Green Card Approval-National Interest Waiver

BACKGROUND:

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

• The Applicant possessed a Master of Science degree and a PhD in Chemical Engineering.

• The Applicant’s work involved resolving the technical challenges and performance issues that have delayed the commercialization of conventional Direct Methanol Fuel Cells (DMFCs) and making improvements to his employer’s proprietary fuel cell technology.

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 contributed to improvements to the nation’s power system with respect to security and reliability, environment and health issues, and economic growth. The Applicant’s work also provided national security benefits by providing the U.S. military with critical portable power technology.

• 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 fuel cell technology had a tremendous influence in the field and by showing how he was working in a key role in a project that resolved the technical challenges and performance issues that have delayed the use of conventional fuel cell technology.

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

  • Documentation from the U.S. Department of Energy where it stated that the time was ripe for renewable and sustainable energy technologies to play a much larger role in the future of the nation.

  • Documentation from the U.S. Department of Energy providing that the nation’s electricity grid has vulnerabilities and weaknesses that require attention.

  • Evidence that fuel cell technology can provide a significant improvement in air quality in the U.S. greatly reducing these environmental and health risks.

  • Evidence that fuel cell technology innovation is critical to the U.S. economy and international competitiveness.

  • Evidence that the Applicant was the leading researcher in the development, engineering, and optimization of his employer’s revolutionary fuel cell technology.

  • Documentation that the Applicant’s research also focused on the development of fuel cell technology solutions to meet the U.S. military’s growing portable power demands and would enable the military’s use of the equipment necessary to maintain a dominant technological advantage on the battlefield.

  • Evidence that several U.S. agencies had awarded funding to the Applicant’s projects.

  • Evidence of the Applicant’s past achievement in fuel cell technology development.

  • Letters from experts in the field recognizing the Applicant’s expertise in the industry.

  • Evidence of the Applicant’s research articles in the field, and that scientists had cited the Applicant’s scholarship over 150 times.

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.