Arguing that labor certification process is not in U. S. interest

[indiandude1]

I work on energy research and military communications, and have 8 recommendation letters (3 very strong, 1 strong, 4 average length). I have previously posted my full qualifications on this forum before and will provide a link if you ask. I need your advice, folks.

I am close to the end of the 5th year of my H-1B and my extension process is currently underway. I am applying for EB2-NIW. In about 6 months, I plan to start a career as a faculty (nothing is certain in these matters but my credentials are very strong for many of the positions I have applied for, have received very positive initial responses, and have applied to quite a few low-ranking univs that are hiring in my area of work).

Can I argue that labor certification process takes so long that my work status will likely expire before that and U. S. will not be able to get benefits of my research and teaching efforts as a result ?

Also, how does one argue that the U. S. national interest will not be affected adversely by the waiver ? I have argued that my work helps U. S. national economy, security, environment (indirectly health) and is a net big plus.

I do not know how to make these arguments and need some suggestions from the pros here. How long can the cover letter be ? I have already written 8-9 pages and it seems I could easily add 6-7 more discussing my work in detail (in layman's terms).

 

[Kariboo]

Can I argue that labor certification process takes so long that my work status will likely expire before that and U. S. will not be able to get benefits of my research and teaching efforts as a result ?

According to this it is not a good argument

Argument A: “If forced to go through the labor certification process, the Petitioner’s nonimmigrant status will run out, and Petitioner’s nationally important research will be cut short”
Why USCIS will find this argument unpersuasive: The NIW petitioner is not required to show that there is any urgency for the adjustment to lawful permanent resident status. Temporal considerations are not a part of the criteria that USCIS considers when adjudicating an NIW petition. If this argument were a factor, it would lead to the spurious conclusion that the work of a petitioner whose nonimmigrant status is about to expire is inherently more nationally important than a petitioner who just received their nonimmigrant status. Thus, labor certification arguments based on timeliness or urgency due to Petitioner’s nonimmigrant status do not carry any weight.

From the jclawoffice website, I am not allowed to post URL's yet

 

[indiandude1]

Thanks a bunch. I suspected that that would be the case.

I guess then the only argument to make is about the possible uncertainties of the labor certification process. Basically with a message:

"This guy's work is so important to the US that it would be rank foolishness to take a chance on the intelligence of people at the Department of Labor."

Stated more nicely of course.

 

[Kariboo]

This part of your petition is one of the most important to argue correctly. You have to proof that keeping you with your qualifications in the US will be of greater national benefit than hiring someone else with the same qualifications. If you google "NIW three prong test" you can find a lot of information on this.