BACKGROUND:

• The Applicant was working in the U.S. under H-1B visa status as a Researcher.

• The Applicant possessed a Bachelor’s, Master’s, and PhD degree in Biochemistry.

• The Applicant’s work involved investigating the potential of epigenetics to assess colon cancer risk, and develop effective approaches to chemotherapy and chemoprevention.

STRATEGY:

• Reviewed case for green card eligibility, and based on the nature of the Applicant’s work and accomplishments in the field, we determined that the Applicant could qualify for a self-petitioned green card under the EB-2 National Interest Waiver (NIW) category.

• We prepared a detailed statement in support of the Applicant’s I-140 petition explaining how he met the preliminary EB-2 requirements and then the 3 criteria for an NIW application.

• For example, we explained and documented how the Applicant’s work was of substantial intrinsic merit and served the interests of the nation as a whole because his research could help improve the detection and treatment of colorectal cancer - a leading cause of cancer death in the U.S.

• We then explained how the national interest would be adversely affected if a labor certification were required for the Applicant by evidencing how the Applicant’s achievements in epigenetics and colorectal cancer research had a tremendous influence in the field, and by showing how he was working in a key role in a project that already was contributing findings of national importance to the development of therapeutic and preventive measures for colorectal cancer.

• Examples of evidence provided in support of the NIW application included:

  • Evidence that the National Cancer Institute, the Federal Government’s principal agency for cancer research and training, had sponsored the Applicant’s work projects.

  • Letters from experts attesting to the Applicant’s achievement and influence in molecular biology, genetics and epigenetic research.

  • Evidence of the Applicant’s research articles in the field, and that scientists had cited the Applicant’s scholarship over 100 times.

  • Evidence that the Applicant was a leading researcher in a genomic analysis of cancer project.

  • Evidence that several U.S. government agencies and other organizations had awarded funding to the Applicant’s research projects.

RESULTS:

• USCIS approved the Applicant’s I-140 petition without the issuance of a Request for Evidence (RFE).

• The Applicant then applied for Adjustment of Status (AOS). USCIS approved that application and issued the Applicant his U.S. Green Card.

Statements regarding prior application approvals our office has obtained are provided for informational purposes only. Prior results do not guarantee a similar outcome.