Case Overview
Our client was a STEM PhD student on F-1 status conducting renewable energy (Solar PV) new-materials research. After completing coursework, the client sought EB-2 NIW (National Interest Waiver) permanent residency independently — bypassing postdoc or employer-sponsored routes — and engaged Song Law Firm.
Legal Issues
EB-2 NIW requires satisfying three prongs from Matter of Dhanasar (2016): (1) Substantial Merit and National Importance of the proposed endeavor; (2) Well Positioned to Advance; (3) On Balance, Beneficial to Waive labor certification (PERM).
Two issues were central when filing from F-1 student status: (a) demonstrating “well positioned to advance” while still a PhD candidate; (b) establishing renewable energy’s national importance persuasively.
Song Law Firm Strategy
Our immigration team established the three Dhanasar prongs as follows:
1. Prong 1 (Substantial Merit and National Importance) — We cited the 2024 Inflation Reduction Act renewable energy investments, Department of Energy’s Solar Futures Study, and the 2030 goal of 40% U.S. power from renewables to establish national importance. We attached professor reference letters and industry certifications indicating the client’s research could improve commercial Solar PV efficiency by 2+%.
2. Prong 2 (Well Positioned to Advance) — Despite still being a PhD candidate, the client had 8 first-author papers, 5 international conference presentations, and 2 DOE-affiliated project participations. Beyond the advisor, we secured reference letters from 3 industry experts attesting to the client’s “capacity to advance research independently.” We submitted a business plan outlining direct transition to industry R&D leadership without a postdoc.
3. Prong 3 (Beneficial to Waive) — We used BLS renewable energy workforce statistics and national strategy documents to show that PERM processing would create 2-3 year delays, during which the U.S. would fall behind in renewable energy talent competition.
Outcome
I-140 EB-2 NIW approved within 45 days of Premium Processing. Permanent residency was secured before PhD completion, establishing the client’s U.S. foundation without postdoc or employer sponsorship.
Lessons
For F-1 students seeking NIW, the decisive narrative is “already producing independent results in the field despite being in PhD training.” Song Law Firm has accumulated know-how on which evidence carries decisive weight under each of the three Dhanasar prongs.
This I-797 Notice of Action is from an actual case handled and approved by Song Law Firm. All client personal information has been fully redacted.
Consult with Song Law Firm
For specialized immigration and visa counsel, please contact Song Law Firm.
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※ This success story is published with the client’s consent and has been anonymized. Prior results do not guarantee similar outcomes. Individual results depend on the specific facts of each case. For legal advice, please consult a licensed attorney directly. Compliant with NJ Rules of Professional Conduct 7.1.
