Attorney Michael Jolic was retained by a company seeking to employ a Hospitalist physician. The foreign national employee had less than one year of H1B time remaining towards his six year limit. Unfortunately, his prior immigration attorney failed to file a timely I-140 petition following approval of the PERM. This created a situation where it was not possible for the employee to extend his H1B; his ability to remain in the United Sates legally was at stake. Attorney Jolic devised a strategy to pursue a path towards permanent residency based on a National Interest Waiver. The petition was prepare and filed timely, thereby creating the ability for the individual to remain in legal status until the NIW petition and green card are approved.