Frequently Asked Questions and Answers
Q: What is the Immigration Category of Employment-Based First Preference Immigration (EB1)?
A: This category is for priority workers. This category includes:
- Aliens of Extraordinary Ability in the sciences, arts, education, business, or athletics;
- Outstanding researchers or professors at universities or with private employers;
- Multinational managers and executives eligible for transfer to the United States.
Q. What is the EB1 Outstanding Professor or Researcher immigration classification? and what are the document requirements for applications in this classification? and who can file a petition for an outstanding professor or researcher?
A: The EB1 Outstanding Researcher or Professor classification (EB1-OR, or EB1B) is the Employment-Based First Preference Immigration. This petition consists of Form I-140 and supporting documents to show that the alien beneficiary meets EB1 Outstanding Researcher or Professor criteria. If filing an EB1-OR petition, you should also include documentation demonstrating your Outstanding Ability, you should also include a letter demonstrating a permanent job offer as well as evidence of 3 years teaching or research experience.
Any United States employer desiring and intending to employ a professor or researcher who is outstanding in an academic field may file a Form I-140 petition in such classification. Employer should file it for the alien employee.
Q: What is EB-1B? and what are the requirements for EB-1B?
A: The EB-1B is a classification of outstanding professors and researchers, and it is given to professor and researchers recognized internationally for their outstanding academic achievements in a particular field.
An EB-1B outstanding professor or researcher must have at least 3 years experience in teaching or research in an academic area, and enter the United States in a tenure or tenure track teaching or comparable research position at a university, or other institution of higher education.
Q: What are the major advantages and issues need to know for EB1 Outstanding Professors or Researchers application?
1) No labor certification is required for Form I-140 filing under EB1.
2) The immigrant visas are current for EB1, so it is much faster to obtain a U.S. Green Card in this category than other categories under EB2 and EB3.
3) The U.S. employer must file the EB-1B application with the USCIS as a sponsor; the foreign employee is the beneficiary of the application.
4) A job offer from the U.S. employer is required for this category.
Q: Who could qualify for the EB1 outstanding professor or researcher immigration petition?
A: The following 3 requirements must be satisfied for a petition of EB1 outstanding professors or researchers:
1) An outstanding professor or researcher is a foreign alien who is recognized internationally as outstanding in an academic field.
2) The foreign alien must have at least 3 years of experience in teaching or research in an academic field.
3) The foreign alien must be offered a tenured or tenure-track teaching or research position at a university, or a comparable research position with a private employer if the employer has at least three full-time researchers and documented accomplishments in the research field.
Q: What are the requirements for the EB1 Outstanding Researcher or Professor immigrant visa category?
A: For EB1 Outstanding Researcher or Professor (EB-1B) application, the petitioner should demonstrate that the researcher or professor is recognized internationally in an academic area with specific documentations. Also the alien beneficiary should have at least three years' experience in teaching or research within an academic area.
The alien beneficiary should be sponsored by:
1) a university or institution of higher education, with a tenured or tenure-track position;
2) a university with academic research position;
3) a private company in a comparable position. A private employer should have documented research results and employ at least three full-time researchers.
Q: What are the job position requirements for the EB1 Outstanding Researcher or Professor immigrant classification?
A: The offered job position should be a permanent position, which could be either tenured, tenure-tracked, or for a term of indefinite or unlimited duration. For the offered job position, the alien employee will ordinarily have an expectation of continued employment, unless there is good cause for termination.
Q: What is the qualified tenure, tenure track or comparable positions for EB1 Outstanding Professor or Researcher petition?
A: For EB1 Outstanding Professor or Researcher Green Card application, a tenure or tenure track position means a job that has no definite termination date. Therefore, it can be a teaching or research position at a university, or a research position with a private employer if the employer has at least 3 full-time researchers, and also has documented accomplishments in the research field.
Since the private employers do not normally offer "tenure" position to employees, for a private employer, the “comparable“ position for EB1 Outstanding Professor or Researcher category would be a “permanent“ position as defined by the USCIS rules, and the job description and duties are similar to those of a researcher in an university.
Q: What kind of employer can provide the job offer required by EB1 Outstanding Researcher or Professor immigrant classification?
A: For EB1 Outstanding Researcher or Professor immigrant classification, the job offer should be in the form of a letter and come from:
1) a U.S. university or institution of higher learning, for a tenured or tenure-track teaching position or permanent research position in an academic field;
2) a department, division, or institute of a private employer, for a permanent research position in an academic field.
Q: Who can file an application under the EB1 outstanding professor or researcher category? and is a labor certification required for this category?
A: The U.S. employer should file the EB1 outstanding professor or researcher petition with the USCIS. The foreign alien is the beneficiary of the EB1 outstanding professor or researcher petition. All petitions of EB1 need to file the Form I-140.
No labor certification is required before the I-140 filing for EB1 outstanding professor or researcher. A job offer is required under the category of EB-1B, and the foreign professor or researcher needs U.S. employer's sponsorship to file the EB-1B petition. All EB1 immigrant visas are current, so it much faster to obtain a Green Card in this category than others.
Q: What kind of evidence should be submitted to USCIS in an EB-1B application?
A: The EB-1B petitioner should submit evidence to USCIS to establish that the professor or researcher is recognized as outstanding in an academic field. The submitted evidence must include documentation of at least two of the following:
1) Receipt of major prizes or awards for outstanding achievement;
2) Membership in associations that require their members to demonstrate outstanding achievements;
3) Published material in professional publications written by others about the alien's work in the academic field;
4) Participation, either on a panel or individually, as a judge of the work of others in the same or allied academic field;
5) Original scientific or scholarly research contributions in the field;
6) Authorship of scholarly books or articles (in scholarly journals with international circulation) in the field.
Q: How to apply for U.S. permanent residency (Green Card) in the category of EB1 Outstanding Researcher or Professor?
A: For a U.S. employer to seek permanent residency for an alien in EB1 Outstanding Researcher or Professor category, the following is the process:
1) The employer should file Form I-140 application, Petition for Alien Worker, and also submit the job offer and other evidence to USCIS. (It is possible to file From I-485 application concurrently with Form I-140 application, if an immigrant visa number is available for the alien beneficiary)
2) Upon approval of Form I-140, the alien beneficiary should file Form I-485 application for adjustment of status, if an immigrant visa number is available, and the alien beneficiary is in U.S. On the other hand, if the alien beneficiary is outside the United States when an immigrant visa number becomes available, the alien could complete the process of status adjustment at a nearest U.S. consulate office.
3) If the From I-485 application is approved by USCIS, the alien beneficiary is granted U.S. permanent resident status, and will receive a permanent resident card (Green Card) in mail.
If the alien beneficiary went through the immigrant visa process overseas, the alien beneficiary can enter the U.S. and receives an immigrant visa attached to the passport at the U.S. port of entry, to serve as evidence of immigrant status until receiving the Green Card in mail.
Q: Does EB-1B need employer sponsorship?
A: A labor certification is not required in EB-1B petition. But the EB-1B immigration application requires that alien has a permanent employment offer from an employer in United States. The permanent job offer may includes tenure or tenure track positions, or other permanent job position. For positions other than a tenure or tenure track position, the job offer letter should be carefully drafted to meet the "permanent job" requirement of EB-1B application.
Q: Can private companies sponsor EB-1B application?
A: EB-1B is an immigration category for researchers and professors only. To be eligible for this classification, the alien applicant's job duties must be primarily research.
A private company can file EB-1B application for an alien worker. But there are other requirements that a private company has to meet for filing an EB-1B application. If the U.S. employer is a private company, not a university or educational institution, the private employer must employ at least 3 full time researchers in their research activities, and have achieved documented accomplishments in an academic field.
Q: How difficult it will be to get an EB1-B application approved?
A: The burden of EB1-B application approval rests with the petitioner. The petitioner should provide substantial evidence of at least 2 out of 6 EB-1B criteria the foreign professor and researcher to satisfy. If the professor or researcher is qualified, then the success depends largely on the way the application is presented to USCIS.
If the submitted evidence to USCIS is well presented, and the provided arguments for the case are persuasive, then the EB-1B application should be approved. Generally, the approval rate of EB1-B case is about 90 percent, according to the USCIS published statistics.
Q: What are the initial requirements for an EB1 Outstanding Researcher or Professor application?
A: An EB-1B application must meet the following requirements:
1) the alien beneficiary has at least three years experience in teaching or research in an academic area;
2) the alien beneficiary has a tenured or tenure track teaching position or comparable research position, at a university or other institution of higher education or a private employer;
3) evidence that the alien beneficiary is recognized internationally as outstanding in the academic field.
4) the employer must show the ability to pay the proffered wage to the alien beneficiary.
Q: What requirements and documents should be included in the EB1 Outstanding Professor or Researcher petitions?
A: The petition for EB1 Outstanding Professor or Researcher should include the follow documents:
1) The petition should determine which of the 6 criteria the alien beneficiary is attempting to satisfy, and provide the relevant evidence for the individual criterion.
2) The petitioner should provide evidence that the alien beneficiary has at least 3 years of experience in teaching or research in an academic field.
3) Submit a copy of the employer's job offer issued to the alien beneficiary. The job offer letter should indicate the title, terms and conditions of the offered job position.
Q: How to submit the evidence of employment offer from an U.S. employer for EB1-B application?
A: Since a labor certification is not required for the EB1 Outstanding Professor or Researcher application, the job offer should be submitted in the form of a letter from:
1) a U.S. university or institution of higher learning offering the alien professor or researcher a tenured or tenure-track teaching position in an academic field;
2) a U.S. university or institution of higher learning offering the alien professor or researcher a permanent research position in an academic field; or
3) a department, division, or institute of a private employer offering the alien professor or researcher a permanent research position in an academic field. The department, division, or institute should demonstrate that it employs at least 3 persons full-time in research positions, and that it has achieved documented accomplishments in an academic field.
Q: I am a lead engineer working for an small private company with H-1B visa for 2 years, and I have some publications. I want to apply for EB1 Alien with Extraordinary Ability category, or EB1 Outstanding Researcher or Professor category, What are the major differences of these two categories?
A: The major differences between the EB1 Alien with Extraordinary Ability category or EB1 Outstanding Researcher or Professor category include:
1) The "EB1 Extraordinary Ability" category generally requires higher achievement and ability;
2) The "EB1 Extraordinary Ability'' category can apply to many different fields in the sciences, arts, education, business, or athletics, while the "EB1 Outstanding Researcher or Professor" category generally applies to scientific or scholarly fields;
3) The "EB1 Extraordinary Ability" category requires no specific employment or job offer, while the "EB1 Outstanding Researcher or Professor" category requires a job offer for a permanent research position or a tenured/tenure track teaching position;
4) One can self-petition in the "EB1 Extraordinary Ability" category without a U.S. employer's sponsorship, while the "Eb1 Outstanding Researcher or Professor" category requires a sponsorship from the alien's employer or prospective employer;
5) The "EB1 Outstanding Researcher or Professor" category requires at least three years experience in the field, while the "EB1 Extraordinary Ability" category has no specified minimum experience requirement for any particular field.
Q. If I have a choice between filing an EB1 Alien of Extraordinary Ability and filing an EB1 Outstanding Professor or Researcher petition, which petition should I choose? Also, can I change job after filing an EB1 Outstanding Researcher or Professor petition?
A: If you meet both criteria, generally it is recommended that you file for an Alien of Extraordinary Ability petition which will not bind you to any particular employer and which you may file on your own behalf, or you should file both petitions to increase your approval chance.
However, an EB1 Outstanding Researcher or Professor petition requires a job offer from an employer. In addition, EB1 Outstanding Researcher or Professor category is definitely an employer specific immigrant classification, a change of employer while your petition is pending may terminate your petition.
Q. What is the documented academic accomplishments of a company? Can I file both Alien of Extraordinary Ability and an Outstanding Professor or Researcher petitions at the same time?
A: The documented academic accomplishments include publications by its employees, patents, conference presentations, and industrial standards set by the company.
Many alien applicants file both petitions simultaneously. Often, one petition may be approved earlier than the other petition. In addition, if one petition is denied for some reason, there is still a chance that the other petition may be approved.
Q. I am working for a private company, can I apply under this category? How many publications are sufficient to meet the Outstanding Researcher requirements?
A: If the employer is a private company rather than a university or educational institution, the private employer must employ at least three persons full time in research activities, and has achieved documented accomplishments in an academic field. There is no specific minimum publication requirement for an alien applicant, and it is determined by USCIS on a case-by-case basis.
Q: How to define a permanent research job for EB1 Outstanding Professor or Researcher application?
A: We understand that many research positions at universities are not tenure or tenure track positions. Therefore, USCIS regulations permit a job offer to qualify for EB-1B green card application, if the job position is offered as a “permanent research position“ to the alien beneficiary.
A “permanent“ position is defined as a position without a term of indefinite or unlimited duration, and the employee will normally have an expectation of continued employment, unless there is good cause for termination.
Q: Can I file for the EB1 Outstanding Researcher or Professor application by myself? Do I need to get a labor certification from the Department of Labor for an EB-1B application?
A: No. you cannot file for the EB1 Outstanding Researcher or Professor application by yourself. A United States employer should fill for you under the classification of EB1 Outstanding Researcher or Professor.
A Labor Certification is not required for EB1 Outstanding Researcher or Professor application. But you need to have an job offer from a prospective United States employer of educational institution or private company.
Q: I am working for a government agency, could a government agency qualify for EB-1B application for me?
A: The government agencies at the federal, state, or local level are not within the employer definition for EB1-B application, unless the government agency is a U.S. university or an institution of higher learning.
Q: Can the 3 year of teaching or research experience include the experience while working on an advanced degree?
A: The the alien beneficiary's teaching or research experience during working on an advanced degree is generally not acceptable. It will only be acceptable by USCIS if the following conditions could be met:
1) the alien beneficiary has received the advanced degree;
2) for teaching duties, the alien beneficiary had full responsibility for the class taught;
3) for research duties, the research conducted toward the degree has been recognized in the academic field as outstanding.
According to USCIS regulation, the requirement of 3 years of experience could be met through a combination of teaching and research experience. Evidence of teaching or research experience should be provided with letters from current or former employers, and should include the name, address, and title of the writer, and a specific description of the duties performed by the alien beneficiary.
Q: How to submit evidence to present a strong case that a professor or researcher is considered outstanding?
A: According to USCIS, the following evidence may present a strong case that the professor or researcher is considered outstanding:
1) peer-reviewed presentations at academic symposia;
2) peer-reviewed articles in scholarly journals;
3) testimony from other scholars on the alien beneficiary's contribution to the field;
4) a number of entries in a citation index citing the alien beneficiary's work as authoritative; or
5) participation by the alien beneficiary as a reviewer for a peer-reviewed scholarly journal.
To help you obtain U.S. Green Card easily and quickly, we provide the high quality and case-proven Complete Do-It-Yourself Package for EB1 Outstanding Professor or Outstanding Researcher Petition, based on our extensive and practical employment immigration experience.
As added value in the Complete Do-It-Yourself Package for EB1 Outstanding Professor or Researcher Petition, we provide comprehensive instructions on U.S. immigration application requirements and processing, and we also provide you the methods of how to prepare the EB-1B petition, how to collect evidence, how to show your achievements, how to prove your Outstanding Ability, how to write the petition cover letter and the reference letter. We also provide step-by-step procedures for EB1 Outstanding Professor or Researcher petition, various petition strategies, detailed sample cover letter, detailed sample reference letters in different formats and academic fields, samples of filled forms, complete petition check list, petition required forms, and more.
Q: For EB1 Outstanding Professor or Researcher petition, is the foreign professor or researcher required to have a PhD degree? and how many publications do I need to have to meet the requirements sufficiently?
A: Normally, people may expect outstanding researchers and professors to have Ph.D. degrees, the USCIS regulations do not require a doctorate degree for the EB-1B beneficiary. Also, an alien beneficiary who qualifies as an outstanding professor can be offered a job as a researcher, and vice versa.
There is no specific minimum publication requirement to meet the EB-1B criteria. Rather, it is determined by USCIS on a case-by-case basis.
Q: Does the USCIS' Two-Part Evaluation approach adjudication method also apply to EB1 Outstanding Professor or Researcher application?
A: Yes, the USCIS' Two-Part Evaluation approach adjudication method also apply to EB1 Outstanding Professor or Researcher application. The evidence listed in the EB-1B regulations serve only as guidelines for the petitioner. Eventually, the submitted evidence should establish that the alien beneficiary is a researcher or professor who is internationally recognized as outstanding.
Simply presenting evidence which relates to two of the listed six EB-1B criteria does not necessarily mean that the immigrant visa application should be approved, since the USCIS adjudicator needs to evaluate the submitted evidence. If the USCIS adjudicator determines that the evidence does not meet the standard for EB-1B classification, the additional evidence may be requested (Request For Evidence, or RFE)
Q: What is the two-part approach for an EB1 Outstanding Professor or Researcher application?
A: The U.S. Court of Appeals for the Ninth Circuit reviewed the denial of a EB-1A petition in 2010. It is called the Kazarian case. The AAO determines that Kazarian case sets forth a two-part approach. Thereafter, a USCIS memorandum mandates the two-step analysis for EB1 Alien of Extraordinary Ability petition, EB1 Outstanding Professors and Researchers petition, and EB2 National Interest Waiver petition.
In Part One, the USCIS adjudicator will determine whether the immigrant visa petition has submitted evidence to meet the criteria for the immigration classification he or she is seeking, as required by the USCIS regulations.
In Part Two, the USCIS adjudicator will consider all of the submitted evidence in totality to make a determination as to whether the alien beneficiary meets the requisite level of expertise for the immigration category. In this step, the USCIS adjudicator will evaluate all the evidence and determine if it proves by a preponderance of the evidence cumulatively that the alien beneficiary satisfies the general definition of the category.
Q: If I do not have many published papers, can I still ask my employer to file the EB-1B application for me?
A: Publications can establish the alien applicant's original scientific contributions to the field. To file an EB1-B application, there is no requirement that you need to have many published articles, although publications may help to improve your chances of EB-1B approval. An applicant can still submit evidence that satisfies other criteria listed in the EB-1B regulation.
Q: I do not have any awards or prizes in my field, can I still ask my employer to file the EB-1B application for me?
A: If you do not have any awards or prizes in a field, you still can apply for an EB1-B petition. There is no requirement that you must have awards or prizes to file an EB-1B petition or get it approval, although the awards or or prizes would help to satisfy one criterion in the EB-1B regulation. An applicant can still submit evidence that satisfies other criteria listed in the EB-1B regulation.
Q: I am a J-1 visa holder and subjected to the two-year home country residency requirement. Can I apply for EB-1B petition now, and get my J-1 waiver thereafter?
A: As a J-1 visa holder subjected to the two-year home country residency requirement, you can file the EB1-B petition now, and get your J-1 waiver later. You do not need to have a J-1 waiver before file an Form I-140 petition under the EB1 Outstanding Professors and Researchers category. The two-year home country residency requirement does not allow you to adjust the status from J-1 to U.S. permanent residency.
After your Form I-140 approval based on he EB-1B, you are still subject to the two-year home country residency requirement, and you need to get the J-1 waiver before you can file Form I-485 to adjust your status to U.S. permanent resident.
Q: What is a letter of recommendation? Whom should I contact to obtain letters of recommendation?
A: A letter of recommendation (or reference letter) is a letter written by an expert in the field or by some authoritative person in a field. The letter should discuss the abilities and accomplishments of the alien seeking an EB1 Outstanding Researcher or Professor. Letters of recommendation are an important part of an EB1-OR petition.
Recommendation letters should be written by experts or scholars in a field. Usually, an alien applicant should ask former professors, co-workers, employers and individuals that they have met at conferences. People who are less familiar with the alien are also recommended, as an alien who qualifies for an EB1-OR petition would be expected to have some degree of notoriety in the field. Anyone who is familiar with his or her work and has expertise in the field may write a letter of recommendation.
Q: How many recommendation letters should I obtain? and what information should be included in the recommendation letters?
A: There is no specific number set forth by the USCIS. You should generally include five to seven letters of recommendation in your petition. Recommendation letters provide the primary supporting evidence for your petition, and they should include the qualifications of the writers for their opinion, your achievements, awards, publishing record, society memberships, etc.
Q: What should I do if the experts I know are too busy to write a reference letter for me?
A: Reference letters are hard to draft. Often professors and experts are busy to draft these letters themselves and are happy to review a draft and sign a letter provided to them by the alien applicant. An alien applicant may draft a letter to ensure that it includes the appropriate language and meet the EB1-OR filing requirements.
If you can provide clear evidence that you fulfill the criteria for an EB1 Outstanding Researcher or Professor, you may not need the reference letters. However, for most EB1-OR applicants, reference letters are necessary to show that alien applicants meet the USCIS requirements for approval.
Q: What is a Permanent Job Offer? Do I have to get references letters from some third-part experts in my field?
A: A permanent job offer is any job offer without a defined termination date. Most jobs are permanent jobs, and it is unrelated to salary or title.
The independent third-part expert reference letters play an important role in the EB1-OR application, but not required. Also, it is better that the independent third-part experts attach their resume with their reference letters. Now, the USCIS is more focused on the objective evidences, instead of subjective statements made by your acquaintance individuals.
Q: I do not have good relationship with my current employer, do you think this will affect my application?
A: The Outstanding Researcher or Professor petition needs employer sponsorship, thus a recommendation letter from employer is important in this case, but it is not required.
Your petition can depend on other expert’s letters of recommendation and your personal qualifications, ant it does not depend on your relationship with your current employer. If other evidences can establish your personal qualifications, or other reference letters provide sufficient support for your application, then there is no need for you to worry about your relationship with current employer.
Q: Do I need a sponsorship from my current employer for the EB1-OR application? I am not a member of any professional organizations in my field, should I join the professional associations now by paying a membership fee?
A: The EB1-OR is an employer-sponsored application, it needs to be sponsored by your current employer. If you are currently employed, the employer sponsorship will help you file the petition, prepare the letters of recommendation, and collect other evidences.
It is not necessary to be a member of professional organizations in your field to file an EB1-OR petition. Also, evidence that would support an EB1-OR petition is membership in an association or society requiring outstanding achievement of its members. If the professional association is easy to join, it may not be a factor in your EB1-OR case.
Q: How could the sample reference letters in your Complete Do-It-Yourself Package help me to prepare my recommendation letters?
A: In our Complete Do-It-Yourself Package for EB1 Outstanding Researcher or Professor petition, we offer sample reference letters in different formats and academic fields to help you to prepare your recommendation letters. These sample reference letters will help you revise your draft letters, and help you to write letters not from scratch.
Also, the time you spend to write a letter or revise a letter would be much shorter when writing a letter based on the provided information in the sample reference letters. Our experience has taught us that this is a better way to combine the skills of the petitioner and our knowledge. Your reference letters prepared in this way are more appropriate, more accurate, and more convincing.
Q: I am a J-1 holder subjected to the two-year foreign country residency requirement. May I apply under EB1-OR?
A: Yes, you can apply for the EB1-OR now, and get your J-1 waiver later. Even with a I-140 approval, you are still subject to the two-year foreign country residency requirement, and need to get the J-1 waiver before you can adjust your status to U.S. permanent resident.
You do not have to have a J-1 waiver before submitting an Form I-140 petition. The two-year foreign residency requirement does not allow you to adjust the status from J-1 to permanent residency, but it does not prevent you from submitting I-140 petition. Also, you may prepare for I-140 and J-1 Waiver concurrently. If you receive an I-140 approval before a J-1 waiver, you need to wait for the J-1 waiver to submit the I-485 application for adjustment of status.
Q: I have received a permanent job offer from my employer, is my employer required to employ me permanently? What should a permanent researcher offer letter contain?
A: No, your employer is not required to employ you permanently. Most jobs involve an employment at will relationship. You or your employer may terminate the employment relationship at any time for any/no reason at all.
The job offer letter should contain the following: your job title, job duties, your salary, state that the job has no fixed expiration term; and signed by your employer.
Q: I just received my PhD less than 3 years ago. May I still file an Outstanding Researcher or Professor petition? If my petition for EB1-OR is unsuccessful, can I apply again in the future?
A: The Outstanding Researcher or Professor category requires at least 3 years experience in either research or teaching, including experience acquired while pursuing an advanced degree - for teaching, provided you had full responsibility over the courses being taught, or for research - provided the research is regarded by your professional peers as outstanding. Many alien applicants successfully obtained their Green Cards by filing the EB1 Outstanding Researcher or Professor petitions, where the aliens did not have three years post PhD experience.
A previously rejected EB1-OR petition does not bar you from submitting another petition subsequently, regardless which classification is concerned. However, unless your circumstance has improved, it is not advisable to simply submit a similar petition again.
Q: If I have a Labor Certification pending, may I also apply for an EB1 Outstanding Researcher or Professor?
A: Yes, assuming you would otherwise qualify for an EB1 Outstanding Researcher or Professor. A Labor Certification process is done by the U.S. Department of Labor whereas the USCIS handles EB1 Outstanding Researcher or Professor petitions. If your Labor Certification is ultimately denied, then you still have a chance of getting an EB-1 approved.
The standards for an EB1-OR petition and a Labor Certification are very different. A Labor Certification is based on a lack of available U.S. workers with minimum qualifications for the particular job. By contrast, an EB1-OR is based on proving that his or her accomplishments have been Outstanding which places the alien in the priority worker classification, bypassing the need for a Labor Certification.
Q: What about the issue of prevailing wage? If my EB1-OR is approved, do I need to remain working in the same field as indicated in my petition?
A: Since the Department of Labor is not involved, the prevailing wage is not an issue. Obviously, if the salary offered is high, then the overall package will look better. Also, if the salary offered is low, the alien applicant will have to explain why he or she is earning substantially less than his or her peers. If the answer is that the alien is engaged in research at an institution where similarly employed researchers are paid similar salaries, then this should not be a problem.
If your EB1-OR is approved, you still need to continue working in the field specified in the filed application. If you venture into another different area, the USCIS may deny your Adjustment of Status (Form I-485) application, or even revoke permanent residency after an Adjustment of Status (I-485) is granted.
Q. What kind of work is considered to be research? My job title is project manager. Am I able to file an immigration petition under the category of outstanding researcher?
A: If you are teaching or doing research in an academic institution, there is no doubt that you can file a petition under this category. If you work for a private company, doing research in R&D department, and if your company has more than 3 full time research personnel and your company has documented accomplishment in research, you can still file a petition under this category.
However, there is no distinctive guidelines for what is research and what is not research. A high-level company personnel will be more or less involved in some type of research. If your employer can claim that you are employed in a permanent research position, then you will be able to file under this category.
Q: May I still file for an Outstanding Researcher or Professor petition, even if I only plan on staying at my current employment for only a few more months? and do I need to submit the original copy of a document?
A: If you plan to change employer soon, it is better for you to file either an EB1 Alien of Extraordinary Ability (EB1-EA) or National Interest Waiver (NIW) petition. Generally, you may submit a copy of a document to USCIS. But you should be prepared to present the original copy of the document to an USCIS official at any time.
Q: What is the difference between an NIW and an EB1 Outstanding Researcher or Professor petition?
A: While there are many similarities between an alien who qualifies for an NIW petition and an EB1 Outstanding Researcher or Professor petition, the qualifications for each petition is actually different. In an NIW petition, the alien seeks to show that he/she is a highly qualified individual in his field, with Advanced Degree and Exceptional Ability, and also claims to have the capacity to contribute to U.S. National Interest to a greater degree than other highly qualified individuals in the field, thus warranting the waiver of the standard job offer and Labor Certification requirement.
By contrast, a person who qualifies in an EB1 Outstanding Researcher or Professor petition must show that he or she is an outstanding individual in an academic field. According to U.S. immigration law, an outstanding individual is not required to get a Labor Certification to achieve employment based permanent residency.
Q: I am considering applying under an EB1-OR classification, but I may also apply for a NIW. Between a NIW and an EB1-OR, which petition is recommended?
A: You are not bound by only one Form I-140 immigrant petition. You may petition under more than one category simultaneously. This increases your chance of getting an approval, since it is impossible to predict whether the USCIS will approve any given case. If you apply EB1-OR and NIW at the same time, there is no negative effect between the two petitions.
You should always keep in mind that filing both a NIW and an EB1 petition concurrently is an option. However, each petition is different. If your case is clearly strong, your chances for success are higher by applying for EB1. However, if your case is not as distinguished as successful EB1 case, a NIW petition would be the most sensible approach.
Q: Can recommendation letters included in an NIW petition be used for an EB1-OR petition? and If I have filed an EB1-OR, when is my priority date?
A: The recommendation letters included in an NIW petition should not be used for an EB1-OR petition. NIW recommendation letters will not be effective for an EB1-OR petition since an EB1-OR and NIW have different criteria.
Your priority date is the date that the USCIS receives your EB1-OR petition. Nevertheless, the priority date is irrelevant as the EB1 category is of high priority to the USCIS, and the immigrant visa numbers are always available for most cases .
Q: What if I lose my job while my Outstanding Researcher or Professor petition is pending? How long does it take for the USCIS to processing the I-140 application?
A: If your lose job while your Outstanding Researcher or Professor petition is pending, your Form I-140 petition may be approved but your Adjustment of Status (Form I-485 application) may not be approved. As long as you maintain your job for 180 days after filing Form I-485 application, your status should be safe.
It usually takes three to six months for USCIS to process your I-140 petition. The result may be petition approval, petition denial, or Request For Evidence (RFE). If you are required by an RFE to provide more information, it may take another two to four months after you submitted the required information.
Q: How could I get reference letter from "independent" and "well-recognized" expert?
A: According to USCIS, the reference letter should come from independent and well-recognized expert, based upon his/her review of the documents that are submitted with the EB1 Outstanding Researcher or Professor application.
By "independent", the USCIS means an expert with whom the alien application has not worked before - not an employer, colleague, advisor, or client. By "well-recognized", the USCIS means a well-credentialed expert with lengthy experience in the field of endeavor. The experience should include an advanced degree, more than ten years of experience in the field, a lengthy publication and presentation record.
Not every EB-1B application case needs the reference letter from "independent" and "well-recognized expert", especially when the alien applicant has Ph.D. degree and a lengthy publication record and several wards, which could distinguish the alien applicant from other individuals in the field.
Q: I like to apply for Green Card in the category of EB1 Outstanding Researcher. As a researcher with Ph.D. working in a small company, the EB1 Extraordinary Ability category may be difficult for me, and the waiting time for EB2 National Interest Waiver category is longer for my country. But I am not sure if my employer (less than 20 employees) can use of this EB1 Outstanding Researcher visa category. Any suggestion?
A: To qualify for a U.S. Green Card in the EB2 Outstanding Professors or Researchers category, the alien applicant should have an international reputation for being outstanding in an academic field, and have an job offer from a U.S. employer. Also, the foreign alien should have at least three years experience at either teaching or research in the relevant academic field. Not every employer can use the EB2 Outstanding Professors or Researchers category.
The U.S. employer must be a qualified employer, which can be either a university or institution of higher education, or a department, division, or institute of a private research entity with at least three full-time researchers on staff. Also, the private U.S. employer will need to show a history of significant research achievements.
Q: What is a Request For Evidence (RFE)?
A: Sometimes the USCIS is not convinced that the alien petitioning under an EB1 category has met the burden to prove that an applicant qualifies for the EB1 category. In such cases, they will typically submit a Request for Additional Evidence or Request for Evidence (RFE) seeking certain forms of evidence that the USCIS finds lacking. An alien applicant should take great care to present a strong case, so that it may be approved without a request for additional evidence. Nevertheless, there is no way to predict how a USCIS officer reviewing a particular case will respond, and sometimes even the strongest of cases receive a Request for Evidence.
It is critical to appropriately and proficiently reply the USCIS issued Request for Evidence, incorrect response of the RFE will directly result in your EB1 Outstanding Researcher or Professor petition rejection. To help you replying the RFE, we provide the high quality and case-proven "Complete Do-It-Yourself Package of Request For Evidence for EB1-Outstanding Researcher or Professor Petition". In the RFE package, we present methods of analyzing RFE questions, RFE replying strategies, means of strengthening your case, detailed RFE cases analysis, sample cover letters, sample reference letters, and more. With the RFE package, you get all the information you need and step-by-step knowledge and strategies of how to prepare an efficient, professional, and complete response to your RFE notice of EB1-OR petition, and eventually get your Green Card.
Q: I recently get a letter of "Notice of Intent to Deny" from USCIS for my Form I-140 application. What is the difference between the Request for Evidence and Notice of Intent to Deny?
A: A Request for Evidence (RFE) from a USCIS Service Center is that the USCIS adjudicator is requesting additional evidence to address and support specific parts of the pending I-140 petition. The petitioner may have certain days indicated in the RFE notice to respond the requests in the RFE notice. If the petitioner does not respond within the indicated time, the petition may be denied by USCIS. After USCIS receives your response to an RFE notice, further action will generally occur within 60 days, but may take longer for some cases.
A Notice of Intent to Deny (NOID) is that the USCIS adjudicator is giving notice that USCIS will deny the pending case, unless you provide certain extra documentation. The petitioner may have certain days indicated in the NOID notice to respond. If the petitioner does not respond within the prescribed period, the petition may be denied. Once the USCIS receives your response to an NOID, further action will generally occur within 60 days, but may take longer.
Q: If my EB1-OR petition is approved, when may I file a petition for Form I-485 Adjustment of Status?
A: You may file an Form I-485 Adjustment of Status petition as soon as possible after your EB1-OR petition is approved, or your can file your Form I-485 concurrently with your Form I-140. This applies regardless of the country of origin. The EB1 preference category requires such high qualification requirements that a few people qualify, and there are available immigrant visas for most cases. It is unlikely that this will change in the near future.
Q: Can I file EB1-B and EB1-A and/or NIW currently?
A: Yes you can. But your employer should file a separate Form I-140 petition for EB1-B and EB1-A and/or NIW, with the required application fee and supporting documents for each immigrant visa category. Also, you should be careful not to check multiple categories on one I-140 Form.
Q: If I file an EB1 Outstanding Researcher or Professor application, can I use the concurrent filing to file an I-485 application also?
A: You can file Form I-140 application and Form I-485 application concurrently, if your priority date is "current." Your priority date is established by the date when your Form I-140 application is filed. Normally, the priority date for EB-1B application is current.
Q: Is the immigration visa's priority date matter in a EB1-B petition case? What if I change jobs while my EB1-B petition is pending?
A: No, the immigration visa's priority date does not matter in a EB1-B petition, because all immigrant visas are current for EB1-B petitions.
If you changes employer when your EB-1B based form I-140 petition is pending, a new EB-1B petition should be filed.
Q. How to apply for adjustment of status after Form I-140 approval?
A: Application Form I-485, application for adjustment of status, is the document you are required to file after your application for immigration based on employment is approved. This form, when filed, must be accompanied by items such as photos, letter of employment, affidavit of support, physical examination record, etc. To help your Form I-485 application, we provide a Complete Do-It-Yourself Package for Form I-485 Application.
With the change of immigration regulation, rules on adjustment of status become much more restricted. You must provide visa records to establish your and family member continuous lawful status since you entered the U.S. This can be a serious problem for those people whose status expired prior to their application for immigration was approved.
Q: If my EB-1B petition is rejected by USCIS, how long should I wait to file an EB-1B petition again, or file in other categories again?
A: The immigration law does not restrict the time you can file an EB-1B petition again after the rejection of your previous EB-1B application. A previous rejected EB-1B petition does not bar you from submitting another EB-1B petition again subsequently, and regardless which immigrant classification is concerned.
However, unless your situation has improved, it is not advisable for you to simply submit a similar petition again, because it is unlikely your case will be approved by USCIS.
Q: My Form I-140 application is still pending, and I may need to go back to my home country to work for a short time. What is the procedure for me to get my Green Card after the Form I-140 is approved if I am outside of the U.S.?
A: The Consular Processing is a method that you can apply for an immigrant visa at a U.S. consulate overseas after your Form I-140 petition is approved and you are not in U.S. If the Form I-140 petition is approved and you are not in the United States, the USCIS will send the approved Form I-140 petition to the National Visa Center of Department of State. The National Visa Center will send you a notice of receipt. When an immigration visa numbers are available for your classification, the National Visa Center will send you another notice indicating when you should submit the immigrant visa processing fees and supporting documentation. The supporting documentation may include:
- a copy of Notice of Approval;
- a copy of your filed I-140 petition;
- a copy of Notice of Receipt of the I-140 petition;
- a copy of your valid passport;
- any criminal history records;
- a copy of your birth certificate;
- a copy of your marriage certificate;
- copies of birth certificates of your children and spouse.
After your fees and supporting documentation are received by the National Visa Center, they will send you a packet of forms and instructions to your foreign address. Thereafter, after submission of those forms, the U.S. consulate near your foreign address will send you an appointment letter including instructions for the medical exam, and it will indicate when you must appear at a U.S. consulate for an interview. After the interview, the U.S. consular will review your application, and decide either granting your visa or requesting the USCIS to reconsider your petition.
Q: As a researcher in a pharmaceutical company with a PhD degree in Biology and in H-1B status for 2 years, I want to apply for U.S. Green Card in EB1 (EB1 Extraordinary Ability, EB1 Outstanding Researcher) or EB2 National Interest Waiver (EB2 NIW) immigration categories, or apply for 2 categories at the same time. It is very difficult for me to get reference letters form U.S. government agencies or some professional societies. Do I have to get reference letters for those applications? and are there any thing more I should know about the reference letters?
A: There are many issues to be addressed about reference letters or recommendation letters. First, the reference letters are not required by USCIS. But they can be very useful, and most USCIS examiners for EB1 Extraordinary Ability, EB1 Outstanding Researcher or Professor, or EB2 National Interest Waiver application expect them.
Some alien applicants may try to avoid the reference letters or recommendation letters for confidentiality purposes, but for others, they are easy to obtain the reference letters. Some professional societies usually do not provide reference letters of their members. In addition, U.S. government agencies will normally not simply prepare a reference letter if asked. So the request of reference letters or “independent letters” heavily favors applicants with connections at government agencies or in professional societies, which may see as unfair for some applicants.
If it is difficult for an applicant to get reference letters or recommendation letters, a more thorough compilation of background materials can offset an absence of reference letters. These materials may include statistics about the area of research, information about professional organizations, awards, journals, etc.
Q: I received my PhD degree last year, and now working as a research scientist for a large company. I want to apply for my Green Card in the category of EB1 Outstanding Professor or Researcher. How could I prove my "at least three years of experience in teaching and/or research"? Thank you very much.
A: For EB1 Outstanding Professor or Researcher (EB-1B) petition, the documentation should be submitted to USCIS to prove that the alien beneficiary is an internationally recognized outstanding professor or researcher. The petition should also establish that the alien beneficiary has three years of research or teaching experience in the academic field.
If the experience was gained while pursuing the advanced degree required for the offered position, such experience must be proven to be outstanding. Therefore, experience in teaching or research while working on an advanced degree will be acceptable by USCIS only if the alien has acquired the degree, and if the teaching duties were such that he or she had full responsibility for the class taught, or if the research conducted toward the degree has been recognized within the academic field as outstanding.
The EB1 Outstanding Professor or Researcher regulations specify that evidence of teaching or research experience should be in the form of letters from current or former employers, and should include the name, address, and title of the writer, and a specific description of the duties performed by the foreign national.
Q: As a researcher at a U.S. University for more than 3 years, I plan to apply for Green Card in EB1 Outstanding Researcher immigrant visa category with the help of your Green Card DIY application package. I have over 30 citations for my publications. How could I use my citations as strong evidence for my Green Card application?
A: When evaluating alien's publication citations and an alien’s research work, U.S. Citizenship and Immigration Services (USCIS) will determine the significance of the alien’s original contribution to the field that resulted in the citations.
To use the citations as strong evidence for EB1 or EB2 NIW Green Card application, the alien applicant should establish the publication's circulation and intended audience. Some citations, especially passing citations, do not suffice. Also, articles that cite the alien‘s work as one of multiple footnotes or endnotes are generally not “about” the alien‘s work. USCIS may not be persuaded that citations of an article authored by the alien beneficiary constitute published material about the alien‘s work.
The alien applicant should include citation report from an online source (GoogleScholar, SciFinder, or the Web of Science). Citation record can help USCIS understand that the field has acknowledged the alien applicant's research, and original research contribution in the field.
In some cases, inclusion of a lengthy list of referenced articles that often accompany published articles might be probative of the alien’s ability, because the alien’s contributions served as a significant, original contribution that spurred the subsequent references and citations.
Q: My Form I-140 immigrant visa application was denied after the Request For Evidence (RFE) response to USCIS. What should I do next? Can I file a appeal of a Motion to Reopen? or file a Motion to Reconsider?A: A Motion to Reopen is a request to the original decision officer of USCIS to review a decision of the immigrant petition. The motion must be based on factual grounds, such as the discovery of new evidence or changed circumstances.
If your Form I-140 immigrant petition was denied by USCIS due to a Request For Evidence (RFE) or a Notice of Intent to Deny, you can file a motion to reopen if you can show that:
* The requested evidence was not material;
* The required initial evidence was submitted with the petition;
* The request for appearance or additional evidence was complied with during the allotted period, or
* The request for evidence or appearance was not sent to the address of record.
As another choice, you can also file a "Motion to Reconsider." A motion to reconsider is a request to the original decision officer of USCIS to review a decision based on new or additional legal arguments. The motion must establish that the decision was incorrect based on the evidence of record at the time of that decision, and it must state the reasons for reconsideration.
A motion to reconsider must be supported by “any pertinent precedent decisions to establish that the decision was based on an incorrect application of law or USCIS policy.” Unlike a motion to reopen, new evidence or changed circumstances cannot support the filing of a motion to reconsider.
Q: What is the A# or A Number? We just send out the Form I-140 package to USCIS Service Center for my Green Card application. When we can get our A#, and what it is used for? Is it same as SSN? and do I need it for my employment authorization?
A: An alien applicant should have a A# after your Form I-140 immigrant visa application approval. The A Number is the Alien Registration Number. The “A” number is used by the Department of Homeland Security and USCIS for the purpose of identifying aliens.
It alone does not serve as employment authorization nor is it evidence of legal status or permanent residency. After your I-140 approval, you will be given an A number by USCIS.
Aliens are also often confused Social Security Numbers (SSN) with alien registration numbers (or “A” number) issued by the Department of Homeland Security. An alien is issued an “A” number when he or she is applying for immigration, is put under removal proceedings, or under other special alien registration programs.
The formal “A” number contains eight digits and will occasionally begin with a “0” and have a total of 10 digits. In general, one may only have one formal “A” number. In multiple applications cases, however, an alien may receive multiple “A” numbers.
Q: I filed a concurrent Form I-140 and Form I-485 petitions several months ago. Now, I get a RFE (Request For Evidence) letter from USCIS for my Form I-140 petition, asking for more supporting materials and evidences. Please let me now what may happen for my Form I-485 application if my Form I-140 is rejected after the RFE response?
A: The concurrent Form I-140 and Form I-485 petitions are supposed to permit the alien applicant a number of benefits, including availability of work permit card (EAD), advance parole for international travel, and similar benefits to the accompanying family members.
Under the U.S. immigration law, the Form I-485 application remains intact unless it is denied as separate from the denial of Form I-140 petition. To prevent the abuse of concurrent Form I-140 and Form I-485 filing, the USCIS instructed its Service Centers to deny all the accompanying applications including Form I-485, Form I-485A, From I-765, and Form I-131 simultaneously, when the USCIS Service Centers deny the underlying Form I-140 petition.
Q: I am from a visa retrogressed country with EB2 National Interest Waiver (EB2 NIW) pending. I am planning to apply for EB1-Outstanding Researcher or Professor (EB-1B) through employer, which is a small state college. The question is my employer willing to sign the Form I-140 petition but stating I am a full time researcher with employment at will. Is it necessary to state I have a "permanent position" for EB1 Outstanding Researcher or Professor petition?
A: According to USCIS, the “good cause for termination” clause has been an important issue when adjudicating EB1-Outstanding Researcher or Professor petitions. This clause should be included in employment offers to ensure that the job is not “at will” employment.
However, USCIS also indicated that EB1-Outstanding Researcher or Professor petitions should not be denied simply because the offer of employment is lacking a “good cause for termination” clause. Therefore, the employment "at will" is also accepted by USCIS for EB1-Outstanding Researcher or Professor petitions, since USCIS considers it is a common business practice to have such clause in the job offer letters.
If the employment "at will" cause is in your job offer, then in the EB-1B petition, your employer needs to demonstrate that your research position will have “an expectation of continued employment.”
Q: I applied the EB1 Green Card application three months ago in the USCIS Texas Service Center. Now, I got a Request for Evidence (RFE) letter, asking for the evidence question of my reviewing articles for a journal. Do you think this is because that the journal is not the highest ranked journal in my field?A: USCIS Service Center often issues the Request for Evidence in EB1 petitions with respect to the criteria of "judging the work of others." USCIS examiners question the alien applicant's work in acting as a reviewer for scientific journals, if the journals at issue were not the highest ranked journals in the field.
Under the law, serving as a referee for scholarly, peer reviewed journals meets the "judging the work of others" criteria, even if the journal is not the highest ranked journal.
Normally, USCIS examiners may ask for "documentary evidence for selection of judges in panels/referees in journals." The petitioners should get documents from the editors of the journals. If the alien petitioner was asked to review any articles for the journal, he or she can ask a letter as evidence from the editors or associate editors.
Additionally, the editors typically send out review decision letters to reviewers that they influenced the decision or outcome of the review. They may say that the decision to publish or not publish was made based on reviewer's recommendation. Such letters would play an important role for the RFE response also.
Q: Can I File a U.S. Green Card Application for Myself?
A: We know most of the employment-based immigration categories require a U.S. employer to sponsor the foreign workers for their immigration application (U.S. Green Card Application), there are actually a few immigration categories that allow for self-petition if certain requirements can be met by the alien applicants.
The employment-based first preference (EB1) immigration category has three subcategories, i.e, EB1 Extraordinary Ability (EB-1A, or EB1-EA), EB1 Outstanding Professor or Researcher (EB-1B, or EB1-OR), and EB1 Multinational Executive or Manager (EB-1C, or EB1c). Only one of these 3 subcategories, EB1 Extraordinary Ability, allows for self-petition. This immigration category is available for alien applicants with extraordinary ability in business, science, art, education, or athletics. The alien applicants who may qualify for the EB1 Extraordinary Ability application are generally those who are recognized as being at the top of their respective fields, and who intend to continue to work in that field in U.S.
Another immigration category allowing for self-petition is the EB2 National Interest Waiver (EB2 NIW, or NIW). This immigration category falls within the employment-based, second preference (EB2) immigration category, which is reserved for professionals with advanced degrees and individuals with exceptional ability in the sciences, arts, or business.
The EB2 immigration category generally requires a job offer from an U.S. employer, and it also requires a PERM labor certification approved by the U.S. Department of Labor (DOL). The labor certification process is designed to protect U.S. workers. However, U.S. immigration law allows for a waiver of the PERM labor certification requirement in some cases, in which the alien applicant's contributions for United States are at such a level that the U.S. nation's interests can be better served by not having the alien applicants undergo the PERM labor certification process.
Q: I am an Assistant Professor in an University, and I joined the university three years ago. My employer submitted the Form I-140 application under EB1 Outstanding Researcher or Professor category in April of this year. We received an Request For Evidence (RFE) letter from USCIS asking me to show the three years experience in research and teaching.
I want to know if the three years can be counted as of the current date? Can I use my PhD research time counting towards the three year experience? Thanks in advance.
A: Many new faculties in universities who have recently completed their doctorate degree may believe that they will not qualify for the EB1 Outstanding Researcher or Professor (EB-1B) immigration petition, because they do not have sufficient time to satisfy the EB-1B requirements. Therefore, the individual faculty member or researcher should consult with the university and his/her department to determine whether he or she has sufficiently met the criteria before filing a petition for EB1 Outstanding Researcher or Professor.
The EB-1B petition needs prior experience, and the three years experience will be counted to the day of the EB-1B Form I-140 filling. The alien applicant can use the PhD research time towards the three years experience, if it contributed towards the outstanding accomplishments in the field. The alien applicant can provide effective evidence by showing the Ph.D. work as outstanding, such as how many research papers were published during the Ph.D study and their citation numbers.
For EB1 Outstanding Researcher or Professor petition, although compiling the necessary evidence demonstrating scholarly achievement is time-consuming, USCIS processing of EB-1B petitions is generally faster than for the EB2 and EB3 categories, because labor certification through the U.S. Department of Labor is not required. Also, some applicants from certain countries with high U.S. immigration rates do not currently have to wait for a visa number to become available before they can take the final steps towards obtaining U.S. Green Card, once USCIS approves the EB-1B based Form I-140 petition.
Q: We recently received an Request For Evidene from USCIS for our Form I-140 petition, asking for employer's evidence of "ability to pay". Does this mean that our Form I-140 may be denied?
A: The employer's "ability to pay" is a requirement for the employer filing an Form I-140 immigrant petition. The petition should demonstrate that the U.S. employer has sufficient money to pay the offered wage for the alien applicant with the permanent of full-time position within the company. To approve an Form I-140 petition, the USCIS requires proof of the company's ability to pay the offered wage.
USCIS will deny the Form I-140 petition if the employer is failed to establish the ability to pay the offered wages. If your petition is denied due to this reason, the petitioner can file a motion to reopen the case, and try to obtain the I-140 approval if there is new evidence.
The following issues may indicate the employer's failure to establish the ability to pay the offered wages:
1) the employer's years of a negative revenue;
2) the employer's financial fluctuations were unusual, and reflect the overall ability of the company to meet its wage obligations;
3) the employer has an unusual set of setbacks in business and income;
4) the employer has a serious other conditions in the business.
Q: From a friend, I know that you provide the “Premium Petition Service Program” for EB1 and EB2 NIW petitions. Could you provide a case to help me understand how the Premium Petition Service Program will help us to file the Green Card application.
A: We provide the “Premium Petition Service Program” for EB1 and EB2 NIW petitions (http://www.greencardapply.com/general/premium.htm). Here, we provide an NIW petition example, in which the alient alpplicant used our Premium Petition Service Program to get National Interest Waive petition approval.
The EB2 National Interest Waiver (NIW) pettition enable outstanding aliens to live and work permanently in the United States, sharing their talents and expertise for the benefit of the United States. One of the features of NIW is that it allows for self-petitioning. While the EB2 National Interest Waiver can be filed by an employer, there can be advantages to self-petitioning.
In this case, the alien applicant received an NIW petition approval, and he conducts important work in the field of Alzheimer's Disease Research. He has produced groundbreaking research in the areas of progressive neurological disease, brain's inability to function, frontotemporal dementia, and Huntington's disease. As Alzheimer's disease is one of the top killers in the United States, his research is undoubtedly of substantial and intrinsic merit to U.S.
As a client of our “Premium Petition Service Program”, we helped him to prepare and provide evidence that this research has been funded by the National Institutes of Health (NIH), which is further proof that his work is of national importance. We also helped the alien applicant to submitte reference letters from hospitals and universities located throughout the United States and the world. The reference letters, including those from several independent experts, state that the alien applicant's past work is indispensable, and his future work would be detrimental to the field and to U.S.
The alien applicant is also a member of several field-related organizations, including the American Alzheimer Association, and American Brain Tumor Association. The petitioner has authored 17 publications, including journal articles and conference proceedings. He is first author on 9 articles, and his research has been presented at several international conferences. His research has been cited more than 70 times by other researchers in the field.
Q: Does EB1 Outstanding Researcher or Professor Petition Need Employer Sponsorship?
A: A labor certification is not required in EB1 Outstanding Researcher or Professor petition (EB-1B or EB-OR). But the EB1 Outstanding Researcher or Professor petition immigration application requires that the alien beneficiary has a permanent employment offer from an U.S. employer. The permanent job offer may includes tenure or tenure track position in a university, or other permanent job position in a company. For positions other than a tenure or tenure track position, the job offer letter should be carefully drafted to meet the "permanent job" requirement of EB-1B application.
The EB1 Outstanding Researcher or Professor petition is an immigration category for researchers and professors only. To be eligible for this classification, the alien applicant's job duties must be primarily research. A private company can file EB-1B application for an alien worker.
But there are other requirements that a private company has to meet for filing an EB-1B application. If the U.S. employer is a private company, not a university or educational institution, the private employer must employ at least 3 full time researchers in their research activities, and have achieved documented accomplishments in an academic field.
Q: I am a pharmaceutical researcher, and I have several publications with hight number of citations. Can I file EB1 (EB1 Extraordinary Ability or EB1 Outstanding Professor and Researchers) and EB2 NIW at the same time, to increase my approval chance?
A: EB1 Extraordinary Ability (EB-1A) and National Interest Waiver (NIW) are in the "special categories" of green card petitions. We have successfully helped a great many people in the EB1 Extraordinary Ability, EB1 Outstanding Professor and Researchers (EB-1B), EB1 Multinational Executive or Manager (EB-1C), and National Interest Waiver categories.
An alien applicant can actually file in two categories at one time, and may receive approvals in both. This strategy is sometimes used where the alien applicant potentially qualifies in multiple categories, to enhance the likelihood of successful approval. For example, an applicant can receive Form I-140 petition approvals in both the EB1 Extraordinary Ability and EB2 National Interest Waiver categories.
It is necessary to demonstrate and argue an applicant's qualifications in those areas that are relevant to the particular special category. These employment-based categories can potentially provide faster routes to complete the green card process for those who are eligible.
For example, an researcher had a record of conducting groundbreaking research in the field of Biomedical Sciences, specifically in the area of DNA research. He filed in both the EB1 Extraordinary Ability and EB2 National Interest Waiver categories at the same time, and got both approvals. The evidence was presented that he had resulted in advancements of significant benefit to research on cancer; viral infections, such as AIDS/HIV; diabetes; bacterial diseases, such as leprosy, tuberculosis, and pneumonia; and antibiotic resistance.
The supporting letters testified to the fact that this DNA research was considered vital for the development of targets for drugs and vaccines, as well as novel strategies to rectify glitches in DNA and cure diseases. In addition to improving the health of U.S. citizens, it is argued that his research work also benefits the U.S. environment, economy, and national security, as evidenced by its funding and support through the National Institutes of Health (NIH) and the U.S. Department of State (DOS).
Q: I will file both EB-1A and EB-1B Green Card application at the some time soon to increase my approval change. What is the EB-1 processing time.
A: The EB-1 is the most prestigious employment-based U.S. green card application category. Its main advantage lies in the fact that the waiting time is usually much shorter than that of other green card application categories. The first preference category is broken down into three subcategories: EB-1A for foreign nationals who can demonstrate that they have extraordinary ability; EB-1B for outstanding researchers and professors; and EB-1C for multinational executives and managers.
The processing time for all three of these subcategories is not the same. Based on the alien's eligibility, the approval process time may take more or less time. The processing time to obtain an EB-1 Green Card typically depends on the applicant’s ability to complete the required documentation accurately. The error in an application may extend EB-1 processing time. The processing time also depends on how quickly the USCIS is able to process the applicantion. The following is an outline of EB-1 processing times:
* Filing times vary based on whether the applicant shall be filing regular application, or whether the applicant will be requesting premium processing.
* On average, the Nebraska Service Center (NSC) and the Texas Service Center (TSC) have similar processing times; however, the NSC is known for delayed processing times. Unfortunately, applicants cannot choose service centers as USCIS has predetermined processing locations dependent on the applicant’s intended state of employment and the jurisdiction of the service centers.
* The USCIS reports the most current EB-1 processing times. Generally, the USCIS processing time for the EB-1 immigrant visa is about 4-6 months. Once the EB-1 has been approved, the USCIS may take about 3-5 months to issue permanent residence (Green Card).
* The processing time is only available if the EB-1 category is current. Applicants can check category status at the DOS Visa Bulletin. If the EB-1 category is not current, there will be an extended amount of time to receive approval.
* If the applicant incurs any delays with applications or misfiling, the process time will be prolonged. USCIS Case status checks are available online, which provides applicants a better determinant for case-specific processing.
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