NIW Approval for a Self-Employed Physicist

Facts

My client was an accomplished physicist. He had a thriving business in an unrelated field but significant gaps in related employment history. He was seeking to immigrate to the U.S. with his family. 

Strategy

I filed an advanced degree National Interest Waiver petition under the Matter of New York State Department of Transportation criteria (NYSDOT). The unusual twist in this petition was an argument that the vast amount of unpublished raw experimental data in my client’s possession merited the waiver of a labor certification and an approval of his self-petition. I argued that the client’s raw data alone distinguished him from his otherwise qualified U.S. colleagues because it could be immediately and profitably used by any U.S. laboratory to advance research and save millions of dollars in R&D funding.

Result

NIW approval was achieved in under 6 months.