Both Labor Certificate and I-140 were approved but because of the retrogression for India, I cannot apply for my AOS and I-485. NIW is also retrogressed for India by about 5 years by the looks of it. Still better than EB3 which is about 9 years retrogressed
I want to know if I can apply for the NIW category and if I will be eligible. Also, if I apply for the NIW category will my EB-3 application be canceled ?
My Qualifications:
M.S. from India in Biochemistry
M.S. in Molecular Genetics from a US school. Your MS degrees qualifies you for the advaced degree part of the application
In addition, I am also working at the University doing medical research and going part-time to school for a Masters in Public Health Policy.
What is your current job? Is it a permanent position? What do you intend to do in the future for work? This is important in making it clear to USCIS what the "national" and "interest" parts of your stay in the US would be about (More below)
2 research publications that I co-authored- in
a) Proceeds of the National Academy of Sciences
b) Journal of Endocrinology How often have you been cited?
I have attended research conferences Not important
I have also presented posters at seminarsNot important
I have almost 5 years of research work experience in the U.S.Not important because you already qualify as an advanced degree individual. The kind of research you have done and how it would benefit the national interest is important
Here are some things for you to look at:
While determining whether an admission of an alien would be 'in the national interest', the following factors may be considered:
* Whether the alien's admission will be benefit the American economy.
* Whether the alien's admission will improve the working conditions and wages of U.S. workers.
* Whether the alien's admission will improve training and educational programs benefiting the U.S. under-qualified workers and children.
* Whether the alien's admission will help create more affordable housing for the young, aged or poor U.S. residents.
* Whether the alien's admission will improve the environment and lead to better usage of natural resources.
* Whether the alien's admission is requested by an interested U.S. government agency.
* Whether the alien will help improve the health care.
The alien must meet one or more of the above criteria to be considered for NIW petition. So where would your work fall?
The following three factors are considered in determining whether an alien will substantially benefit the national interests of the United States:
1. Alien seeks work in an area of "substantial intrinsic merit". Research usually would satisfy this,If your proposed work is not in resarch it would be a harder sell. Publications, citations, recommendation letters etc would back this up
2. Alien's work must have a benefit which will be "national in scope". In other words, alien's perspective contribution will provide benefits that impact on a national scale, rather than bring benefits to a limited region in the U.S. Again, a lot of research would satisfy this criterion, same things : pubs, citations, invited talks etc would prove this
3. Alien must "serve the national interest to a substantially greater degree than would an available U.S. worker having the same minimum qualifications".This is the hard part, why would the US keep you here as opposed to letting someone else with a degree do the work. The only way to prove this is to show that you have already made an impact in your field and that keeping you here would support you doing that in the future. Key is to prove you have already made substantial impact
This 3 part test was established by USCIS Associate Commissioner after the New York State Department of Transportation (NYSDOT) case in 1998.
NIW applicants establish themselves as having some unique and exceptional skill, experience, or knowledge that sets them apart from their professional peers. Documents stating that he/she possesses a certain level of competence is not sufficient to receive a NIW. Proficiency greater than mere competence is expected for seeking NIW.
National Interest Waiver cases require that the emphasis rest with the overall value and potential of the alien's individual contribution to the U.S. - not the fact that he/she is merely working in a field of high national interest. The alien must be a key or critical member of the team and the team function would be severely impacted without this member.
