Our client, a citizen of Colombia and an Electrical Engineering professor, had been maintaining H-1B status but wanted to bypass the labor certification process necessary to secure a green card by pursing a National Interest Waiver. Our client was working as a Research Associate at Yale University in the field of electronic material and devices after having obtained his B.S., M.S., and Ph.D. degrees from Notre Dame in electrical engineering. Attorney Furqan argued that our client’s presence in the U.S. is in the national interest, specifically his work in solar power technology, solar cell electronics and semiconductor research will help in areas of telecommunications and electronics displays and also create more efficient solid state lighting and solar cells, which generate more renewable energy. 8 C.FR 204.5(k)(4)(ii). Attorney Furqan further argued that our client was seeking employment in an area that has substantial intrinsic merit, the proposed benefit our client would provide will be national in scope, and that the national interest would be adversely affected if the employer were required to proceed with the labor certification process. The NIW was subsequently approved, and client and his wife applied for permanent residency. Although they were living apart at the time, due to employment reasons, evidence was submitted that they intended to continue to live together as a married couple, and so USCIS approved their green card applications.
