EB1 Green Card Sample Cases

These are some sample cases from our files. It is impossible for us to present all have done past over 15 years of our practice. But these were some cases that came to mind when we started writing this column 2-3 years ago.
Category: EB1 Green Card, Employment Based Green Cards, Outstanding Researcher, Professor
Status:

We won a case for an applicant following receipt of a Request for Evidence. We submitted evidence to show that the beneficiary qualified for the category having published scholarly articles, authored a book chapter and acted as the judge of her peers. We noted the impact factor for the journals where her work was published and provided citations details. We provided evidence to show that she was a member of an editorial board. The RFE noted Service’s request for confirmation of the permanent job offer. The university’s employee handbook noted that the position was in fact “permanent” and renewable indefinitely. We provided a letter from the university that also confirmed her position was in fact permanent in nature.

DISCLAIMER: PAST APPROVAL OF A CASE IS NOT A GUARANTEE OR PREDICTION REGARDING THE OUTCOME OF FUTURE CASES. CASE RESULTS DEPEND UPON A VARIETY OF FACTORS UNIQUE TO EACH CASE.
Category: EB1 Green Card, Employment Based Green Cards, Extraordinary Ability
Status:

We won a case for an applicant following a Request for Evidence. Initially, we had submitted substantial documentation to show that the Petitioner qualified for the classification based on his original contributions, authorship of scholarly articles and judging of his research peers. Based on the evidence submitted, Service noted that sufficient evidence was presented to prove authorship of scholarly articles as well as judging of research peers. We had provided copies of the Petitioner’s publications as well as the significant number of citations. The journals where Petitioner’s work was published had average to high impact factors. Petitioner was a member of an editorial board as well as a reviewer for a multitude of international publications. We submitted documentary evidence of his work as a reviewer which included an invitation to the editorial board as well as copies of the requests to review manuscripts for several prestigious scientific journals. Service issued an RFE requesting additional documentary evidence to show that Petitioner’s research contributions were “original” and of major significance. We provided additional reference letters from leading experts who noted their own use of Petitioner’s inventions. We also provided proof of the application of Petitioner’s invention such as internal memos, letters and emails.

DISCLAIMER: PAST APPROVAL OF A CASE IS NOT A GUARANTEE OR PREDICTION REGARDING THE OUTCOME OF FUTURE CASES. CASE RESULTS DEPEND UPON A VARIETY OF FACTORS UNIQUE TO EACH CASE.
Category: EB1 Green Card, Employment Based Green Cards, Extraordinary Ability
Status:

We filed a petition premium processing for a self-petitioning researcher. The petitioner had over 15 years of research experience in the nanotechnology field. He had an extraordinary research career which included 52 scholarly scientific articles with over 1,020 citations of his work. His publications were featured in numerous high impact international journals. In addition to his noteworthy research publications, the petitioner was a highly sought after reviewer for a multitude of prestigious, international scientific journals. He was also selected to an editorial board. His research was noted as having a significant impact in his field and the multitude of leading experts that opined on his international acclaim identified him as “one of the very few in their field that had reached the highest level of achievement.” The petitioner had sustained international acclaim for his extraordinary research and as a result his work was featured in several major trade publications. We also submitted evidence to show that as a result of the petitioner’s extraordinary research career he was nominated as a member of a highly prestigious scientific research society.

As a result of the petitioner’s substantial volume of evidence reflecting his extraordinary qualifications, USCIS approved the case within five days.

DISCLAIMER: PAST APPROVAL OF A CASE IS NOT A GUARANTEE OR PREDICTION REGARDING THE OUTCOME OF FUTURE CASES. CASE RESULTS DEPEND UPON A VARIETY OF FACTORS UNIQUE TO EACH CASE.
Category: EB1 Green Card, Outstanding Researcher, Professor
Status:

We won a case following a Request for Evidence for a scientist. We were able to establish that he is an internationally renowned scientist who is acclaimed and respected in the international research community for his expertise in the area of nanotechnology, magnetic nanoparticles and nanocomposites, nanomagnetism, thermoelectric nanoparticles and nanocomposite materials. His unique specialty set him apart from others in the field. The applicant provided documentary evidence to show that he qualified for four criteria of the category; publications, original contributions, professional membership in a society that required extraordinary achievements and reviewer of work of his peers. He was invited to review for several high-impact scientific journals. He also had an extensive publication list as well as presentations world-wide for his innovative and pioneering work. One of his articles was selected and featured as an “article of impact” in a virtual scientific journal. Only a very small percentage of articles are chosen for this particular publication. As a result of his noteworthy original contributions, he had an impressive number of citations of his work. We also showed in our response to the RFE that this applicant’s extensive contributions to the field were beyond the normal scope of a researcher with his years of educational and work experience.

DISCLAIMER: PAST APPROVAL OF A CASE IS NOT A GUARANTEE OR PREDICTION REGARDING THE OUTCOME OF FUTURE CASES. CASE RESULTS DEPEND UPON A VARIETY OF FACTORS UNIQUE TO EACH CASE.
Category: EB1 Green Card, Outstanding Researcher, Professor
Status:

We filed a petition under premium processing for the beneficiary, who qualified based on his publication record, original contributions, membership in a professional society and service as a reviewer of others’ work. The beneficiary had more than sixteen years of research experience and thus had garnered an international reputation for his outstanding work. We provided letters of recommendation from various international experts in his field that confirmed his status amongst his research peers. The beneficiary had documentation to show his senior level membership in a professional society. We provided documentary evidence to show the stringent criteria for this level of membership. Due to the beneficiary’s exceptional work in his field as an author of numerous publications and a reviewer for this particular society, a Research Fellow nominated him for senior membership. We also provided evidence of the beneficiary’s extensive list of scientific journals for which he had been selected to act as a reviewer. His research peers held his expertise in high regard; thus, he has an extensive list of editors who request his services to review and edit manuscripts for publication. The beneficiary’s original work had been commercialized and had a significant impact on his field of expertise. His continued employment was essential for the maintenance of some highly noteworthy projects of several distinguished institutes with which he was collaborating. The petition was certified, and he obtained his Green Card.

DISCLAIMER: PAST APPROVAL OF A CASE IS NOT A GUARANTEE OR PREDICTION REGARDING THE OUTCOME OF FUTURE CASES. CASE RESULTS DEPEND UPON A VARIETY OF FACTORS UNIQUE TO EACH CASE.
Category: Outstanding Researcher, Professor
Status:

The applicant had a Ph.D. (Physics), Master of Science (Physics), Bachelor of Education, and Bachelor of Science and more than fourteen years’ research experience working for several world-renowned institutions.  Her discipline was Biometeorology – Atmospheric Scientist.  We were able to provide substantial documentary evidence of the applicant’s original contributions that began as early has her Ph.D. years.  The applicant had published some very significant articles that reflected years of data collection and analysis.  Thus, her publications were cited heavily in top scientific journals with high impact factors.  The applicant had also been invited to participate on editorial review boards due to her noteworthy research, unique expertise, and related international reputation.  In addition, she participated as a reviewer for a significant number of high impact international journals, the selection criteria of which required the scientist to have an outstanding reputation in the field as determined by publication history and significance, citation volume within the specialty, and overall impact of the research.  Reference letters from leading experts clearly defined this applicant as one of the very top scientists in this unique specialty of biometeorology.  We filed an EB-1 petition premium processing and received an approval within a week.

DISCLAIMER: PAST APPROVAL OF A CASE IS NOT A GUARANTEE OR PREDICTION REGARDING THE OUTCOME OF FUTURE CASES. CASE RESULTS DEPEND UPON A VARIETY OF FACTORS UNIQUE TO EACH CASE.
Category: Outstanding Researcher, Professor
Status:

Our client received an approved I-140 for EB-2, but, with the priority dates at a standstill, opted to file under EB-1 as well.  She had three Ph.D.’s in Marketing and Management.  We provided documentary evidence to show her unique specialty in the social sciences.  This applicant had some significant publications but not as many of some other scientists.  However, we were able to prove that, with social scientists, the data collection process takes substantially more time and, therefore, the volume of publications would not be the same as a hard scientist.  We were able to show that several of the publications were quite noteworthy and published in prestigious journals with a high impact factor.  We also provided evidence to show the applicant’s qualifications as a judge of her peers.  Given her international reputation and highly regarded research work, the applicant was asked to review manuscripts for a significant number of noteworthy publications and a multitude of international conferences.  In addition, we provided evidence of the applicant’s membership on an editorial board, a position of significant importance.  We also provided documentation to show the numerous occasions that the applicant was asked to be on expert panels based on her highly respected and extensive expertise.  Finally, we were able to show the impact of her original contributions and the ongoing research that continues to be cited by other world-renowned researchers in her field.  This case was filed premium processing and approved within just two days.

DISCLAIMER: PAST APPROVAL OF A CASE IS NOT A GUARANTEE OR PREDICTION REGARDING THE OUTCOME OF FUTURE CASES. CASE RESULTS DEPEND UPON A VARIETY OF FACTORS UNIQUE TO EACH CASE.
Category: Engineers, Outstanding Researcher, Professor
Status:

We filed a petition premium processing for the beneficiary who qualified based on her extraordinary engineering contributions. Her substantial and highly scientific contributions paved the way for commercial manufacturing of flexible displays by major, well-known display manufacturing companies. The beneficiary’s commercialized research was featured on Amazon.com. She had over eight years of research experience in the nanotechnology field resulting in multiple patents. We also provided documentary evidence of the beneficiary’s research publications in prestigious scientific journals as well as the lengthy citation record of these articles. The beneficiary was employed with a private employer therefore we submitted documentation of the petitioner’s R&D staff to show at least 3 full time researchers. We also provided documentary evidence to show the accomplishments of the employer as well as their ability to pay the beneficiary’s proffered wage, which included a letter from the CFO, the beneficiary’s tax return, W-2, and recent pay stubs.  The petition was aproved without an RFE.

DISCLAIMER: PAST APPROVAL OF A CASE IS NOT A GUARANTEE OR PREDICTION REGARDING THE OUTCOME OF FUTURE CASES. CASE RESULTS DEPEND UPON A VARIETY OF FACTORS UNIQUE TO EACH CASE.
Category: Engineers, Outstanding Researcher, Professor
Status:

We filed a petition premium processing for the beneficiary who qualified based on his original contributions, publication record, featured research work in the media and service as a judge of the works of his research peers. USCIS seems to have accepted the veracity of our claim for outstanding ability without a question.  We were issued a request for evidence asking only for proof of the petitioner’s ability to pay. We supplied the most recent financial report of the petitioner, a letter from the CFO as well as copies of the beneficiaries W2 and most recent pay stubs. The case was approved within a week.

DISCLAIMER: PAST APPROVAL OF A CASE IS NOT A GUARANTEE OR PREDICTION REGARDING THE OUTCOME OF FUTURE CASES. CASE RESULTS DEPEND UPON A VARIETY OF FACTORS UNIQUE TO EACH CASE.
Category: EB1 Green Card, Engineers, Materials Science and Engineering, Scientists and Researchers
Status:

We filed an EB-1, Outstanding Researcher petition premium processing for the beneficiary who qualified based on her extraordinary contributions in applied sciences. Her substantial and highly innovative contributions paved the way for commercial manufacturing of flexible displays by major, well-known display manufacturing companies. The beneficiary’s commercialized research was well documented. She has over eight years of research experience in the nanotechnology field producing a multitude of patents. We also provided documentary evidence of the beneficiary’s research publications in prestigious scientific journals as well as the lengthy citation record of these articles.  What was unusual about this case was that the beneficiary did not have a PhD, which is the norm for many, if not most EB-1 cases.

DISCLAIMER: PAST APPROVAL OF A CASE IS NOT A GUARANTEE OR PREDICTION REGARDING THE OUTCOME OF FUTURE CASES. CASE RESULTS DEPEND UPON A VARIETY OF FACTORS UNIQUE TO EACH CASE.

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