Green Cards Through National Interest Waivers

Songwriter Performer
The INS Western Service Center recently approved an I-140 visa petition for an Alien of Exceptional Ability in the Arts with a National Interest Waiver. The Petitioner is a songwriter, performer, and producer of children's music. Petitioner's music has a strong emphasis on Jewish themes: culture, Hebrew language, etc. To satisfy the exceptional ability standard, petitioner submitted evidence showing many years performing/writing/producing experience, a degree in field of fine arts and developmental psychology, membership in children's educational associations, as well as letters from peers evidencing her recognition in the field of children's educational music.

To satisfy the national interest waiver, petitioner submitted evidence that she had and would further enhance children's educational programs in the United States. She submitted evidence of her numerous children's concerts, early childhood workshops and lectures. Petitioner submitted numerous letters from parents, rabbis, and peers in the field of early childhood education stating that her music had the unique ability to teach children basic skills, environmental issues, art, Jewish culture and language with enthusiasm and fun.

Over 100 exhibits of mostly letters and performers/workshop flyers were submitted with the petition

TEACHER

Teacher
The beneficiary, an Adjunct Faculty Member in the Department of Humanities, teaches music to undergraduate students and performs as a touring artist and teacher. He is also a world- class performer on the bayan, a Russian folk instrument like the accordion. The beneficiary's artistic program, entitled "Russian Kaleidoscope" is a multi-media, educational, interactive presentation about Russian culture through the arts.

The argument made by the petitioner in support of the national interest waiver was based on the improvement of U.S. education for U.S. children, through the facilitation of cross- cultural communication. The petitioner first described other similar national interest cases that were approved for aliens in the arts. Testimonial evidence, in the form of programs, a letter from the Executive Director of the Missouri Arts Council, the Girl Scout Council's newsletter, and letters from schools, parents and children were provided in support, as well as invitations and future engagements. The petitioner also described the importance of U.S. participation in the education of children toward a global understanding of the formerly communist countries of Eastern Europe and the former Soviet Union.

Teacher/Secondary
Duties: Instruct general subject to elementary school students and incarcerated juvenile offenders

Supporting Documentation: Newspaper articles describing financial disaster of school district; Newspaper articles regarding socio-economic and ethnic makeup of school district; Transcript from television show emphasizing importance of rehabilitation of prisoners; Bachelor and Master Degree of applicant; Teaching credential of applicant. Multiple favorable appraisals by Principal of applicant; Awards received by applicant from school/principal; Letters from City Parks and Recreation Dept. confirming community service of applicant.

National Interest Argument: Education

Teacher/Director
Compelling documentation established that programs developed by Teacher/Director of Day Care Center created strong academic skills and positive behavioral traits in pre-kindergarten children, resulting in national interest waiver approval.

Documentation included:

Letters from the director of the Day Care Center establishing the beneficiary’s importance.

Letters from local public school principals establishing that numerous graduates of this particular center frequently skip kindergarten and are placed into advanced/gifted programs.

Letters from parents establishing their high regard and appreciation of the positive impact the beneficiary’s innovations have had on the lives of their children.

TOBACCO-CONTROL EXPERT

Tobacco-Control Expert
The Vermont Service Center approved an I-140 and a national interest waiver application for a recognized leader from the Canadian tobacco-control movement. The beneficiary is coming to work for a health care consulting firm on NIH-funded tobacco- control initiatives. The application was based on grounds that the beneficiary will promote important federal programs and policies designed to reduce tobacco use, which will benefit the public health, the economy and the environment. Submissions included proof of 14 years of experience in tobacco-control interventions and letters from the National Cancer Institute, the US Centers for Disease Control and Prevention, and the American Cancer Society.

TRADE EXPERT

Trade Consultant
Duties: Consult with U.S. companies regarding procedures and mechanism for conducting trade between the U.S. and home country.

Supporting Documentation: Bachelor's and Master Degree; Evidence of teaching university level courses in economy and trade; Newspaper articles regarding trade deficit; Newspaper articles regarding importance of trade between applicant and native country.

National Interest Argument: U.S. Economy; Balance of Trade

Trade Consultant
Duties: Manage import/export firm and consult with U.S. businesses as trade specialist.

Supporting Documentation: Copy of B.A. Degree; Proof of in excess of 10 years experience in the field; Copies of checks received from major U.S. corporations verifying consultation services paid to applicant; Newspaper articles documenting the trade deficit; Quote from President Clinton regarding the importance of trade with emerging new markets; Copies of letter of credit and bills of lading evidencing flow of trade up to $1 million; Copies of bank statements documenting substantial business activity.

National Interest Argument: Economy

Trade expert -- U.S. and Eastern Bloc countries
Proven that by arranging the export of a variety of merchandise from the United States, she is not only contributing to the reopening of the Eastern European market and helping Hungarian companies to market American products, but her work also serves to increase the employment of U.S. workers in the manufacturing sector.

VOLUNTEER COORDINATOR

Volunteer Coordinator
The beneficiary works for a nonprofit homeless services agency. Duties include recruitment of volunteers in various professional and nonprofessional disciplines. Beneficiary is also responsible for their assignment where need is greatest and their services will be most effective. Beneficiary holds MS Degree in Economic Development from a regionally accredited U.S. University and over five years experience designing and implementing community development programs and models for agencies of a foreign government.

Petitioner is a non-profit homeless services agency which focuses on development of small communities which offer shelter and services to urban homeless.

Supporting documents stressed increasing dependence on volunteer services as governmental funds are scaled back due to budgetary limitations. Evidence included Affidavits from officers of charitable organizations verifying increasing dependence on volunteer services as alternatives to governmental programs. Community and civic leaders supplied affidavits and documentation as to the positive and measurable effect of the Petitioner's efforts on both the lives of indigent homeless and on the urban spirit in the city where Petitioner's services are rendered.

On argument, point was made that national interest is served by facilitating effective exploitation of volunteer resources by charitable, nongovernmental human service agencies.

WRITER

Writer
The Western Service Center approved an EB-2 national interest waiver for a children's writer. The applicant has an MD and is both a practicing doctor and a writer of children's stories which educate children on health issues, anatomy, etc. Exhibits submitted to show applicant's prospective contribution to the welfare of children, education, and the economy, were: 1. testimonial letters from peers, members of Board of Education and educators demonstrating the need for educating children on health issues; 2. Copies of children's books written by applicant; 3. Articles written about applicant both in her home country and in Latin America. 4. Prizes and awards earned by applicant as a writer of children's books.

Writer
The petitioner/beneficiary is a writer, critic and poet. In addition to her own artistic endeavors, who has interviewed and profiled numerous cultural figures, written commentary on U.S. cultural affairs, and helped to organize cultural events. Much of her work, freelance contributions to prominent European newspapers, radio stations and magazines, has served to increase cultural understanding between the U.S. and Europe. The benefits of this exchange have flowed demonstrably in both directions. Our argument centered on the benefit to the United States in creating and maintaining such cultural bridges, facilitating artistic exchanges, furthering appreciation of the respective cultures and the like.

Evidence submitted included a listing of the articles and features written by the petitioner/beneficiary in recent years, which indicated the depth and breadth of coverage that she has provided. The petitioner/beneficiary provided a list of the many prominent, mainly American, figures in the arts and letters that she has interviewed and profiled. Also submitted were numerous letters of journalists, arts foundations, literary figures and diplomats representing the petitioner/beneficiary's native country.

The case was approved by the Eastern Service Center in five weeks and was not certified for AAU review. As the case was filed during the period of rather bizarre adjudications and kickbacks by the ESC, we took pains to point out that Mississippi Phosphate is not all things to all petitioners and does not carry the force of regulation; we are pleased that the ESC examiners were willing to evaluate more novel non-business arguments on their own merits.

Writer
In a case presenting one of our more unusual fact-patterns, we received approval of an I-140 for Alien of Exceptional Ability in the arts with a National Interest Waiver for a professional writer whose specialty is Lesbian/Feminist science fiction. We feel the two most important points of this case are: (1) This writer won numerous awards, critical acclaim and monetary compensation for her first novel, but she is at the start of her career--her track record is not long. A primary argument we made was that it is to the benefit of the United States to grant status to individuals of promise early in their careers so that they can make their contributions as American writers (scientists, business- people,or whatever). (2) We have been concerned that the client's very open Lesbian/Feminist orientation could impede (overtly or covertly) a finding that her admission would be in the national interests. We were gratified that it apparently did not unduly concern the INS.