Employer: Large U.S. Publicly Traded-Corporation
- To obtain permanent residency as quickly as possible for employee on temporary visa
- Obtaining approval of an Outstanding Researcher petition for a Development Engineer
- 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
Received EB-1 Outstanding Researcher approval in less than 3 weeks after filing the petition
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.