I-140 & I-485 Approved in 10 Months
Given the current visa retrogression on EB2 and EB3 categories, many applicants are exploring possibilities of filing EB1’s (A &B), to avoid the lengthy waiting periods associated with filing I-485’s.
We have had a thorough discussion about the EB12 and its criteria in our article “Current Trends in EB-1-2 Outstanding Researcher Cases”.
Based on our experience, compared to the EB1-1, Alien of Extraordinary Ability, the EB-1-2 is less restrictive in terms of meeting the statutory requirements. More importantly, it is an option for universities and private companies to avoid labor certifications for their research staff and faculty. We have extensive experience in helping foreign nationals qualify as outstanding professors at US colleges and universities, as well as research scientists working at private companies for immigration purposes.
The following is just one example of our many EB12 approvals obtained on behalf our foreign applicants.
In September 2005, our immigration professionals helped file an EB12 (sponsored by the employer) on behalf of a research engineer in Northern California. The I-485 for the applicant and his family member were filed concurrently.
The client, Dr. W, received his M.S in Civil Engineering in China and subsequently his Ph. D in Civil Engineering in the US.
Dr. W authored and co-authored a dozen publications including eight in Chinese. It was due to his research work on the stability of masonry members that he received an Outstanding Paper Award at the North American Masonry Conference. He also received a number of awards and fellowships including his Ph. D Dissertation Fellowship, Graduate School Fellowship and Guanghua Scholarship. Dr. W is also a member of the American Society of Civil Engineers and member of the American Society of Mechanical Engineers.
Dr. W’s research is clearly being referenced by others within the field of his expertise, which can be seen from the SCI citation index and expert testimonial. In addition, Dr. W is an expert reviewer for the Journal of Engineering Mechanics, the flagship journal of the American Society of Civil Engineering (ACSE), for which his Ph. D advisor is an editor.
Although the employer is a small sized software development company, we provided evidence to successfully establish that the employer is the leader in nonlinear finite analysis software that is extensively used worldwide in automobile crashworthiness analysis, defense applications, and other advanced engineering projects. The job position filled by the beneficiary requires proven extraordinary ability in the field of structural engineering and finite element.
We further argued that Dr. W has made groundbreaking research discoveries in the area of finite element method and structural engineering. His pioneering research not only greatly improves the technology advancement of US aerospace and mechanical and building industries, but also helps the US secure the dominant position in these crucial fields that have significant impacts on our national security and defense.
The beneficiary submitted eight expert letters from his current employer, his co-worker, his Ph. D advisor and independent and industry experts. We also advised our client to obtain one recommendation letter from China attesting to his research achievement as a key member of China’s “Eight-Five Year Plan”. No letter from the US government was provided.
The I-140 was approved by the CSC in 6 months; the I-140 was filed in September 2005 and approved in March 2006. The concurrently filed I-485s were approved in July 2006.
It is worth mentioning that we also filed an NIW for Dr. W in October 2005 with the CSC. The NIW was approved in September 2006, three months after the client and his family member received their greencards