For many applicants who are researchers in an academic field and seek to apply for a green card through a National Interest Waiver, often it is less of a challenge to prove the first prong, that their work has substantial merit and national importance, but more of a challenge to prove the second prong, that they are well positioned to advance this proposed endeavor.
This post will compare two fact patterns from recent AAO cases that can shed light on what factors are important for proving that an applicant is well positioned to advance their proposed endeavor specific to research contexts.
Case 1 – Quantitative Analytics Researcher – Passed National Importance, but Failed Well Positioned, NIW Denied.
Petitioner was an analyst in the field of quantitative analytics. They earned a Ph.D. in Economics in 2020, and was currently employed as a quantitative analytics senior with a research organization. They proposed to develop novel mathematical models in order to accurately analyze real-life data and generate improved economic forecasts.
Substantial Merit and National Importance: The government found that the applicant’s plans to continue their employment with the agency, developing novel quantitative models and continuing to conduct research in their field, advanced human knowledge and therefore had substantial merit. Likewise, the government found that Petitioner’s proposed continued research on the area of economic modelling using quantitative analysis had the potential to impact this field on a broader scale because this work would be disseminated to other experts, through publications in academic journals and presentations.
Well Positioned: However, there was insufficient evidence to show that Petitioner has engaged in previous work that has “served as an impetus for progress in the field” or “generated substantial positive discourse.” There was insufficient evidence that the Petitioner played a “leading, critical, or indispensable role” in the research projects they participated in, such that their past achievements went “beyond the normal expectations of a quantitative analytics senior and researcher.” Although Petitioner showed that one of their papers had been cited 14 times, this alone was insufficient to show a record of success. In addition, there was insufficient backup evidence that their proposed collaborators on future projects were actually interested in partnering with the Petitioner to pursue this work.
Case 2 – Urologic Oncology Researcher – Passed National Importance, Passed Well Positioned, NIW Approved.
Petitioner was a physician-researcher in the field of urologic oncology. Petitioner was employed as a resident physician in the Department of Urology at a university hospital, and sought to continue their work through a fellowship program. Petitioner proposed to conduct observational and interventional studies and data analysis addressing cancer, and intended to conduct clinical trials to develop surgical approaches to enhance delivery of care to cancer patients.
Substantial Merit and National Importance: The government found that the applicant’s plans to conduct research and lead clinical trials, aiming to impact the costliness of healthcare provision and to create and develop innovative surgical approaches to enhance delivery of care for patients suffering from cancer, had substantial merit and national importance. The government found that this research had national importance because it would have broader implications to the field through dissemination of the results of this research through publications in scientific journals and presentations at conferences.
Well Positioned: Petitioner included letters from experts holding senior positions at a variety of University hospitals who described in detail how Petitioner developed surgical techniques that significantly impacted patient recovery, which had actually been utilized by medical centers in the United States and abroad. The government also noted Petitioner had authored a chapter in a publication by the American Urological Association (AUA), which was actually relied upon by specialists worldwide for the delivery of optimal patient care. The key here was showing that Petitioner’s past research results were disseminated and saw widespread implementation, such as being included in manuals actually used by a high number of practitioners and presented through leading associations in the field such as the AUA.
Conclusion
Researchers need to meet both the first prong, Substantial merit and National importance, and the second prong, Well positioned, to qualify for a green card through NIW (National Interest Waiver). Researchers also need to meet the third prong, on balance beneficial to the U.S., but in many cases, meeting the first and second prong already presents a good case for also meeting the third prong. To maximize chances for approval, it is important for researcher applicants to accurately evaluate how they can best support a case for Well Positioned. Attorneys at Scott Legal have a wide range of experience preparing NIW petitions and are happy to help in this process.
