BACKGROUND:

• The Applicant was working in the U.S. under TN visa status.

• The Applicant possessed a Master of Science degree in Biochemistry, and a PhD in Bio-Technology.

• The Applicant’s work involved the development and commercialization of diagnostic assays.

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 they 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 their work would help improve medical laboratory testing in the U.S., and their research focused on developing assays for autoimmune diseases.

• We then explained how the national interest would be adversely affected if a labor certification were required for the Applicant by evidencing the Applicant’s expertise in the field and by showing the urgent need of work, i.e. it will facilitate the early diagnosis of autoimmune diseases.

RESULTS:

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

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