On July 1, 2015, we filed a petition for an alien worker (I-140), a leading scientist from Rolla, Missouri. We are happy to report that – with premium processing – the case was approved in seven days and without a dreaded request for evidence. This is the first step towards obtaining lawful permanent resident status.
This interesting case involves a PhD. who specializes in nanotechnology and metals. He filed for an EB-1 visa for aliens of extraordinary ability. This case was a self-petition, which means no employer was involved.
In most employment-based immigration cases, an employer is required to file a PERM application with the Department of Labor before filing the visa petition with USCIS. But for a rare number of workers, the law allows them to self-petition without an employer and without going through the expensive and time-consuming PERM process. To qualify for the exception, the alien has to satisfy at least three out of ten listed criteria and the standard is very stringent.
Our office is frequently contacted by scientists, researchers, educators and others who believe that they may qualified for this extraordinary path to lawful permanent resident status. We turn down the vast majority of cases after having a heart-to-heart with the potential applicant. The standard is very, very high and most people just don’t have the credentials necessary to prevail.
One significant factor in determining whether these cases get approved is who will write letters in support of the person seeking to obtain the EB-1 visa. If the potential applicant only has letter writers from a close circle of friends or from people that they studied or worked with, the application is unlikely to succeed. To prevail, the person really needs world-class individuals in the field to write strong letters of support.
This is why we agreed to take this case. The client had an impressive publication, teaching and presenting history. But more importantly, the people that he had writing letters for him were the tops in the field and were both academics and industrial leaders. We filed what we thought was a strong application and apparently USCIS agreed.
Now our client will need to file for adjustment of status. We will get working on that shortly.
If you have questions about employment-based visas or would like for us to evaluate your credentials to see if you have a good chance of success, please contact us at (314) 961-8200.