary's research would significantly improve health care and the economy of the nation and that the only evidence submitted was generic articles. On appeal, the counsel responded that there was in fact substantial particularized evidence that had been submitted but was overlooked by the examiner. This evidence, including a detailed letter from one of the nation's leading experts in the field, was reiterated. Counsel also argued that, given the quality and quantity of evidence submitted by the beneficiary, the decision was inconsistent with other national interest decisions, particularly for research scientists, and provided evidence to that end.

Research Associate
The petitioner/beneficiary, a Post Doctoral Research Associate, performs research on the cellular and genetic mechanisms that are responsible for causing prevalent hormonal cancers. The argument in support of the national interest waiver was based on improving health care and the national economy. Currently it is estimated that approximately 40 to 60% of all cancers are hormone-related. Knowledge of the genetic mechanisms leading to hormonal cancers, leading to early detection and treatment, will improve health care and alleviate exorbitant medical costs, thus, also improving the national economy.

In addition to a letter from the beneficiary's present employer, the Director of the Cancer Center, six letters of support from experts in the field were provided. Also, a previous grant from the American Cancer Society was submitted, along with proof of the beneficiary's scholarly publications in international journals.

Research Associate
The beneficiary, a Post Doctoral Research Associate in Pharmaceutical Chemistry, performs important high level research on how certain compounds get across the Blood Brain Barrier (BBB), to the Central Nervous System. More specifically, his work centers on enhancing the penetration of certain potent peptide and peptide nucleic acids (PNA) across the BBB to the brain.

The argument made by the petitioner in support of the national interest waiver was based on improving health care and the U.S. economy. Delivery of such peptides and PNA's to their target without toxic effects will increase the efficacy of the treatment of Alzheimer's, Parkinson's and brain cancer. The increased efficacy of treatment that will result from this research will create a better potential for cure, thus requiring fewer and shorter hospital stays and reduced recovery periods. The petitioner provided statistics on Alzheimer's mortality, the high costs associated with brain disorders and evidence that U.S. Congress declared the 90's the "Decade of the Brain."

Also provided was proof of recent approvals of two other visa petitions, both on the basis of national interest, within the same department; a strong letter of recommendation; evidence of a grant from Glaxo, Inc., supporting the beneficiary's research and giving proof of the preliminary patent application of his invention; proof of the beneficiary's two Ph.D.'s and a summary of that work; and evidence of the beneficiary's HLRF Award, an award given each year to only three graduate students in all of India for excellence in their original research. In addition, proof of the beneficiary's membership in an honor society and in two professional associations ("by invitation only"), along with proof of his four scientific publications, published in international journals, were submitted by the petitioner for consideration.

Research Associate
The beneficiary, a Post Doctoral Research Associate, performs federally-funded research directed toward the development of injectable formulations of new anti-tumor and anti- AIDS agents for eventual administration to patients. The argument made by the petitioner in support of the national interest waiver was based on improving health care and the national economy.

Cancer and AIDS are manifestly national health problems of extremely high priority. Interruptions or delays in such research will have deleterious consequences for cancer and AIDS treatment in the future. The national economy will be positively impacted by this research as patients with some of these diseases may be cured or cured faster, reducing lengthy hospital stays and enabling patients to return to the workplace sooner -- all resulting in lower hospital costs, less employee lost time and an economically healthier nation. The laboratory where the beneficiary performs the research is one of only four in the nation doing this specific work for the National Cancer Institute, (a subdivision of the National Institutes of Health).

A five year, $1,000,000 contract from the National Cancer Institute was provided as evidence, along with a letter of support for the research from the National Cancer Institute. Also, proof of the beneficiary's 26 scholarly publications in international journals was submitted, along with a detailed letter from the employer.

Research Associate
The alien has a Ph.D. in metallurgical engineering. He was employed under a TN visa as a research associate at a university- affiliated engineering research center. The center conducts research in plasma-aided manufacturing and is funded by government, university and industry sources.

At the center, the alien performs research in plasma source on implantation into metal, glasses, and plastics to create materials with improved properties (e.g. greater hardness and corrosion-resistance) for use in manufacturing.

Because this was not a permanent tenure-track position, neither the center nor the university was able to serve as petitioner. The alien petitioned on his own behalf seeking classification as an advanced-degree professional and a national interest waiver of the job offer and labor certification requirement.

Documentation included supporting letters from the center's director and the alien's research group letter describing the work of the center and the alien's specific research and educational projects; a supporting letter from one of the center's industry partners describing the importance of the alien's research to the industry's competitiveness; copies of the alien's numerous research publications and professional membership; newspaper articles describing the center's research program, including President Clinton's visit to a related lab, and describing the center's K-12 and undergraduate engineering education outreach program; an article about the effect of metals corrosion on the U.S. economy; and a copy of the center's annual report.

Loosely following the Mississippi Phosphate criteria, we demonstrated that 1) the center and the alien's research was supported by funding from agencies of the national government such as the Department of Defense Technology Reinvestment Program and the National Science Foundation; 2) the alien's research would improve the U.S. economy by improving materials used by major U.S. manufacturers to produce more competitive products in the world market; 3) the alien's research would improve the U.S. environment by conserving metallic ores and other natural resources through development of more durable materials that need less frequent replacement; and 4) the alien would improve engineering training programs for U.S. children by training high school and undergraduate students (particularly minorities and women) to use the center's specialized equipment and helping students with their research projects and materials analysis.

Research Associate
The beneficiary, a Post Doctoral Research Associate in Pharmaceutical Chemistry, performs important high level research on the penetration of monoclonal antibodies into tumor tissue. Monoclonal antibodies are a component of a new class of anti- cancer drugs called "immunoconjugates". The beneficiary's research is specifically directed toward understanding how the properties of the tumor and the antibody influence the rate of penetration. The argument made by the petitioner in support of the national interest waiver was based on improving health care and the U.S. economy.

The petitioner provided proof of the beneficiary's educational qualifications; grant awards from the Whitaker Foundation and the Kansas Health Foundation to perform the research; the beneficiary's appointment as a Kansas Health Foundation Post Doctoral Scholar; a mission statement from the Kansas Health Foundation; letters of recommendation from eminent scientists in the field; evidence of the beneficiary's Proctor and Gamble Research Fellowship, a prestigious competitive award; the beneficiary's nomination for Outstanding International Woman Student; evidence of the beneficiary's invitation to participate at an invitational international meeting; proof of the beneficiary's membership in an honor society and professional associations; and proof of recent approvals of three other visa petitions, all on the basis of national interest, two within the same department and one in the field of drug delivery.

Research Engineer
Immigrant has a Ph.D. in Engineering Mechanics. The private company research involves improvements in glass fiber-epoxy composite laminates over hardwood to improve the durability and reduce the thickness of wood flooring in truck trailers. The national interest argument was based on environmental improvement by reducing demand for hardwood and the U.S. economy by improving international competitiveness.

Evidence submitted: letters from company president and three professors under whom immigrant studied in U.S., all relating to both arguments; copies of 11 scientific articles co-authored by immigrant dealing with aspects of the science involved.