National Interest Waivers (Part 2 of 2)
Posted Apr 20, 2007
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[See also, Part 1 of this NewsBrief.]
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As promised in our April 13, 2007 article, National Interest Waivers (Part 1 of 2), this week we share with readers some National Interest Waiver (NIW) case success stories from the Murthy Law Firm. These examples, approved over the last year or so, have been selected from the many NIW cases in which we provide representation routinely at our firm. NIWs enable some of the best and brightest from around the world to live and work permanently in the United States, sharing their talents and expertise for the benefit of this country and her citizens, as well as for themselves and their families. One of the features of this category is that it allows for self-petitioning. While it can be filed by an employer, there can be advantages to self-petitioning. All of the cases described below were self-petitions. Therefore, when we refer to the "petitioner" we are referring to the foreign national, not the employer.
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In a consultation, we review and assess each case prior to acceptance. We are pleased with our high rate of success for a wide variety of fields. Once again, we thank the clients who so kindly agreed to allow us to share their successes with MurthyDotCom and MurthyBulletin readers.
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Cardiovascular Disease Researcher
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The Murthy Law Firm received an NIW approval for a client who conducts important work in the field of Cardiovascular Disease Research. The petitioner has produced groundbreaking research in the areas of thrombosis, homeostasis, and myoblast transplant. As cardiovascular disease is one of the top killers of Americans, our client's research is undoubtedly of substantial, intrinsic merit to the nation. We provided evidence that this research has been funded by the National Institutes of Health (NIH), which is further proof that the work is of national importance.
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The petitioner submitted letters from hospitals and universities located throughout the U.S. and the world. The letters, including those from several independent experts, state that our client's past work is indispensable, and that to lose this individual's future work would be detrimental to the field and to the United States. A member of several field-related organizations, including the American Heart Association, the American Medical Association, and the Aerospace Medical Association, the petitioner has authored 14 publications, including journal articles and conference proceedings, and is first author on seven of these articles. The research has been presented at several conferences. The Murthy Law Firm was also able to document that the research has been cited more than 30 times by other researchers in their work.
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Neuroscience Researcher
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Another successful NIW client conducted novel research in the field of Neuroscience, specifically in the areas of auditory neurobiology, learning, and memory. We successfully proved that the petitioner’s research is of substantial benefit to healthcare in the U.S., as the original research by our client has increased the understanding of brain function and diseases of the brain. This research is national in scope and is of substantial, intrinsic merit, as evidenced by the fact that it has been funded by the NIH and the National Science Foundation (NSF).
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The reference letters submitted with this petition indicate that the petitioner is one of the pioneers in the field and that the individual's research has substantially added to the fundamental understanding of the field. The petitioner is a member of the Society for Neuroscience and the Association for Research in Otolaryngology. Our client has published 14 articles in journals and conference proceedings, and is first author on nine of the articles. S/he also presented research at several conferences throughout the U.S. The work has received numerous citations in journals in this field. The work has been discussed in the media on a number of occasions, as well. Our client was interviewed about this research on a radio program, which aired on the British Broadcasting Service (BBC), and information on the research has appeared in several newspapers, and on network and cable television.
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We argued that this individual was instrumental in securing numerous grants for the research group and that weight should be accorded to the receipt of funding, notwithstanding the fact that, as a non-citizen, our client was unable to directly apply for federal grants.
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Microbiology Researcher
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The Murthy Law Firm recently obtained an NIW approval for a client whose area of expertise is in the field of Microbiology, particularly molecular therapeutics. The petitioner conducted significant research that benefits the health and economy of the United States. This research concerns the treatment of fungal infections, mercury poisoning, and cancer. We proved that the research has advanced the fundamental understanding of the molecular mechanisms of antifungal and anticancer compounds. This individual's research has been funded by the NSF and NIH.
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Numerous independent experts from the U.S. and around the world provided letters attesting to our client’s contributions, stating that they have significantly advanced the field and will continue to do so in the future. They also state that this research is essential to continued advances in the field. The petitioner is a member of organizations that are integral to the field, including the American Society for Microbiology and the American Association for Cancer Research. S/He has authored 14 publications, including eight journals, five abstracts, and a book chapter. S/He has also authored a pending U.S. Patent Application, and the research has been cited by research groups from all over the world.
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Electrical Engineering Researcher
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Another successful client conducted important work in the field of Electrical Engineering, specifically in the areas of power engineering and wireless communication systems. The individual has produced novel research in the area of power electronics, which is a new technology revolutionizing the power and energy infrastructure. We successfully argued that our client has improved high-efficiency energy systems through his/her advances in power electronics. The individual’s research is certainly in the national interest, as it has been funded by numerous U.S. government agencies, including the U.S. Department of Defense (DoD), the U.S. Department of Energy (DOE), and the Defense Advanced Research Projects Agency (DARPA).
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The petitioner submitted numerous expert letters from private industry and universities throughout the U.S. and worldwide, which attest to the fact that s/he is a foremost leader and a central contributor to the field. Our client is a member of the Institute of Electrical and Electronics Engineers (IEEE) and the Institute of Engineers (IE), and is a Fellow of the Institution of Electronics and Telecommunication Engineers (IETE). S/he has authored 23 publications, including eight journal articles and 15 conference proceedings, and is first author on 16 of the articles. The petitioner also has authored a book. In addition, s/he authored a U.S. patent application and has another patent application under review. The individual has presented research at various national and international conferences, and his/her research has been cited numerous times by other researchers in the field. This individual has served as a reviewer for several journals and conferences in the field.
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Our client received a Request for Additional Evidence (RFE), asking for additional evidence that the national interest would be adversely affected if a labor certification were required and that the petitioner’s achievements and accomplishments are substantially greater than other researchers working in the field. The Murthy Law Firm submitted seven additional reference letters, all from independent experts, which establish that this individual’s work is being widely implemented in the field, and that his/her ability far surpasses that of others in this area. Our client also submitted a personal statement, detailing future plans to continue to further the prospective national benefit, as well as letters from potential employers. We provided evidence that this research had been cited more than 100 times by other researchers in the field. The petitioner had published three additional articles since the original submission and was continuing to present research at numerous conferences.
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Conclusion
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We at the Murthy Law Firm are happy to share our knowledge and experience in filing petitions and obtaining approvals for our clients in the NIW category. As can be seen, successful candidates must be engaged in fields of endeavor, like the arts, sciences, or business. They must be highly accomplished individuals, making unique contributions with ground-breaking knowledge within their fields. Our consistent success is the result of both identifying those cases that are likely to succeed, and properly presenting the evidence in a manner that demonstrates that the petitioner / beneficiary is eligible for the NIW approval. Although one falls within the EB2 backlog, in the self-petitioned case, s/he is allowed to work with any other employer as long as the intent is to continue to working in the field that will prospectively benefit the national interest of United States.
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