Dr. William:

I visited your wonderful website of greencardapply.com. I got a lot of information about NIW petition. I am interested in apply green card through NIW.

Currently I have a permanent position as biostatistician for AIDS clinical. I also had two master degree, one in Epidemiolgy, and one in Biostatistics. I work with a team of famous clinicians on AIDS treatment study, and work on study design, data analysis,
and interpretation of study results. However, I don't have any publication yet.

I don't know whether I am eligible to apply for NIW category or not. I believe the field of AIDS clinical trial is national interest, and in
national scope. However, I don't know how to address the third point: "You must persuasively demonstrate that the national interest would be adversely affected if a labor certification were required. You must demonstrate that it would be contrary to the national interest to potentially deprive a prospective employer of your services by making available to U.S. workers the position you seek. If self-employed, you must also establish that the national interest would be adversely affected if a labor certification were required."

Could you give me any advice on this issue. Your response will be very helpful. Thanks.

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A:

As I understanding, you question here is “how to address the third point”, not the evaluation of your situation for NIW. The question you mentioned in the email is an USCIS rule for the “Matter of New York State Dept. of Transportation”.

The key argument for above USCIS question is that “Labor Certification procedure is lengthy and employer-oriented, so that it would hinder your freedom and collaboration in pursuing the different approaches or in different laboratories/fields in your research if the labor certificate were required.” This question and other USCIS questions for “Matter of New York State Dept. of Transportation” are answered in detail in our “Complete Do-it-Yourself” Package for RFE of National Interest Waiver (NIW):