PRACTICE NOTE: recent NIW approvals
Case 1: National Interest Waiver was filed to Nebraska Service Center in December, 2006. Applicant is a  Research Specialist at a research university. NIW approved in February, 2008. No RFE. Applicant is a native of China.

Field of expertise: physical optics and near-field statistical optics. Education: PhD, fluid dynamics. Claimed national interest: research in the area of aerodynamics, aeroelasticity and computational fluid mechanics contributes to the advancement of the nation's aerospace program.  Time from filing to approval: 14 months. Summary of qualifications: 6 papers and several conference proceedings; very limited citation record.

Case 2: National Interest Waiver was filed to Nebraska Service Center in September, 2006. Applicant is a Postdoctoral Research Scientist at a private company. NIW approved in December, 2007. No RFE. Applicant is a native of Romania.

Field of expertise: physical optics and near-field statistical optics. Education: PhD, optics. Claimed national interest: research in physical optics and near-field statistical optics has applications in numerous industrial, medical and national defense context.  Time from filing to approval: 14 months. Summary of qualifications: 7 papers (six as first author) in peer-reviewed journals; very limited citation record.

Case 3: National Interest Waiver was filed to Texas Service Center in May, 2007. Applicant is a Postdoctoral Researcher at a research university. NIW approved in November, 2007. No RFE. Applicant is a native of Italy.

Field of expertise: solid state physics and microelectronics. Education: PhD, physics. Claimed national interest: basic research in physics and materials science has a wide range of military and space related applications.  Time from filing to approval: 6 months. Summary of qualifications: 10 papers in peer-reviewed journals; moderate citation record.

Case 4: National Interest Waiver was filed to Texas Service Center in April, 2007. Applicant is a Postdoctoral Researcher at a research university. NIW approved in September, 2007. No RFE. Applicant is a native of Romania.

Field of expertise: biophysics applied to biomedicine. Education: PhD, physics. Claimed national interest: research in biophysics and biomedicine aims to develop new techniques and therapies to treat tumors in the abdominal and thoracic regions. Time from filing to approval: 4 months. Summary of qualifications: 11 papers in peer-reviewed journals; good citation history.

Case 5: National Interest Waiver was filed to Texas Service Center in April, 2007. Applicant is a Postdoctoral Researcher at a research university. NIW approved in August, 2007. No RFE. Applicant is a native of China.

Field of expertise: atmospheric and environmental chemistry. Education: PhD, atmospheric sciences. Claimed national interest: research to study the atmospheric chemistry reveals how human activities affect the air quality and provide vital information on how to preserve the environment. Time from filing to approval: 4 months. Summary of qualifications: 5 papers in peer-reviewed journals; modest citation history.

Case 6: National Interest Waiver was filed to Texas Service Center in February, 2007. Applicant is a Postdoctoral Researcher at a research university in California. NIW approved in August, 2007. No RFE. Applicant is a native of China.

Field of expertise: cancer research. Education: PhD, nutrition. Claimed national interest: basic science research to study the mechanisms of tumorigenesis leads to discoveries in many biological processes of medical importance. Time from filing to approval: 6 months. Summary of qualifications: 6 papers in peer-reviewed journals; modest citation history.

Case 7: National Interest Waiver was filed to Texas Service Center in March, 2007. Applicant is a Postdoctoral Researcher at a research university in California. NIW approved in July, 2007. No RFE. Applicant is a native of Morocco.

Field of expertise: plant biology. Education: PhD, biology. Claimed national interest: plant biology research investigates the crucial steps that govern plant growth and development, thus contributing to the areas of biotechnology to enhance yields in major agricultural crops. Time from filing to approval: 4 months. Summary of qualifications: 11 papers in high impact, peer-reviewed journals; first author paper prominently featured in special highlights; extensive citation history.

Case 8: National Interest Waiver was filed to Nebraska Service Center in May, 2006. Applicant is a Postdoctoral Fellow at a research university in Illinois. NIW approved in June, 2007 after RFE. Applicant is a native of Malaysia.

Field of expertise: food and sensory science. Education: PhD, food science. Claimed national interest: food science is part of the backbone of this country with importance agricultural resources and export. Sensory science benefits the national economy and the health of citizens. Time from filing to approval: 13 months. Summary of qualifications: 5 papers in peer-reviewed journals; almost no citation.

Case 9: National Interest Waiver was field to Nebraska Service Center in July, 2006. Applicant is a Postdoctoral Fellow at a research institute in New York. NIW approved in June, 2007. No RFE. Applicant is a native of Japan.

Field of expertise: neuroscience. Education: PhD, neuroscience. Claimed national interest: research in the area of brain function for learning and memory paves the way for developing treatment for brain damage and disorders such as Alzheimer's disease, autism, schizophrenia and depression. Time from filing to approval: 11 months. Summary of qualifications: 11 papers in high impact journals including 5 first author; first author paper in Cell with a very large amount of citations; research grants; very strong support letters.

Case 10: National Interest Waiver was field to Nebraska Service Center in May, 2006. Applicant is a Research Fellow at a prestigous university in Boston, Massachusetts. NIW approved in May, 2007. No RFE. Applicant is a native of Korea.

Field of expertise: optics and biomedical imaging. Education: PhD, physics. Claimed national interest: development of innovative optical technologies for medical diagnostics. Time from filing to approval: 12 months. Summary of qualifications: 14 papers including 6 first author; moderate amount of citations; 4 support letters.

Case 11: National Interest Waiver was filed to Nebraska Service Center in June, 2006. Applicant is a Research Scientist at a major research university in Georgia. NIW approved in May, 2007. No RFE. Applicant is a native of China.

Field of expertise: geophysical remote sensing and hydrology. Education: PhD, enviromental engineering. Claimed national interest: geophysical sensing and its applications to soil moisture monitoring and mapping. Time from filing to approval: 12 months. Summary of qualifications: 11 papers including 3 first author; very limited amount of citations; very strong support letters.

USCIS Reaches FY 2009 H-1B Cap
USCIS announced today that it has received enough H-1B petitions to meet the congressionally mandated cap for fiscal year 2009.  USCIS has also received more than 20,000 H-1B petitions filed on behalf of persons exempt from the cap under the “advanced degree” exemption.   Before running the random selection process, USCIS will complete initial data entry for all filings received during the filing period ending on April 7, 2008.   Due to the high number of petitions, USCIS is not yet able to announce the precise day on which it will conduct the random selection process.

USCIS will carry out the computer-generated random selection process for all cap-subject petitions received.  USCIS will select the number of petitions needed to meet the caps of 65,000 for the general category and 20,000 under the “advanced degree” exemption limit. USCIS will reject, and return filing fees for all cap-subject petitions not randomly selected, unless found to be a duplicate.   USCIS will handle duplicate filings in accordance with the interim final rule published on March 24, 2008 in the Federal Register.

The agency will conduct the selection process for “advanced degree” exemption petitions first.    All “advanced degree” petitions not selected will be part of the random selection process for the 65,000 limit.  

USCIS revises FBI name check policies
USCIS conducts background checks on all applicants, petitioners, and beneficiaries seeking immigration benefits. This is done both to enhance national security and to ensure the integrity of the immigration process. USCIS has previously mandated that FBI name checks be completed and resolved before any positive adjudication can proceed on certain form types. USCIS issued revised guidance as follows: USCIS will continue to initiate FBI checks when those applications are received. Where the application is otherwise approvable and the FBI name check request has been pending for more than 180 days, the adjudicator shall approve the I-485, I-601, I-687, or I-698 and proceed with card issuance. The FBI has committed to providing FBI name check results with this timeframe. Pending further guidance regarding post-audit reporting and tracking requirements and modifications to associated quality assurance procedures, applications approved pursuant to the memorandum shall be held at the adjudicating office. If derogatory or adverse information is received from the FBI after the application is approved, USCIS will determine if rescission or removal proceedings are appropriate and warranted.