Physicists 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: PERM - Labor Certification, Physicists, DOL
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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.

We responded with an MTR/Appeal asserting that this was not an appropriate ground for denial and that no formal training was required or available in these technologies. We submitted that hands-on work in a university research laboratory does not constitute formal training. Upon consideration, DOL agreed with us and reopened the application.

A year and a half later, DOL issued an Audit Notification. Immediately following our response, DOL denied the application for the second time, stating (incorrectly) that the advertisements were defective due to some technical reasons. Our response, in the form of another MTR/Appeal, included a clear exposition of the law. Given that the denial reason was clearly an error on DOL’s part, we requested the case be placed into an expedited review so the case would quickly be reopened and approved. To our relief and joy, within one week DOL certified the labor application.

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: Chemists, Outstanding Researcher, Professor, Physicists
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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.

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, Physicists
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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 .

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.