Murthy Success Story: NIW Approval for Expert in Public Safety Technology

The Murthy Law Firm regularly assists foreign nationals in filing self-sponsored immigrant petitions under the EB2 national interest waiver (NIW) category. In one such case, the immigrant petition (form I-140) was filed for a public safety technology researcher focused in the areas of machine learning, artificial intelligence (AI), data analytics, and data management. Our client graciously granted permission to the Murthy Law Firm to share her story to help others who may be considering applying for an NIW.

Qualifying for a National Interest Waiver (NIW)

The NIW is an avenue under U.S. immigration law to attract foreign nationals with an advanced degree or of exceptional ability in the sciences, arts, or business whose work has substantial merit and is of national importance, as explained in the MurthyDotCom InfoArticle, Overview of the EB2 National Interest Waiver (08.Jan.2024). Unlike most employment-based categories, there is no requirement for an employer to provide sponsorship under the NIW category. Rather, the I-140 normally is filed directly by the foreign national on their own behalf. If approved, the NIW waives the standard requirement of obtaining a PERM labor certification.

Presenting Petitioner’s Work to USCIS

The individual in this case held an advanced degree, but we still needed to demonstrate that our client’s proposed endeavor had both substantial merit and national importance, and that she was well-positioned to advance the endeavor. Plus, we had to evidence that, on balance, it would be beneficial to the U.S. to waive the labor certification requirement.

We helped to evidence the substantial merit of our client’s work with expert opinion letters attesting that her research improved the safety and well-being of first responders across the U.S. and advanced the technology in her field. We further demonstrated that her work is of national importance, as her work in the field of public safety applied nationally, rather than just locally or regionally.

We also presented evidence on how our client was well positioned to advance her proposed endeavors in the U.S. She has made a name for herself in the field of public safety technology and has received multiple awards for her research and innovations in the field. She has authored several publications and presented her research at leading international conferences and meetings. Her demonstrated track record of technological innovations and contributions to public safety technology further supported that she could continue her work in the U.S.

Ultimately, we were able to persuade the USCIS that, based on our client’s background and contributions to public safety technology, it would be beneficial to the U.S. to waive the PERM labor certification requirement for her, and the USCIS approved the EB2 NIW petition.

Conclusion

The EB2 NIW category allows the U.S. to benefit from the creativity and innovation of highly accomplished foreign nationals. Given the opportunity, accomplished individuals help transform the nation and ensure that the U.S. remains a global leader in technology and innovation. The Murthy Law Firm has close to 30 years of experience in filing NIWs for our clients. Anyone interested in exploring the possibility of filing an NIW case is encouraged to schedule a consultation with an experienced attorney at the Murthy Law Firm.

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