This is what my attorney wrote for me in the petition:
III. LABOR CERTIFICATION APPLICANTS FOR GOVERNMENT-FUNDED RESEARCH
Because the NYSDOT test involves a predisposition for the labor certification process, another issue arises. Specifically, this issue is whether granting a national interest waiver to a petitioning scientist would be contrary to the important national interest concerns of potential available U.S. workers.
Dr. xx has demonstrated a documented impact of research work and accomplishments substantially greater than others in his specialized field.( Details omitted.)
The very nature of “floating” funding prohibits employers from filing labor certification applications for these scientists. The change of funding and relocation of the scientists to new jobs would result in a withdrawal of any labor certification application. Given this reality, it should also be noted that a change of employer is not necessarily the desire of the scientist – unlike other professionals such as computer professionals, who leave jobs in search of higher pay. In these circumstances, the medical research scientist is forced to change employers and job sites to continue to pursue his/her area of expertise due to grant consolidations and other similar factors outside the control of the most esteemed international investigator.
Dr. xx is a leading scientist in the field of xx. His work has been funded by the National Institutes of Health, the most prominent institutions in and supporters of medical research in the United States. If funding should cease, however, Dr. xx’s critical research will end if he does not have the flexibility to change her employment in this vital field. He will need the ability, not allowed by the labor certification process, to follow the funding for this important research. Likewise, the long-term obligations of the labor certification process will adversely affect the national interest in the case of Dr. xx. Without this flexibility, Dr. xx could not have been recruited by xx from xx to contribute his expertise to one of the leading research efforts in the world.
For these reasons, it would be clearly contrary to the national interest of important xx research to deprive a prospective employer of the services of the alien.
III. LABOR CERTIFICATION APPLICANTS FOR GOVERNMENT-FUNDED RESEARCH
Because the NYSDOT test involves a predisposition for the labor certification process, another issue arises. Specifically, this issue is whether granting a national interest waiver to a petitioning scientist would be contrary to the important national interest concerns of potential available U.S. workers.
Dr. xx has demonstrated a documented impact of research work and accomplishments substantially greater than others in his specialized field.( Details omitted.)
The very nature of “floating” funding prohibits employers from filing labor certification applications for these scientists. The change of funding and relocation of the scientists to new jobs would result in a withdrawal of any labor certification application. Given this reality, it should also be noted that a change of employer is not necessarily the desire of the scientist – unlike other professionals such as computer professionals, who leave jobs in search of higher pay. In these circumstances, the medical research scientist is forced to change employers and job sites to continue to pursue his/her area of expertise due to grant consolidations and other similar factors outside the control of the most esteemed international investigator.
Dr. xx is a leading scientist in the field of xx. His work has been funded by the National Institutes of Health, the most prominent institutions in and supporters of medical research in the United States. If funding should cease, however, Dr. xx’s critical research will end if he does not have the flexibility to change her employment in this vital field. He will need the ability, not allowed by the labor certification process, to follow the funding for this important research. Likewise, the long-term obligations of the labor certification process will adversely affect the national interest in the case of Dr. xx. Without this flexibility, Dr. xx could not have been recruited by xx from xx to contribute his expertise to one of the leading research efforts in the world.
For these reasons, it would be clearly contrary to the national interest of important xx research to deprive a prospective employer of the services of the alien.
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