EA and NIW More Attractive in Softening Economy
Posted Nov 17, 2001

In the current atmosphere of economic uncertainty, the prospect of a self-petitioned case becomes an attractive option. In an economic downturn, with a possible recession looming on the horizon, some companies may be hesitant undertaking the sponsorship process for their foreign employees' green cards, especially after the layoff or termination of U.S. workers. On the other hand, the foreign national is afraid that after starting her/his green card process and waiting for 2 or 3 years, s/he could be laid off and lose all the time, effort and, often, money with nothing in hand at the end of it all. Therefore, any application that provides freedom and flexibility to the foreign national’s ability to work for any other employer during the green card process is understandably an attractive option. We at The Law Office of Sheela Murthy have outlined the criteria of the EB1 Extraordinary Ability (EA) and EB2 National Interest Waiver (NIW) categories in various articles on MurthyDotCom and have shared with you several recent approvals as we continue to receive them in these categories.

As many of our readers are aware, filing the labor certification means the company is offering the job to the employee several years into the future, yet many companies are unwilling or unable to make such long-range plans. There are also many people, post-doctoral researchers for example, who have temporary positions and have difficulty in obtaining permanent job offers. A self-petition in either EA or the NIW category enables a person of high achievement to qualify based upon his or her own illustrious accomplishments, without having to rely upon a particular employer. Such cases offer the maximum flexibility to change jobs within one's field.

We include here a few examples of recent approvals that our Office received. Two of these cases are in the NIW category and one in the EA category. Though these examples are in high technology areas, we have successfully processed EA and NIW cases in a variety of fields, including the arts and sciences, business, and humanities.

NIW in Mechatronics  The Law Office of Sheela Murthy recently filed an NIW petition for a client whose field of expertise was in the area of Nonlinear Control in the field of Mechatronics. For the National Interest Waiver, as with all categories, it is critical to explain in layman’s terms the importance of the field and the significance of the innovations the individual has developed. We first explained exactly what “Mechatronics” is: a hybrid of electrical engineering, computer science, and mechanical engineering. We then detailed the client’s contributions that led to improved production and efficiency in the U.S. manufacturing industry. The NIW petition was approved by the INS.

EA in Wireless Networks  The Law Office of Sheela Murthy filed an Extraordinary Ability petition for a client whose work involved Next Generation Wireless Networks. We established that the client made significant, innovative advances in the field of radio wave propagation, measurement system design, and advanced channel modeling. The EA petition was approved by the INS.

NIW in Robotics  The Law Office of Sheela Murthy filed an NIW petition for a client whose field of expertise was Robotics Modeling and Analysis. We explained that robots are valuable tools, rapidly becoming a critical part of life in the United States. Our Office also provided clear evidence that the client is a distinguished and foremost leader in this complicated and vital scientific area and has developed numerous innovations advancing the field. The NIW petition was approved by the INS.

As mentioned in earlier MurthyBulletin and MurthyDotCom articles, the standards for achievement are quite high for the NIW category and even more so for the EA category. The applicant generally should have developed innovations that have advanced the field as a whole, and leading experts must be able to attest to these accomplishments, as outlined above.

We are pleased to share these approvals of self-petitioned cases recently obtained at The Law Office of Sheela Murthy. Our hope is to encourage any of you who may qualify to keep your options open and consider filing such a case, especially in this time of economic concern.