National Interest Waiver for a Scientist from Russia

I.S. Law Firm is proud to announce that we have secured approval of an immigrant petition (National Interest Waiver) for an advanced-degree scientist from Russia.

To secure the approval of the petition, we had to demonstrate that our client was a recognized scientist and that her work in the field of physics served the national interests of the United States. Attorneys at I.S. Law Firm cooperated with top physicists around the world to demonstrate our client’s credentials, and proved to the satisfaction of the United States Citizenship and Immigration Services (USCIS) that our client qualified for National Interest Waiver classification under §203(b)(2) of the Immigration and Nationality Act (INA). The Act states that “visas should be made available to qualified immigrants who because of their exceptional ability in the sciences, arts, or business will substantially benefit prospectively the national economy, cultural or educational interests, or welfare of the United States.”

National Interest Waiver (EB-2) is a mechanism that was established by the U.S. Congress to enable talented individuals to sponsor themselves for permanent residence avoiding the complicated and traditional methods that require securing of a sponsoring employer, labor certification, lengthy processing times, and long waiting periods for priority dates. In order to qualify for a National Interest waiver, an applicant must prove that his or her work is in the area of substantial importance; that the impact of the applicant’s work is national in scope; and that the applicant’s achievements exceed the norm of accomplishments of others in the same field.

In this particular case, attorneys at I.S. Law Firm proved that our client’s profession was in the area of substantial intrinsic merit – specifically, that discoveries made in her field of atomic, or nuclear, physics were being utilized by the United States government, including U.S. Air Force and National Aeronautics and Space Administration (NASA). We also proved that our client’s work was national in scope, meaning that her discoveries were used by the U.S. Government and her academic work as a lecturer benefited the national economy by educating the nation’s youth about science. Finally, we proved that our client’s work and accomplishments influenced the field of atomic physics, as evidenced by her publications and citations of her works in other scholars’ publications.

As required in National Interest Waiver cases, attorneys at I.S. Law Firm also assembled an authoritative collection of letters from senior, well-established and highly regarded atomic physicists, documenting our client’s “past record of specific prior achievement which justifies projections of future benefit to the national interest,” and confirming that she can “in some capacity . . . serve the national interest to a substantially greater extent than the majority of her colleagues.” We demonstrated that our client’s work and achievements are regarded as influential and even groundbreaking by her colleagues, and serve national interests of the United States.

Professionals at I.S. Law Firm have helped a number of talented individuals to receive their green cards through the National Interest Waiver (EB-2) process. If you are interested in applying under the National Interest Waiver (EB-2) category, we can make an appointment, review your qualifications, and determine if we have enough to proceed or if we need more. To learn more about our services and for consultation please call (703) 527-1779.