LOSM Case Summaries on Recent NIW Approvals
Posted Oct 27, 1999

Many law firms and attorneys have been complaining of not receiving any approvals of NIW cases after the Matter of New York State Department of Transportation (NYSDOT) decided in August 1998 by the Administrative Appeals Office (AAO, which was previously referred to as the AAU). The Law Office of Sheela Murthy, P.C., continues to receive approvals on majority of our NIW cases, despite the NYSDOT decision, which case has been discussed in previous editions of our Bulletin, including the September 1999 edition.

We provide below some examples of cases which have been approved by INS and submitted by The Law Office of Sheela Murthy, P.C.:

Materials Engineer

The INS recently approved a National Interest Waiver for a Materials Engineer and Researcher. The beneficiary, who specializes in Ceramics, has a Ph.D. in Ceramics, an M.S. in Ceramic Engineering, and a B.S. in Metallurgical Engineering.

The approval was based on creative arguments propounded by the Law Office of Sheela Murthy, P.C. emphasizing the beneficiary's research achievements in ceramics and glass formation in opto-electronic applications and infrared transmissions technology as being invaluable to defense, healthcare and industry in the United States. It was argued that the beneficiary's work was national in scope and in an area of substantial intrinsic merit because of the increased demand for advanced ceramics for use in telecommunications, computers, petroleum and chemical processing, and biomedical engineering.

Supporting documentation included appropriate reference letters, honors, awards and the beneficiary's published material.

Chemical Engineer

The INS approved a National Interest Waiver petition for a Chemical Engineer in Alabama. The beneficiary, who specializes in the critical areas of lignocellulosic biomass conversion and biofuel development, has Ph.D., M.S., and B.S. degrees in Chemical Engineering.

The beneficiary's work is highly commendable based on his dedicated research achievements attained for advancement of biotechnology, particularly in bio-energy production from renewable biomass. It was argued that the beneficiary's work in this field is critical to the United States due to the increased threat of fossil fuel depletion, and the United States interest in developing environmentally friendly and economically sound fuel alternatives. National Interest arguments focused on how the beneficiary's research would reduce foreign oil imports, reduce carbon dioxide in the atmosphere, and better the environment and health of the United States as a whole.

Supporting documentation included letters from recognized experts in the field, honors, awards, the beneficiary's published materials, professional association membership certificates, and conference proceedings.

Pharmaceutical Researcher

The INS recently approved a National Interest Waiver for a Pharmaceutical Researcher in New York. The beneficiary, who specializes in cancer research and drug delivery systems, has Ph.D., M.S., and B.S. degrees in Pharmaceutical Sciences.

The approval was based on arguments propounded by the Law Office of Sheela Murthy, P.C. emphasizing that the beneficiary is a professional with an advanced degree whose groundbreaking work in the treatment of Cervical and Prostate Cancer is internationally renowned and is of significant value for the advancement of healthcare in the United States. National Interest arguments focused on the benefit of the Petitioners work to the health and economy of the United States.

Supporting documentation included letters from recognized experts in the field, honors, awards, and the beneficiary's published materials.

Biomedical Researcher

The INS recently approved a National Interest Waiver for a Biomedical Researcher. The beneficiary, who specializes in genetics and molecular biology, has a Ph.D. in Life Sciences, a M.S. in Cytogenetics, and a B.S. in Botany.

The approval was based on strong arguments propounded by the Law Office of Sheela Murthy, P.C. emphasizing that the beneficiary is a professional with an advanced degree whose groundbreaking research on the cloning of the MEN1 gene, which has been attributed to sporadic endocrine tumors at the National Institutes of Health (NIH), is of great significance to the U.S. national economy and healthcare. Further arguments emphasized that the beneficiary's research is national in scope, is of substantial intrinsic merit, and that the petitioners employment is not based on a shortage of qualified workers. National Interest arguments focused on national health and economic prosperity through the dissemination of the petitioners research, including dramatic improvements in mortality and morbidity rates from tumors in the United States and increased revenues by improving the cost-efficiency of health care.

Supporting documentation included appropriate reference letters from recognized experts in the field, honors, awards and the beneficiary's published material.

Biochemist

The INS recently approved a National Interest Waiver for a Biochemist in Tennessee. The beneficiary, who specializes in lung research and transcription factors has two Masters Degrees in Biochemistry and a B.S. in Chemistry.

The approval was based on arguments submitted by the Law Office of Sheela Murthy, P.C. emphasizing the beneficiary's contributions to the cloning and sequencing of genes related to congenital heart defects in children and cystic fibrosis. It was argued that these contributions have been central to the ongoing research efforts of scientists and researchers across the United States and the world. National interest arguments focused on the significant improvement of national health and economy due to the beneficiary's research, as the beneficiary's unique and pivotal research will continue to enhance the understanding of the causes of many diseases. The benefits of the beneficiary's work were argued to be both national in scope and of substantial intrinsic merit.

Supporting documentation included appropriate reference letters from internationally recognized experts in the field, honors, awards and the beneficiary's published material.

Chemical Engineer

The INS approved a National Interest Waiver petition for a Chemical Engineer in New York. Surprisingly, we did not receive the now common request for additional evidence, though the case had been submitted before the NYSDOT case was decided but it was approved after the NYDOT decision was announced in August of 1998. The beneficiary, who specializes in the highly complex field of particle agglomeration, has Ph.D., M.S., and B.S. degrees in Chemical Engineering.

The beneficiary is a unique individual who combines a comprehensive academic background in Chemical Engineering with an aptitude for software development, which has significantly advanced the field of Chemical Engineering. The beneficiary's work involved the development of a computer simulation for the particle agglomeration process, which catalyzed an old- fashioned technology practiced for more than hundreds of years and literally brought the field into the 21st century. It was argued that the beneficiary's work, in addition to serving the national interest as a whole, was recognized by the U.S. research community as having a major impact on the cost efficiency and reliability of the particulate process industries and the reduction of product development time through the use of the beneficiary's computational models. National Interest arguments focused on the better use of valuable natural resources and improvement of the U.S. economy.

Supporting documentation included letters from recognized experts in the field, honors, awards, the beneficiary's published materials, professional association membership certificates, and conference proceedings.

Environmental Chemist

Our office had summarized this case earlier this year since this was a reversal of a NIW decision filed by another attorney and the Law Office of Sheela Murthy obtained an approval in this appeal. The United States Department of Justice, Administrative Appeals Office, reversed the decision to deny a National Interest Waiver for an Environmental Chemist. This decision represents another achievement of the Law Office of Sheela Murthy, P.C. since it is one out of only four appellate cases reversed by the AAU in 1998!

The beneficiary, who specializes in catalytic use in petroleum and other fossil fuel refining, quality control, risk management and remediation, has two Masters Degrees in Chemistry and Environmental Management, a Doctorate Degree in Chemistry, and has completed post-doctoral studies in Public Policy and Management with a concentration in Environmental Policy.

The approval was based on arguments presented by the Law Office of Sheela Murthy, P.C., emphasizing the beneficiary's contributions to the development and dissemination of cutting edge research in the field of environmental chemistry and education, as being invaluable to the environmental goals of the United States as we enter the 21st century. It was argued that the Petition was in the National Interest based on the beneficiary's novel research and overwhelming support from leading members of U.S. governmental agencies, such as the EPA, as well as prominent Environmental Scientists and Chemists across the world. It was further argued that the beneficiary's work would lead to more productive use of natural resources, improve and protect the health of United States citizens, improve working conditions by eliminating hazardous by-products and high pressure/temperature equipment usage, and ensure compliance with U.S. Federal Laws.

Supporting documentation included reference letters from renowned experts in the field, honors, awards, and the beneficiary's published material.

The above NIW summaries of cases submitted by the Law Office of Sheela Murthy, P.C. and approved by the INS after the NYSDOT case are evidence that NIW cases should continue to be submitted but a more careful scrutiny may now be appropriate. If there a strong case where letters of recommendation can be obtained from leading national or international experts attesting to the significant contributions of the foreign national which will continue to prospectively benefit the U.S. it may be worth while filing an NIW case On the other hand, in cases where the Reduction in Recruitment or RIR process can be completed within a short time span so that the Labor certification process is completed, the advantage of the NIW may be less meaningful for those who intend to continue to work for the employer that sponsored the green card for the long term.