National Interest Waiver

National Interest Waiver Approval – Postdoctoral Fellow, Plant Development and Plant Genetics

We filed a National Interest Waiver on behalf of our client, a Postdoctoral Fellow, Plant Development and Plant Genetics, on June 30, 2016.

We received the approval notice from USCIS on December 19th 2016. There was no RFE issued.

Total USCIS processing time was 4 months, 19 days. SRC-16-903-19949

Our client holds a holds a Ph.D. degree in Biological Science and has 10 citations

Our client’s research has the potential to improve the sustainability of U.S. agriculture and food systems. His research will benefit hay producers whose production is limited by saline conditions on marginal lands as well as drought and cold prone region such as California, Utah, Texas, Oklahoma, North Dakota and South Dakota.

There is also potential benefit to livestock producers, particularly dairy farmers, by increasing the availability of a consistent supply of high quality alfalfa forage. Salt, drought and cold tolerant alfalfa would benefit producers by increasing the profitability and sustainability of rural agricultural communities.

Furthermore, soil quality of marginal land can be improved through increased nitrogen fixation and carbon capture and deposition. Also, this improvement will ensure continued productivity of the traditional alfalfa producing regions where salinity is increasing. Thus, our client’s research will directly play a significant role to improve the U.S. economy through sustainable agriculture development.

National Interest Waiver Approval – 45 days.

We filed a National Interest Waiver on  behalf of our client, a Plant Research Scientist, on June 11, 2016.

We received the approval notice from USCIS on November 25th 2016. There was no RFE issued.

Total USCIS processing time was 45 days. SRC-17-900-8402

Our client holds a holds a Ph.D. degree in Molecular Plant Physiology and has 126 citations

Our client’s research provides new insights on understanding of sugar metabolism in plants. His research findings established the link between sucrose and trehalose metabolism. Trehalose 6-phosphate (Tre6P), the intermediate of trehalose biosynthesis, has an enormous influence on plant metabolism, growth, and development.

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National Interest Waiver I-140 Approval

Our office was retained by Dr. Z to prepare and file a self sponsored National Interest Waiver petition. The I-140 petition was filed with USCIS on 5/6/2012 and approved by USCIS on 12/17/2012. Since Dr. Z’s priority date is current Dr. Z is eligible to file for Adjustment of Status.

Here is a brief summary of Dr. Z’s qualifying work:

Dr. Z’s research focuses on investigating and eradicating disease causing pathogenic bacteria.  Bacteria result in some of the most deadly diseases that affect both humans and animals alike including tuberculosis, anthrax, typhoid cholera, and food poisoning.  Recent reports from the U.S. Centers for Disease Control and Prevention (CDC), World Health Organization (WHO), and other scientific research organizations demonstrate a rising trend in resistance to antibiotics worldwide.  Despite continued research, few new antibiotics have been approved for use by the U.S. Food and Drug Administration (FDA) within the last decade.  This should be a cause for great concern especially given the significant rise/emergence in drug resistant strains of bacteria and the health impact on the human society.  One way of curbing this trend is to boost scientific research directed at elucidating current resistance mechanisms which in turn leads to the development of more efficacious antibiotics.

Dr. Z’s current research seeks to provide answers to these problems.  It involves investigating new biological pathways within pathogenic bacteria and rationally designing, developing, and analyzing candidate antibiotics that target these pathways.  An example of such a pathway is the trans-translation pathway.  This pathway is present in all bacteria but is absent in humans and appears to be a valid novel drug target based on Dr. Z’s research to date.  Using a combination of chemical, biochemical, and microbiology techniques, he has analyzed compounds which reveal significant improvement in potency among some of the deadliest of bacterial strains including M. tuberculosis, TB causing agent and B. anthracis, and anthrax causing agent (Exhibit G).  These candidate antibiotics also appear to have a broad spectrum of activity against both Gram positive and negative strains as well as drug resistant strains of bacteria.  Based on these results, Dr. Z has put forth a provisional patent (Exhibit H) for these new compounds and projects possible new compounds with antibiotic capacity for his future work.  By developing new drugs with high efficacy, Dr. Z provides insurance for swift action against an outbreak, be it naturally occurring or intentional bio-warfare.

USCIS Entrepreneurs in Residence Tactical Team

USCIS has partnered with business experts to improve the way they approach the employment-based and high-skilled visa categories used by immigrant entrepreneurs.

Director Alejandro Mayorkas kicked-off this innovative program, called the Entrepreneurs in Residence (EIR) initiative in February.

The EIR initiative consists of a tactical team comprised of outside experts working alongside USCIS employees.

For 90 days this collaborative team, comprised of both USCIS employees and entrepreneurs from the private sector, will identify opportunities where USCIS can streamline pathways for foreign entrepreneurs.

NIW Success Story – Postdoctoral Research Associate

Our immigration law firm received an approval of an I-140 National Interest Waiver Petition filed with the USCIS Texas Service Center in 4 months.

The Petition was filed on behalf of a Postdoctoral Research Associate whose research findings have had a degree of influence of the field of alternative renewable sources of energy (in particular photo-biological production of hydrogen gas) as a whole and whose work was above and beyond the substantial majority of others in the field.

We carefully reviewed her background information and designed a petition package most suitable to her. We convincingly stated that she had dedicated her extraordinary research efforts to the field of alternative sources of energy, which had resulted in phenomenal accomplishment that have propelled the United States to the forefront of this field.

Her research field was very important for its role in generating crucial scientific advances in the design and development of renewable alternative sources of energy. It was obvious that her research would benefit the whole nation.

She performed pioneering research in developing new bio-based systems for the production of hydrogen. However, she was relatively young without a long track record. We skillfully emphasized the scientist’s extraordinary skill, novel research, international recognition and substantial contributions to her field.

As the evidence of the recognition of her work had received from the research community, leading scientists in his field had submitted letters of support testifying that she was among the elite researchers in her specialized field. In addition, she had been recognized in both journal publications and awards, invited to conferences, and been asked to review other peer’s work.

We submitted her I-140 petition in July 2011 and it was approved in November 2011.

Our client is a citizen of Nigeria. In that the EB-2 priority date is current we are preparing to file an adjustment of status application on behalf of our client.

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