Industry: Colleges, Universities, and Professional Schools
Employer: American Public Research University

Challenges: Obtain Quick Approval of an Immigrant Visa Petition for Current Faculty Member

Solutions:
  • Comprehensive Discussion of Employee’s Qualifications and Importance to School
  • Request Premium Processing for Fast Approval

Results: Approval for EB-1 Outstanding Professor 8 Days after Submitting Petition

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A large U.S. university was interested in retaining valuable faculty member as a professor. The professor was employed by the university on a temporary work visa, which was set to expire in the coming year. Therefore, a more permanent solution was sought. The university wished to sponsor the petition for the professor and receive approval as quickly as possible to ensure a smooth transition from non-immigrant to immigrant visa status.

In preparing the case, we focused heavily on the professors past and present research endeavors, which showed this particular individual’s contributions to their field as a whole. By providing letters from experts in the professor’s research field along with evidence of publication citations, we were able to show that the professor made original scientific and scholarly research contributions to the field.

For the proposed employment, we detailed the tenure-track position and how the professor would continue to be engaged in their area of expertise. We provided an original offer letter, updated employment letter, amongst the voluminous amount of supporting documents. Our petition comprehensively covered all aspects of a petition that USCIS scrutinizes in order to reduce the chance of receiving a Request for Evidence, which would slow down the processing time.

After submitting the case to USCIS with a request for premium processing, the petition was approved in 8 days. The university and professor could take comfort in knowing that another non-immigrant visa status did not need to be sought and that a key member of faculty could be retained to continue their great contributions to the university.

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Industry: Pharmaceutical Preparation Manufacturing
Employer: Private Biopharmaceutical Company

Challenges:

  • Net Income of the Client Company was Negative
  • Needed Approval of Petition for Future Employee

Solutions:

  • Prove Client’s Ability to Pay Offered Wage through Net Current Assets Test
  • Present Offer Letter and Draft Strong Letter of Support for Client

Results: Approval for EB-1 Outstanding Researcher

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Our client was a start-up biopharmaceutical company that was interested in hiring a scientist to help develop novel drugs for human treatment. This company did not currently have the employee on staff, but was interested in hiring the potential employee if they had proper work authorization. Due to this, a labor certification process and traditional employment-based green card process would require the job offer to be held over several months. Therefore, the company wanted to sponsor an EB-1 Outstanding Researcher Petition, which could be processed and approved without a labor certification.

One of the challenges to employer-sponsored petitions of all categories is that the employer must show that they have the ability to pay the proffered salary. For a start-up like this biopharmaceutical company, the company is typically not turning a profit for many years, which is what was the case in this instance. Since we could not show that the company had the ability to pay the proffered salary by their net income or a history of employment for this particular individual, we needed to use other means. In this case, we provided financial reports from the company that showed that although they had negative net income, they still had net current assets on hand that could show their ability to pay the future employee’s salary.

We provided USCIS with an offer letter and strong letters of support for this petition, so that the benefit that this employee would bring to the company would be fully understood. We also requested premium processing of the petition to have the case adjudicated quickly and both the company and employee would be confident on how to plan for future employment. One month after submitting the petition, the EB-1 Outstanding Research Petition was approved. The employee could now obtain a green card based on this approval and receive an Employment Authorization Document while they awaited the receipt of their green card.

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Industry: Semiconductors
Employer: Large U.S. Publicly Traded-Corporation

Challenges:

  • To obtain permanent residency as quickly as possible for employee on temporary visa
  • Obtaining approval of an Outstanding Researcher petition for a Development Engineer

Solutions:

  • Apply for EB-1 Outstanding Researcher classification, where the labor certification process is not required and expedition of the petition is possible.
  • Focus on the research background of the employee and emphasis of the research aspects of the position sought

Results: Received EB-1 Outstanding Researcher approval in less than 3 weeks after filing the petition

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To continue their presence as one of the top semiconductor device manufacturers, our client needs to continuously hire and employ the top engineers in the world. This requires that their search for talent must not be limited to US citizens. One of the issues with this, is that employers like our client will have to hire employees on temporary visas, which requires renewal and can be unpredictable. To alleviate the burden of visa renewals and uncertainty, our client decided that they wanted to sponsor an employee on an immigrant visa (green card).

The problem with traditional employer-sponsored immigrant visas is that they typically require a lengthy labor certification process which can be time consuming and expensive. With the EB-1 Outstanding Researcher classification, a labor certification is not necessary. This means that there is no precursor to filing the petition requesting the classification. Additionally, premium processing is available for the category so that action is taken on the petition within 15 calendar days. This was very appealing to the employer in the given case, since they wanted to ensure that the classification sought would be adjudicated quickly, so that they could plan for the future position of the employee.

Another benefit for this classification is that the EB-1 category has a current priority date, so the employee from India would not need to wait several years after petition approval to adjust their status; rather, they could begin to adjust their status as soon as the petition was filed.

This employee was to be responsible for researching and developing novel processes to reduce the size and improve the capacity of semiconductor devices. The employee’s unique research background had proven to be valuable in the academic and industrial world, but since they only recently obtained their Ph.D., they had not had time to accumulate many of the academic accolades someone of their ability would exhibit. We had shown that despite not having an overwhelming citation record, their work was nonetheless very impressive due to the context of the use of their work by other researchers.

By sufficiently showing USCIS that our client’s employee was worthy of the selective classification, our client was able to have their employee’s petition approved in less than 3 weeks. They were then able to plan the employee’s future with the company without the uncertainties inherent of non-immigrant, temporary visas.

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