Law Offices of
Shawn S. Sedaghat
_____________________A Legal Corporation_____________________
Tel:(818) 382-3333 Fax:(818) 827-3466 14011 Ventura Boulevard, Suite 400, Sherman Oaks, CA 91423
[Link]
Mailing Address: P.O. Box 261368 Encino, CA 91426-1368
USCIS
Nebraska Service Center
850 S Street
Lincoln, NE 68508
RE: Petition for EB-2 Classification with National Interest Waiver
Dear Sir/Madam,
We respectfully submit this petition for [Client’s Name] seeking an EB-2 immigrant visa
classification with a National Interest Waiver (NIW). This petition demonstrates that [Client’s
Name]'s work aligns with the criteria established by *Matter of Dhanasar*, 26 I&N Dec. 884
(AAO 2016). Specifically, this petition will show that: (1) [Client’s Name]'s proposed endeavor
has substantial merit and national importance, (2) [Client’s Name] is well-positioned to advance
the proposed endeavor, and (3) waiving the job offer and labor certification requirements would
benefit the United States.
Facts of the Case
1. Educational Background and Qualifications:
[Client’s Name] holds a Master’s degree in Environmental Sciences from Southern
Illinois University Edwardsville (SIUE). They possess specialized certifications in
asbestos inspection and environmental project management, equipping them with the
knowledge and skills necessary to make impactful contributions to environmental health
and public safety in the U.S.
2. Research on Public Health and Sustainability:
[Client’s Name] conducted significant research on community perceptions of drinking
water quality, which was the subject of their Master’s thesis. Their research offered
strategies to increase public confidence in municipal tap water, which has implications
for reducing plastic waste from bottled water consumption, thus supporting the U.S.
Environmental Protection Agency’s (EPA) sustainability goals.
3. Experience in Environmental Health and Industrial Hygiene:
[Client’s Name] has extensive professional experience in asbestos abatement, hazardous
materials management, and environmental safety. They have overseen multiple projects
in compliance with U.S. Occupational Safety and Health Administration (OSHA) and
EPA regulations, helping to protect communities from dangerous exposure to asbestos
and other hazardous materials.
4. Contributions to National Health and Safety:
The successful completion of these projects has improved public health by mitigating
risks related to asbestos exposure. Furthermore, [Client’s Name]’s research on drinking
water quality provides actionable solutions for U.S. cities to manage aging infrastructure
and improve water quality, thus addressing key public health concerns.
Issues Presented
Whether [Client’s Name]’s Proposed Endeavor Has Substantial Merit and National
Importance:
[Client’s Name]’s work on improving public perception of tap water quality and
managing asbestos remediation addresses significant public health and environmental
safety concerns. Both endeavors are aligned with national priorities such as improving
water quality, reducing plastic waste, and protecting communities from hazardous
materials exposure.
Whether [Client’s Name] Is Well-Positioned to Advance Their Proposed Endeavor:
[Client’s Name] possesses both the academic background and practical experience to
advance their proposed work in environmental health and sustainability. Their expertise,
evidenced by their research, certifications, and professional leadership, demonstrates their
ability to successfully implement solutions to environmental challenges facing the U.S.
Whether Waiving the Job Offer and Labor Certification Requirements Serves the
National Interest:
Given the specialized nature of [Client’s Name]’s work in public health and
environmental safety, requiring a labor certification would unnecessarily delay critical
contributions. [Client’s Name]’s work is unique and not easily replicable, and continuing
their contributions without the constraints of a labor certification would directly benefit
U.S. public health and environmental goals.
Legal Standard for National Interest Waiver
In accordance with Matter of Dhanasar, the National Interest Waiver (NIW) requires a petitioner
to demonstrate the following three elements:
1. Substantial Merit and National Importance: The proposed endeavor must have
substantial merit and national importance. This involves showing that the work is of
significant value to the United States and addresses issues of substantial relevance to the
nation.
2. Well-Positioned to Advance the Proposed Endeavor: The petitioner must be well-
positioned to advance the proposed endeavor. This requires demonstrating that the
petitioner has the necessary qualifications, expertise, and track record to achieve the goals
of the proposed work.
3. Benefit to the United States by Waiving the Job Offer and Labor Certification
Requirements: The petitioner must show that it would benefit the United States to waive
the job offer and labor certification requirements. This involves proving that the
petitioner’s contributions are of such significance that requiring a labor certification
would be contrary to the national interest.
These criteria are designed to ensure that only those individuals whose work is truly in the
national interest of the United States receive the NIW benefit.
The EB-2 National Interest Waiver (NIW) process offers a pathway to permanent residency in
the United States for individuals with advanced degrees or exceptional abilities, provided they
meet certain criteria. Here’s a breakdown of the key points for the EB-2/NIW:
Overview of EB-2/NIW:
EB-2 Visa: Designed for individuals holding advanced degrees (Master’s or higher), or
individuals with exceptional abilities in sciences, arts, or business.
National Interest Waiver (NIW): Allows applicants to self-petition without a labor
certification or job offer, meaning they do not need an employer sponsor, unlike
traditional EB-2 applicants.
NIW Requirements:
To qualify for an NIW, applicants must meet a three-pronged test established in Matter of
Dhanasar:
1. Substantial Merit and National Importance: The applicant’s proposed endeavor must
have a demonstrable impact that is both significant and of national importance. This
could be in fields such as technology, health, environment, or education.
2. Well-Positioned to Advance the Proposed Endeavor: The applicant must prove they
have the qualifications, skills, experience, and plan to advance their proposed work
effectively. This includes past achievements and ongoing contributions in the field.
3. Beneficial to Waive Job Offer and Labor Certification: It must be shown that, on
balance, the United States would benefit more from waiving the requirement of a job
offer and labor certification than by adhering to it. This is often demonstrated by the
unique and critical nature of the applicant’s work and the impracticality of requiring labor
certification.
Key Points:
No Job Offer Required: NIW applicants can self-petition, unlike traditional EB-2
candidates who need an employer sponsor.
Green Card Eligibility: Once approved for the NIW, applicants can pursue permanent
residency by filing for adjustment of status or consular processing.
Exceptional Ability Option: While less common, individuals can also qualify by
proving “exceptional ability,” which means a level of expertise significantly above that
usually encountered in their field.
I. Substantial Merit and National Importance
A. Addressing Public Health and Environmental Challenges
[Client’s Name]'s research as an environmental scientist and industrial hygienist is of substantial
merit and national importance, addressing critical issues in public health and environmental
sustainability. A central component of [Client’s Name]'s research is the evaluation of community
perceptions of drinking water quality and consumer behavior, a topic explored in [Client’s
Name]'s Master’s thesis at Southern Illinois University Edwardsville (SIUE). This research,
titled “Community Perceptions of Drinking Water Quality and Consumer Behavior: An
Analysis,” examines factors influencing consumer choices between bottled water and tap water,
highlighting issues related to public trust in municipal water systems.
According to the American Water Works Association (AWWA), approximately 44% of U.S.
consumers express skepticism about tap water quality, leading to increased bottled water
consumption (AWWA, 2023). [Client’s Name]’s findings suggest that enhancing transparency
and communication about water quality can significantly boost public confidence in tap water,
which is crucial for reducing reliance on bottled water and mitigating plastic waste (see Exhibit
A). This research supports national sustainability goals and addresses growing environmental
concerns about plastic pollution, as outlined in the U.S. Environmental Protection Agency’s
(EPA) “Plastics Pollution” report (EPA, 2022).
B. Combatting Asbestos Exposure
In addition, [Client’s Name] has made significant contributions in the field of asbestos abatement
and hazardous materials management. Asbestos, a known carcinogen, poses severe health risks,
including respiratory illnesses and cancers (Agency for Toxic Substances and Disease Registry,
ATSDR, 2023). [Client’s Name] has been actively involved in inspecting, sampling, and
managing asbestos remediation projects, ensuring compliance with U.S. Occupational Safety and
Health Administration (OSHA) and EPA regulations.
The Centers for Disease Control and Prevention (CDC) emphasizes the importance of effective
asbestos management in preventing exposure-related diseases (CDC, 2024). [Client’s Name]'s
work in overseeing asbestos remediation aligns with these recommendations and addresses
critical public health risks. The successful completion of these projects helps to safeguard
communities from hazardous exposure and is integral to protecting public health.
II. Well-Positioned to Advance the Proposed Endeavor
A. Demonstrated Expertise and Experience
[Client’s Name] is exceptionally well-positioned to advance their proposed work. [Client’s
Name] holds a Master’s degree in Environmental Sciences and possesses certifications in
asbestos inspection and project management, providing the technical expertise needed for
impactful environmental projects. During [Client’s Name]'s tenure at Environmental Design
International Inc., they have led numerous complex environmental health and safety initiatives,
including hazardous materials surveys and indoor air quality assessments (see Exhibit C).
The National Institute for Occupational Safety and Health (NIOSH) underscores the importance
of such initiatives for maintaining safe working environments and promoting public health
(NIOSH, 2023). [Client’s Name]’s expertise in these areas ensures that they can effectively
address emerging environmental health challenges and contribute valuable solutions to the U.S.
national interest.
B. Impact of Research and Collaboration
[Client’s Name]'s research on drinking water quality and public perception continues to shape
their work and influence policy. By addressing concerns related to aging infrastructure and water
quality, [Client’s Name]’s research provides actionable solutions for enhancing public
confidence in municipal water supplies. [Client’s Name] has presented their findings at industry
conferences, including the Water Quality Association (WQA) Annual Conference, and
collaborated with environmental experts, further extending the impact of their work (see Exhibit
D).
The U.S. Geological Survey (USGS) highlights the importance of such research in ensuring safe
and reliable water supplies (USGS, 2024). [Client’s Name]’s contributions are instrumental in
advancing water management practices and addressing public health concerns.
III. Balancing the National Interest
A. Importance of Waiving Job Offer and Labor Certification Requirements
Waiving the job offer and labor certification requirements is in the national interest due to the
specialized nature of [Client’s Name]'s work. The environmental and public health challenges
addressed by [Client’s Name], including asbestos remediation and improving water quality
perceptions, require unique expertise that cannot be easily replicated. The U.S. Department of
Health and Human Services (HHS) supports the need for specialized knowledge in tackling these
critical issues (HHS, 2024).
The delay caused by the labor certification process would hinder the timely implementation of
solutions that [Client’s Name] provides. The expert testimonials (Exhibits G and H) underscore
the urgency and national significance of [Client’s Name]'s contributions, affirming that their
continued work is essential for addressing pressing environmental and public health challenges.
Prayer for Relief
In light of the foregoing facts and issues, we respectfully request the following relief:
1. That the USCIS recognize the substantial merit and national importance of [Client’s
Name]’s proposed work, including their research on drinking water quality and their
leadership in asbestos abatement and hazardous materials management.
2. That USCIS acknowledge [Client’s Name]’s qualifications and expertise, affirming that
they are well-positioned to advance the proposed endeavors that benefit public health and
environmental sustainability in the U.S.
3. That USCIS grant the requested National Interest Waiver, waiving the job offer and labor
certification requirements, recognizing that it is in the national interest to allow [Client’s
Name] to continue their contributions without delay.
4. That USCIS approve [Client’s Name]’s petition for an EB-2 immigrant visa classification
under the National Interest Waiver, allowing them to continue their work in the United
States for the betterment of public health, environmental sustainability, and national well-
being.
We thank the USCIS for its time and consideration of this petition and respectfully submit these
facts and legal arguments for your review. Given the substantial merit and national importance of
[Client’s Name]'s work, their proven qualifications, and the national interest served by waiving
the labor certification requirement, we respectfully request that USCIS approve this petition for a
National Interest Waiver
Thank you for your time and consideration.
Sincerely,
[Your Name]
[Your Firm Name]
Enclosures: Exhibits A–H
Exhibit A: Master’s Thesis
Title: “Community Perceptions of Drinking Water Quality and Consumer Behavior: An
Analysis”
Description: This document includes [Client’s Name]'s research findings and methodologies
related to consumer perceptions of drinking water quality and the implications for reducing
bottled water consumption.
Exhibit B: Asbestos Abatement Projects
Description: Documentation of [Client’s Name]'s involvement in asbestos inspection, sampling,
and remediation projects. Includes project reports, compliance certifications with OSHA and
EPA regulations, and evidence of successful project completion.
Exhibit C: Employment Verification and Project Summaries
Description: Verification of [Client’s Name]'s tenure and role at Environmental Design
International Inc. Includes summaries of key environmental health and safety initiatives led by
[Client’s Name], such as hazardous materials surveys and indoor air quality assessments.
Exhibit D: Conference Presentations and Collaborations
Description: Records of [Client’s Name]'s presentations at industry conferences, including the
Water Quality Association (WQA) Annual Conference. Includes details of collaborative projects
with environmental experts and the impact of this work on water management practices.
Exhibit E: Letters of Support
Description: Letters from industry experts and colleagues affirming [Client’s Name]'s
qualifications, contributions to asbestos abatement and hazardous materials management, and
their impact on public health and environmental safety.
Exhibit F: Certifications and Licenses
Description: Copies of [Client’s Name]'s relevant certifications and licenses in asbestos
inspection, project management, and environmental sciences.
Exhibit G: Expert Testimonials on National Importance
Description: Testimonials from experts highlighting the national significance of [Client’s
Name]'s work, particularly in the areas of public health and environmental sustainability.
Exhibit H: Evidence of National Impact
Description: Documentation showing the national impact of [Client’s Name]'s work, including
media coverage, policy recommendations, and any awards or recognitions received.