Queen City Immigration Law Obtains a National Interest Waiver for a Biomedical Researcher

by Dinh Tran, Partner | Queen City Immigration Law | 704-500-2075

We are happy and proud to announce that Queen City Immigration Law has recently won an approval of an immigrant petition for a biomedical researcher in an employment-based second ("EB-2") preference category with a national interest waiver. This is the firm's first EB-2 case that was granted the national interest waiver based on the new test that was established in the Matter of Dhanasar just 16 months ago.

Typically, an employer who wishes to hire a foreign national for a permanent job in the United States and sponsor him or her for a green card has to first obtain a labor certification. The labor certification process was designed to protect American workers by requiring the employer to demonstrate that there are no qualified workers in the United States who are able and willing to take the job. However, in some limited circumstances, the national interest of the United States is better served by skipping that process and waiving the requirements of a labor certification. Which means that the foreign national can obtain permanent legal residence based on employment without actually currently being employed;  which was the case for our client. 

The immigration law allows two groups of individuals (members of professions holding an advanced degree or individuals with exceptional abilities in the sciences, arts, or business) to apply for a green card without having to test the U.S. labor market if they can establish that they qualify for the national interest waiver. However, the law does not define who and how can obtain the waiver. In the absence of clear guidance in the law and regulations, the Administrative Appeals Office, in the Matter of Dhanasar (decided on December 27, 2016), devised a new three-prong test as a standard for evaluating requests for national interest waivers. Under the Dhanasar test, a foreign national may be granted the national interest waiver if he or she demonstrates (1) that the foreign national’s proposed endeavor has both substantial merit and national importance; (2) that he or she is well positioned to advance the proposed endeavor; and (3) that, on balance, it would be beneficial to the United States to waive the job offer and labor certification requirements.

Queen City Immigration Law partner Dinh Tran was able to successfully demonstrate to the USCIS that his client's, a biomedical researcher with a PhD degree, work on methods to reduce deaths from trauma injuries and severe blood loss has substantial merit and national importance. The USCIS agreed that the researcher's continued work in that field will be beneficial to the United States and deserving of the national interest waiver.

"This is very exciting news to our client, to our firm, and to the United States," said attorney Tran. Trauma injuries is the number one cause of deaths in individuals under 40 in the United States and also the leading cause of preventable war deaths. "The United States needs to attract more scientists and researchers like our client, by granting them permanent residency, to help preserve the lives of its civilian population who get injured in motor vehicle crashes or other accidents as well as its military service members who get wounded in combat abroad."

Queen City Immigration Law is a full-service immigration law firm based in Charlotte, North Carolina. Our firm focuses on the strategic needs of our clients - scientists, researchers, business owners. We also advocate for individuals and families all over the world.  For exceptional service, we have attorneys and staff with fluency in French, Vietnamese, Spanish, and Polish. For more information, do not hesitate to call our offices at 704-500-2075.

Sherrod Seward