Not Qualified for EB1A (EB1-EA) Alien of Extraordinary Ability but Wish to File under EB-1 ? Consider EB1B (EB-1OR) Outstanding Researcher/Professor

Not Qualified for EB1A (EB1-EA) Alien of Extraordinary Ability but Wish to File under EB-1 ? Consider EB1B (EB-1OR) Outstanding Researcher/Professor

For foreign nationals born in India and China, EB-1A (EB1-EA) Alien of Extraordinary Ability is the most attractive category given the visas are current for everyone and it allows self petition. However, EB-1A (EB1-EA) Alien of Extraordinary Ability has the highest standard of law (risen to the very top of the endeavor) and low approval rate (the overall USCIS approval rate is 60%) .

For people whose credentials are not quite sufficient for EB-1A (EB1-EA) Alien of Extraordinary Ability, EB1-B (EB1-OR) Outstanding Researcher/Professor is a good choice. The standard of law is lower—internationally recognized as outstanding and the overall approval rate is much higher (the overall USCIS approval rate is 90%).


 

I.                   Introduction– EB1B (EB1-OR) Outstanding Researcher or Professor

The EB1B (EB-OR) Outstanding Researcher or Professor immigration category is reserved for foreign nationals that are internationally recognized as outstanding in their specific field of research. This category requires that the applicant be a tenured or tenured-track professor at a university, or be employed in a permanent research position at a company that employs at least three full-time researchers, as well as have at least three years of experience in the field. Therefore, EB1-B (EB1-OR) Outstanding Researcher/Professor petitions must be sponsored by the applicant’s employer, and accompanied with an employment letterverifying that the terms of employment meet the stated criteria. If the applicant meets these employment criteria, they are encouraged to apply through EB-1B rather than EB-1A as the standard of law is lower, and there a fewer criteria necessary for approval of the application.


 

II.                Employer Sponsor

The U.S. employer acts as the petitioner in EB1-B (EB1-OR) Outstanding Researcher/Professor, and must file the petition through USCIS. Additionally, the petition will be accompanied by an employment letter in which the employer verifies that they agree to employ the beneficiary on an ongoing basis, and that they have the ability to pay the beneficiary’s salary. Furthermore, the petition must show that the beneficiary has at least three years of research experience in the field, and will be employed in a tenure-track or permanent research position, meaning the beneficiary is employed on an ongoing basis for an unlimited amount of time.


 

III.              EB1B (EB1-OR) Outstanding Researcher or Professor vs. EB-1A  (EB1-EA)  Alien of Extraordinary Ability

The standard of law is much lower for EB-1B than EB-1A. To file EB-1A, you must prove that you are an individual of “extraordinary ability,” and this category generally requires greater achievement and ability than the EB-1B “outstanding researcher” category. Furthermore, the evidence standard to qualify for EB-1B is much easier to satisfy than for EB-1A. EB-1A petitions require that you meet at least three of the listed criteria, whereas EB-1B only requires that you fulfill two of the listed evidentiary criteria. Therefore, since the standard of law is much lower for EB-1B, and it is easier to fulfill the evidentiary criteria, it is preferable to file an EB-1B petition as long as you meet the required employment standards.


 

IV.               Criteria for “Outstanding Researcher or Professor”

The beneficiary must meet at least two out of the following six criteria in order to qualify as “outstanding”:

a.)    Evidence of the receipt of major prizes or awards for outstanding achievement

b.) Evidence of membership in associations that require their members to demonstrate outstanding achievement

c.) Evidence of published material in professional publications written by others about the alien’s work in the academic field

d.) Evidence of participation, either on a panel or individually, as a judge of the work of others in the same or allied academic field

e.) Evidence of original scientific or scholarly research contributions in the field

f.) Evidence of authorship of scholarly books or articles (in scholarly journals with international circulation) in the field


 

V.                 Two-Part Approach (Kazarian test) for EB-1B cases

Like EB-1A (EB1-EA) Alien of Extraordinary Ability  cases, the USCIS applies a two-part approach to the evaluation of EB-1B cases, as set forth in the Kazarian case. In this process, the USCIS first determines whether or not the beneficiary satisfies the necessary prongs of the criteria, and then performs a final merits determination in which they evaluate the evidence as a whole in order to determine if the beneficiary qualifies as “outstanding.” For an EB-1B case, the USCIS officer will first determine whether the evidence submitted satisfies at least two of the six evidentiary criteria. Then, the officer will consider all of the submitted evidence in totality. The evidence as a whole must establish that the beneficiary is internationally recognized as outstanding.


 

VI.               Recent Successful Cases at Chen Immigration Law Associates

At Chen Immigration, we have had remarkable success in getting EB1-B (EB1-OR) Outstanding Researcher/Professor cases quickly approved. Using our unique and effective case strategies, we at Chen Immigration Law Associates have recently had several cases approved for clients with a variety of backgrounds and employment histories. Notably, these clients were employed at wide range of private companies and universities, and also had varying levels of achievement. Using our strategies, however, these cases were all swiftly approved without request for further evidence (RFE).

Following are some examples of EB-1B cases we have recently had approved:

 


  • EB1B (EB1-OR) Outstanding Researcher or Professor

Successful Case 1: Researcher Working for a Small Private Company with 6 Employees—approved in 2 months

This client is a materials scientist from China with specialization in electrochemistry and nanomaterials was seeking continued employment at a small company that specialized in the development rechargeable lithium ion batters and fuel cells. The company was very small and only employed 6 full time researchers. The company had received significant government funding for their projects, however, from numerous government entities including the Department of Defense, the National Science Foundation, as well as the army and the navy. The company acted as the sponsoring employer in this case, confirming the beneficiary’s continued employment and their ability to support his salary. We submitted substantial evidence that the beneficiary had published work in international journals, had acted a judge of the work of others through his review work (reviewed around 5 papers), and had received international recognition through the numerous citations his work had garnered from researchers around the world. Additionally, we submitted several strong recommendation letters from experts and researchers in the shared field confirming the beneficiary’s significant contributions and international recognition as an outstanding researcher in the field of endeavor. His petition we swiftly approved in two months. (See Approval Notice)


 

  • EB1B (EB1-OR) Outstanding Researcher or Professor

Successful Case 2:Assistant Professor Working at a State University

This client is a professor from India in the field of oral radiology wished to obtain permanent residency to continue her position as a tenured-track Assistant Professor at a large state university. She had been continually employed at the university since 2008, and therefore had more than the necessary three years of experience as a professor or researcher required for EB-1B. The university acted as the petitioner of her case, confirming her tenured-track position and their desire to continue her employment through the submission of an employment letter. We submitted documentary evidence that the professor met the requirements for four of the possible six criteria for qualification as an outstanding professor. We submitted evidence that the beneficiary had authored 7 scholarly articles and 13 conference proceedings in her field in order the claim authorship of scholarly articles in the field. Furthermore, we submitted recommendation letters from experts in her field emphasizing that her scientific contributions to the field were indeed significant. We also submitted evidence that she had participated as a judge of the work of others through her review work, and that she had won major prizes and awards in her field. Lastly, we demonstrated that she had received international acclaim because she had received around 80 citations from researchers around the world. Her case was quickly approved in 8 days after the case was upgraded to PP (premium processing) and she now enjoys permanent residency status in the U.S. (See Approval Notice)


 

  • EB1B (EB1-OR) Outstanding Researcher or Professor

Successful Case 3: Researcher Working for a Private Company

The petitioner in this case was a large company with revenues upwards of $50 million, and therefore had the financial ability to support the beneficiary, a researcher in the field of telecommunications and electronic engineering. Moreover, the company employs nine full-time researchers, and provided confirmation that they wished to employ the beneficiary on a permanent basis. Therefore, the company met the necessary qualifications to act as petitioner on behalf of the beneficiary. The beneficiary had seven years of experience as a researcher in the field, specializing in the design and development of wireless networks. Through documentary evidence of the beneficiary’s scholarly articles, citations, and peer-review work, we were able to claim three criteria with strong evidence of support. We showed that through his research, the beneficiary had made original scientific contributions to the field, had published scholarly articles in internationally circulated journals, and had participated as a judge of the work of others through his peer-review work. To satisfy the final merits determination, we submitted several strong recommendation letters from experts around the world confirming that the beneficiary had received international recognition as an outstanding professor in the field of endeavor. Using our tried and tested strategies, the beneficiary’s petition was approved without RFE in 20 days with the request of premium processing. (See Approval Notice)


 

  • EB1B (EB1-OR) Outstanding Researcher or Professor

Successful Story 4: Researcher Working for a Private Company

The petitioner, a large micron technology company, wished to continue the permanent employment of the beneficiary as a Senior Process Development Engineer. The beneficiary had a Ph.D. in materials science engineering, and had already been employed at the company for five years. We submitted documentary evidence that the beneficiary met the required criteria for outstanding ability including evidence of the publication of his scholarly articles in international journals, his receipt of a major award in recognition of his original contributions, and his participation as a judge of the work of others in the field of endeavor. Furthermore, his citation record of over 100 citations from researchers around the world demonstrated international recognition of his work, and several accompanying reference letters explained his top standing and outstanding ability in the field. The beneficiary was clearly qualified as an outstanding researcher, and using our strategies, his case was quickly approved. (See Approval Notice)


 

  • EB1B (EB1-OR) Outstanding Researcher or Professor

Successful Story 5: Assistant Professor Working for a Small State University

The beneficiary in this case was an Assistant Professor in the field of industrial engineering who was sponsored by his employer, a small state university. Both the petitioner and the beneficiary met the desired employment requirements, and therefore were qualified to submit an EB-1B petition for permanent residency on the basis of the beneficiary’s tenured-track position at the university. Although the beneficiary had sufficient documentary evidence of his original contributions through the publication of scholarly work in the field, as well as evidence of participation in peer-review work, he only had a citation record of about 35 citations—a comparatively low number of citations in regards to other cases we have had approved. Despite this seemingly weak number of citations, we were still able to use our reliable strategies to successfully argue his international recognition as an outstanding professor in the field of industrial engineering. To strengthen his case even more, we submitted several recommendation letters in addition to the petition affirming his top standing in the field as well as his international recognition as outstanding. The case was quickly approved, and we were able to add another case to our list of successful stories. (See Approval Notice)

As you can see from this list of cases, we at Chen Immigration Law Associates have successfully gained approval of cases with a wide variety of petitioners, beneficiaries, as well as levels of achievement. Our clients have included both professors and researchers who have worked at a range of companies and universities, both small and large. For each case, we are able to tailor our methods and strategy to suit the individual characteristics of each client and employer, which ultimately led to approval in every case.


We are pleased to announce that North America Immigration Law Group has so far received over 7,500 EB-1A, EB-1B and EB-2 NIW approval notices. In 2015 and 2016, the approval rate is 97.9% for cases using our "Approval or Refund®" (money back guarantee) service and 96.9% for all cases.

Our approval rate is 99.6% for NIW petitions using our "Approval or Refund®" (money back guarantee) service and the overall approval rate for all NIW cases is 99.2%.

In terms of EB1A petitions, the approval rate is 96% for cases entitled to our "Approval or Refund®" (money back guarantee) service and the overall approval rate for all EB1A cases is 94.3%.

As one of the leading U.S. immigration law firms providing the most comprehensive services focusing on EB-1/NIW petitions, we are proud to maintain our high approval rates with a large volume of approved cases.

Our staff keeps close track of the latest immigration trends and regulations of USCIS (U.S. Citizenship and Immigration Services), decisions of AAO (Administrative Appeal Office) and judicial review opinions. The massive collected materials contribute to the most convincing arguments and winning strategies of our firm for EB1A, EB1B, and NIW petitions.

If you are interested in filing the green card, please send your CV to law@wegreened.com for our free evaluation. Our attorneys will email you back with the evaluation result within 24 hours.


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