Physicists

PERM Approval after two denials

It is HIGHLY unusual for a PERM case to have such a convoluted history, but here is one where success came after two denials.

We filed a PERM application under EB-2 for a Physicist’s position for which no formal training was required. The job also did not require employment experience, but did require hands-on work in a university research laboratory with a particular equipment.  DOL denied the application stating essentially that the job requires training.  According to them, “hands on work” is the same as formal training.

Team Notes: 
Santosh Pisharody
Profession/Occupation: 
Agency: 

EB1 Outstanding Researcher Ph.D. in Experimental Chemical Physics

We won an EB-1 Outstanding Researcher case for an applicant with a Ph.D. in Experimental Chemical Physics filing under Premium Processing. The case was decided within two days of submission.  The applicant had over eleven years of research experience and an abundance of publications as a result of his extensive list of original findings. As a result of the multitude of publications in prestigious, international scientific journals, the applicant’s work was also extensively cited.

Profession/Occupation: 

EB1 - Outstanding Researcher

We won a case for Outstanding Researcher a Physicist with 11 years research experience.  He had 17 publications, a Ph.D. in solar cell research and numerous letters of recommendation from leading scientists around the world.  His skills were noted by experts as being scarce in the field .

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Processing Times Involved in NIW

If I may verify the processing times involved in NIW. Since it falls under EB2 category, I am assuming it may be a long time before I can get my EAD card and be able to change employers. Also, I want to confirm if there could be issues if I change employers during the process - If so, I'd prefer to change my current employer before starting with it.

You can change employers any time if you are a self-applicant and will continue to work in your stated area of national interest.  But NIW priority date will take the same time as a normal EB-2 application does.  See: 

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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