National Interest Waiver Cases

Approved National Interest Waiver Petitions

We have processed a wide variety of National Interest Waiver Petitions for individuals in many fields of study. National Interest Waivers are not limited to the following examples. We have seen cases reported in many diverse fields, including golf course design, musicians, artists, businessmen, and others. We closely follow developments in National Interest Waiver cases and have access to online databases where attorneys exchange case reports on successful cases. We typically cite similar approvals of other cases when we submit your application.

The following are several examples:

Hispanic Domestic Abuse Counselor

A National Interest Waiver was approved for a client who works for a non-profit agency as a domestic abuse counselor for incarcerated violators of Latino descent who, by court-order, attend a 10-week educational/counseling program designed by the alien. The client has also designed and occasionally conducts an HIV-awareness program for Latino youth, which was approved by the state's Department of Health.

The cover letter highlighted the issue of reducing crime, violence and recidivism through culturally-specific services which strengthen individuals and families in our multicultural society. The client, native to Latin America and having studied psychology within a Latino paradigm, encourages a cultural transformation of a rapidly-growing immigrant group in the process of acculturating in a society advanced in social policies.

At the time of filing, the applicant had a "licenciatura" (5 year) degree and 4 years experience in the field of psychology which equated a bachelor's degree according to a degree evaluation company. However, a university professor native to Latin America and familiar with U.S. university student placement made a class-by-class analysis to determine that the 5-year degree plus 4 years experience more than fulfilled a Master's degree requirement.

Evidence of benefit to the national interest included letters of support from: a state senator directed to a high-level USCIS official stressing the importance of the client's work addressing domestic violence and crime prevention; the state Department of Health; a community corrections department director, supervisor and officer; and numerous directors of various non-profit agencies - some Latino-specific - addressing issues of family, youth, health and human rights.

Evidence also included: press coverage of the individual in the local minority press, copies of the curriculums designed by the client, other press regarding domestic violence and HIV, conventions from the Universal Declaration of Human Rights and evidence of the state as setting a national precedent in combating domestic abuse.

Scientific Researcher

A National Interest Waiver was approved for a client who possesses a Ph.D. and works as a Research Associate in a university laboratory in the department of Mechanical Engineering. The client has obtained a U.S. patent in the field of chemical vapor research involving diamonds.

The point was made that this work is in the national interest in the field of technology, affecting for the most part the semiconductor industries for commercial use, particularly military applications and private use. Research was conducted and supplementary materials which were submitted include information regarding the technique as well as the importance of the semiconductor industry to technological innovation and generic information taken from the White House web site regarding "technology in the national interest".

Teaching Specialist

A National Interest Waiver was approved for a university lecturer and advisor. The client teaches math and advises for a U.S. Department of Education-funded "TRIO" program which assists under prepared, first-generation college students, usually of low income, in gaining advanced skills necessary for success in college and to encourage advancement and achievement by preparing them to pursue further specialization through graduate school. The client teaches, advises and designs programs occasionally for other colleges and community programs. The cover letter mentions the increase of minority enrollment in advanced education and the positive effect on the U.S. economy of this upward mobility by decreasing the number of welfare recipients.

Evidence included letters of support from university faculty including program directors and college deans. The letters stated that the client was skilled at teaching technical material to students of different levels of development and that the alien consistently receives excellent reviews in class evaluations for having a positive attitude and enthusiasm.

Evidence also included: press articles about the federally-funded programs, supporting information from the U.S. Department of Education and generic information regarding the importance of higher education, specifically for minorities, from the White House website.

Other examples of cases we've had approved:

Veterinarian — This client was conducting research at the University of Minnesota Veterinary School in the area of AIDS research in swine. The benefits of the research had implications for finding treatments for AIDS in humans.

Medical researcher — This client undertook studies of magnetic resonance imaging at the University of Minnesota Medical School. The research was in highly technical medical applications for benefiting diagnosis of patients.

Environmental engineer — This client designed municipal water systems and waste water treatment systems for a local environmental engineering firm. The firm had a nationwide practice and international practice and we were able to show that not only did the work benefit the environment, but also led to exports and created jobs here.

Computer engineer — This client did a wide variety of consulting on computer applications and programs. What was unique about this case is that there was no single focus of the client's work, but rather it was diversely applied in many different fields. For instance, traffic control programs were designed for a metropolitan area, a teaching program of finances was developed for a university, and an application was designed for a program which landed a three million dollar contract for an employer, which created jobs.