National Interest Waiver Petition Approved for Animal Embryologist

Getson & Schatz successfully represented a client from Brazil in obtaining an EB-2 National Interest Waiver (NIW) of the job offer requirement based on his research accomplishments in the field of embryology related to animal reproduction and stem cell therapy that had a degree of influence on the field as a whole above and beyond the substantial majority of others.

The standard for a NIW Approval is set forth in the Administrative Appeals Office (AAO) Case New York State Department of Transportation which established a three part test for determining whether a foreign national’s past record justifies projections of future benefits to the national interest to such an extent that the foreign national should be permitted to avoid the PERM Labor Certification Process.

  1. Employment in an area of “Substantial Intrinsic Merit” – whether the foreign national seeks admission to work in an area related to the general welfare of the United States that is of substantial intrinsic merit. This may be aimed at improving the U.S. economy, improving wages and working conditions, improving education, improving health care, etc. The client’s work was improving both animal health care in the U.S. and the U.S. economy. The client had conducted research in the area of embryology related to assisted techniques in animal reproduction and in stem cell therapy. The client’s work had provided novel insight towards understanding how an embryo is created to enable the development of medical techniques to assist with animal reproduction and also had provided insight into the use of stem cells for animal disease research. The client’s research also impacted the U.S. economy as improved animal reproduction techniques allow farmers and ranchers to produce healthier offspring and therefore produce healthier, safer and higher quality foods more consistently for the benefit of the U.S. consumer.
  1. Foreign National’s benefit will be “National in Scope” – this requirement demands that the foreign national’s work benefit the United States as a whole, not just the locality or region. Scientific researchers are generally accepted to be engaged in work with benefits that are “national in scope” as such research improves health care, the economy and/or the environment, and makes productive use of natural resources throughout the United States. The advanced level embryology research being carried out by the client led to the development of healthy animals of high genetic quality for the commercial production of meat/milk that is purchased and consumed by individuals in all 50 states of the U.S. Based on this information, our attorneys were able to show that the client’s work in embryology would be national in scope.
  1. Requiring a PERM Labor Certification would adversely affect the National Interest – This requires the foreign national to justify avoiding the PERM Labor Certification process by demonstrating that he or she will serve the national interest to a substantially greater degree than would an available U.S. worker having the same minimum qualifications. A foreign national must submit evidence demonstrating a track record of success with some degree of influence on the field as a whole. In support of this legal requirement our Philadelphia immigration attorneys submitted substantial evidence pertaining to the importance of the client’s work in the United States.  USCIS utilizes the preponderance of the evidence standard when adjudicating EB-1A, EB-1B and NIW petitions. Under this standard, the foreign national must submit sufficient relevant, probative and credible evidence to demonstrate to USCIS that it is “more like than not” or “probably true” that the foreign national has met the standard of proof for the classification sought. Reference letters from unbiased independent experts and the client’s colleagues were used to attest to the client’s original scientific contributions of major impact and importance to the field of embryology related to animal reproduction and stem cell therapy. Letters from various experts detailing how the client’s work was being utilized commercially in the United States and worldwide also served as evidence of the importance of the client’s research. Additionally, articles authored by the client in various top rated scholarly journals and top rated international professional publications were included showing the international circulation and importance of the client’s work.

Evidence was compiled by our immigration lawyers to demonstrate by a preponderance of the evidence that the client was qualified for a NIW.  The client’s I-140 NIW Petition was approved and he thereafter applied for and was granted United States Permanent Resident Status.