Chances for NIW?

[NIW06]

Here is my situation

Got PhD in Applied Nuclear Physics in May, 2005
Research project was funded by DOD through DARPA (contributes to nonproliferation of WMD). University was not in top 10, but in the 1st tier for sure.

Now on H1B visa for a litle bit over a year, employed as a Research Scientist in an R&D Dept. of a large international company (HQ in Europe). My job includes development and production support of new generation radiation detectors for:
1)Medical imaging (PET scaners, etc.)
2)Oil exploration
3)Homeland Security (portals for dirty bomb detection, etc.)

We were not allowed by DARPA to publish our findings for my PhD research. Now, when I am in a private company it's not easy as well. As a result I got just 1 publication in conference proceedings, couple of papers, where I was second author and authorship of the final report to DARPA.

Do you think I'd be qualified for NIW?

[bzuccaro]

NIW Elements

To qualify for an NIW, three elements must be met:

1. Must show that employment is in an area of work that is of substantial intrinsic merit. In re New York State Dept of Transportation, 22 I. & N. Dec. 215, 217 (1998).

2. Must demonstrate that the proposed benefit of your services will be national in scope. In re New York State Dept of Transportation, 22 I. & N. Dec. 215, 217 (1998).

3. Must show that national interest would be adversely affected if a labor certification were required. In other words, you need to establish that you will serve the national interest to a substantially greater degree than would an available U.S. worker having the same minimum qualifications. In re New York State Dept of Transportation, 22 I. & N. Dec. 215, 217 (1998). Generally, an individual must distinguish himself from the minimally qualified U.S. worker in one of two ways. Matter of X-, EAC 98-263-51497 (AAO, Feb. 27, 2001).

a. By presenting a record of past achievement in the field that would reasonably lead to tangible benefits to the national interest.

i. Must show past history of demonstrable achievement with some degree of influence on the field as a whole. Must establish that your past record justifies projection of future benefit to the national interest. In re New York State Dept of Transportation, 22 I. & N. Dec. at 219. Influence in the field is measured by the quality of the individuals whom submit letters of support, their degree of independence from the petitioner, and what they say about the petitioner’s accomplishments.

This is a key element here. If you cannot show substantial publications, then you must be able to compensate by providing a stronger case elsewhere, e.g., with independent letters of support, and/or additional items stated in paragraph (ii).

ii. The benefit the presented to the field of endeavor must greatly exceed the achievements and significant contributions contemplated in the exceptional ability regulations provided at 8 CFR § 204.5 (k) (3) (ii) (F).

b. By demonstrating that you are playing a key or critical role in a project that will yield tangible benefits and is national in scope. Matter of X-, EAC 98-263-51497 (AAO, Feb. 27, 2001).

Hope this helps.

Here is my situation

Got PhD in Applied Nuclear Physics in May, 2005
Research project was funded by DOD through DARPA (contributes to nonproliferation of WMD). University was not in top 10, but in the 1st tier for sure.

Now on H1B visa for a litle bit over a year, employed as a Research Scientist in an R&D Dept. of a large international company (HQ in Europe). My job includes development and production support of new generation radiation detectors for:
1)Medical imaging (PET scaners, etc.)
2)Oil exploration
3)Homeland Security (portals for dirty bomb detection, etc.)

We were not allowed by DARPA to publish our findings for my PhD research. Now, when I am in a private company it's not easy as well. As a result I got just 1 publication in conference proceedings, couple of papers, where I was second author and authorship of the final report to DARPA.

Do you think I'd be qualified for NIW?