Nastia contacted us in the summer of 2017 when her OPT authorization was about to expire. She just graduated from Rhode Island School of Design with an MFA degree in textile engineering and was without legal options to extend or change her status through traditional employment.

During our initial interview, it became evident that Nastia is an exceptionally gifted textile designer, whose graduate research focused on creation of the most complex multi-layered textile composites (spacer fabrics) that can be possibly achieved on already existing textile knitting machinery. She developed her own original technology that was getting national attention in non-traditional fields of economy that utilize weight-sensitive and functionally diverse composite materials, such as civil and aerospace engineering (automotive and construction industries), impact and thermal protection (defense, active military and plain field operations), medical textiles (including body implants) and geotextiles.

To a lay person’s eye, her work looked exotic, futuristic and strikingly beautiful.

Nastia was clearly a person of extraordinary ability in her field but she was in the very beginning of her professional path. Therefore, EB-1 extraordinary ability green card category, which requires “sustained acclaim” over a period of time would not suit her. Since Nastia held an advanced degree in her field of endeavor, she looked like a perfect candidate for a EB-2 National Interest Waiver immigrant category, which requires showing that her professional endeavor has substantial merit, national importance and that she is well positioned to advance the proposed endeavor in the U.S. market. The standard for EB-2 National Interest Waiver category was articulated in a precedent decision by AAO (Administrative Appeals Office) in the Matter of Dhanasar just a year before, so we didn’t have much information on how the USCIS was adjudicating those types of petitions. But the time was running out and we had no other options.

We prepared a package of documents, containing I-140 petition and an application for adjustment of status so that Nastia could continue living in the U.S. while her petition was being adjudicated.

Nastia’s I-140 self-petition was approved after an RFE (Request for Evidence) asking to submit additional documents to prove that Nastia was well positioned to advance her endeavor. By that time, interest to her work strengthened and it was not difficult to meet the requirements contained in the RFE. Nastia’s petition was approved about a year after it was submitted and her green card application – a year later, after an interview with USCIS.