Law Offices of Rajiv S. Khanna, P.C.
5225 Wilson Blvd
Arlington, VA 22205 USA Ph: (703) 908-4800
Arlington, VA 22205 USA Ph: (703) 908-4800
6 Byers Street
Staunton, VA 24401 USA Ph: (540) 886-6321
Staunton, VA 24401 USA Ph: (540) 886-6321
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.
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.
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.
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.
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.
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.
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.
EB1 – Outstanding Researcher – Seed Technology/Plant Science
This week, we filed an I-140 petition premium processing and received an approval within 24 hours. The applicant had over thirteen years’ research experience, some of which was while working for a world-renowned company known for its innovative work in seed technology. We were able to provide substantial documentary evidence of the applicant’s original contributions that began as early has his Ph.D. years. The applicant had published some very significant articles that changed the course of research for many of his peers. Thus, his publications were cited heavily in top scientific journals with high impact factors. We were also able to supply copies of articles featuring the applicant and his work. The applicant had also been invited to participate on a national advisory board for a prominent society due to his reputation in the scientific community. Reference letters from leading experts clearly defined this applicant as one of the very top scientists in this unique specialty. The 24-hour turn around was a very pleasant surprise indeed.
We have recently won a case following a Request for Evidence for a professor - Ph.D. in Mass Media and Communication. USCIS requested additional “documentary evidence” to support our claim that the applicant qualified under the EB1 Outstanding Researcher and Professor category based on applicant’s publications, acting as a judge of her peers as well as her original contributions. Based on the international reputation the applicant gained as a result of her involvement in the field of mass media, we were able to provide documentation, which included printouts from various news sources as well as extensive web coverage of her work. We also provided additional letters from editors that unequivocally identified the applicant as one of the eminent scholars in her field. Additionally, we provided evidence of the significance of the publications where the applicant’s work had been featured, that included the impact factor, circulation, ranking and historical data. The case was approved within four days of receipt of the response to the Request for Evidence.
We have recently won a case for an applicant who worked as a clinical dental professor and a researcher. The case was won following a Request for Evidence. We showed that the applicant qualified based on his international awards and honors and his highly regarded professional memberships. We provided substantial documentation to show the stringent criteria to obtain such honors.
We won a case for an applicant who worked not only as a clinical dental professor but also as a researcher. The case was won following a Request for Evidence. We showed that the applicant qualified based on his international awards and honors and his highly regarded professional memberships. We provided substantial documentation to show the stringent criteria to obtain such honors. Based on the overwhelming amount of documentary evidence to support the claim that the applicant qualified under professional memberships as well as noteworthy honors and awards, the application was approved shortly after submission of the response to the Request for Evidence.
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. We provided copies of the articles along with the data regarding the significance of the journals, which included printouts from Google Scholar and the ISI master journal list. We provided documentary evidence on each of the journals to show the reputation in the field. We also provided copies of the cited work, highlighting the citations as well as the reference section. As a result of the extensive publication list, we were also able to provide documentary evidence to reflect the significance of his “original” scientific contributions to the field.