General Field: Cardiovascular Medicine

Position at the Time of Case Filing: Clinical Fellow

Petitioner: A Teaching Hospital

Country of Origin: India

Service Center: Vermont Service Center (VSC)

State of Residence at the Time of Filing: New York

Approval Notice Date: March 26th, 2015

Processing Time: 20 Days

Case Summary:

Similar to our EB1-A cases, O1-A cases require that clients demonstrate that they meet at least three of the regulatory criteria set by the USCIS and that they have achieved sustained national or international acclaim specified in this petition, and that the petitioner seeks to employ the beneficiary to continue his work in the field of endeavor in the United States.

This specific client is a clinical fellow in the field of cardiovascular medicine. His work focuses on medicine for the treatment of cardiovascular diseases. Successful research in our client’s field addresses some of the most advanced issues facing national and international healthcare, including the ability to treat common diseases in the United States. His petitioning organization is a teaching hospital located in Massachusetts. Our client’s research has resulted in at least 24 peer-reviewed scholarly publications appearing in leading journals and 16 presentations at national and international conferences as well as 3 book chapters. His scientific articles have been cited at least 199 times by researchers around the globe. He has also reviewed at least 9 papers submitted to prestigious international journals, and been named an Associate Editor for several journals. His expertise can also be seen in a discussion by a fellow researcher about the impact of our client’s work: “[Client] found a clinically significant reduction in blood pressure for patients given statins. As a direct result of this project, we have better treatments for hypertensive patients. [Client] created a new tool in the physician’s arsenal, and the health of millions of Americans has been improved by this work.”

In this case we proved that our client had satisfied the criteria to qualify as an individual of extraordinary ability, had risen to the top of their field of endeavor, had sustained national or international acclaim, and that they sought to enter the United States to continue their outstanding research work in the field of endeavor for a qualified petitioner with the ability to pay.

Kudos to you all! Thank you for all the hard work and a calculated response to the RFEs. To be honest, I was shaken to the core by the RFE and at one point I thought it was not worth responding to the RFE, but with your advice, everything worked for the best. I appreciate your wise counsel.

 

General Field: Inorganic Chemistry

Position at the Time of Case Filing: Visiting Assistant Professor

Petitioner: A Private Company

Country of Origin: Zimbabwe

Service Center: Vermont Service Center (VSC)

State of Residence at the Time of Filing: South Carolina

Approval Notice Date:  March 16th, 2015

Processing Time:  3 Months, 20 Days (Including RFE Response Time)

Case Summary:

Similar to our EB1-A cases, O1-A cases require that clients demonstrate that they meet at least three of the regulatory criteria set by the USCIS and that they have achieved sustained national or international acclaim specified in this petition, and that the petitioner seeks to employ the beneficiary to continue his work in the field of endeavor in the United States.

This specific client is a senior chemist in the field of inorganic chemistry. His work focuses on the areas of materials science research and thermoplastics engineering. Successful research in our client’s field addresses some of the most advanced issues related to environmental pollution, energy security, and resource management. His petitioning company is a private company located in Pennsylvania. This company currently employs four chemists other than our client. Our client’s research has resulted in at least 10 peer-reviewed scholarly publications appearing in leading journals and international conference proceedings. His scientific articles have been cited at least 117 times by researchers around the globe and he has reviewed at least 12 scientific manuscripts. His expertise can also be seen in a discussion by a fellow researcher about the impact of our client’s work: “[Client] has the creativity and innovative spirit that are requisite in developing new models and better technologies for the United States. It is his innovative spirit and talent that has guided and will surely continue to guide organometallic chemical discoveries and innovations in electronics for the United States for many years to come”

In this case we proved that our client had satisfied the criteria to qualify as an individual of extraordinary ability, had risen to the top of their field of endeavor, had sustained national or international acclaim, and that they sought to enter the United States to continue their outstanding research work in the field of endeavor for a qualified petitioner with the ability to pay.

General Field: Fluid Mechanics

Position at the Time of Case Filing: Senior Engineer

Petitioner: A Private Company

Country of Origin: China

Service Center: California Service Center (CSC)

State of Residence at the Time of Filing: California

Approval Notice Date:  February 10th, 2015

Processing Time: 26 days

Case Summary:

Similar to our EB1-A cases, O1-A cases require that clients demonstrate that they meet at least three of the regulatory criteria set by the USCIS and that they have achieved sustained national or international acclaim specified in this petition, and that the petitioner seeks to employ the beneficiary to continue his work in the field of endeavor in the United States.

This specific client is an engineer in the field of fluid mechanics. His work focuses on optics and free-surface flows, with special consideration of their impact on oceanography, limnology, marine physics, ocean and wind engineering, and renewable energy. Successful research in our client’s field addresses novel numerical models for predicting multi-phase flow in natural physical phenomena. His petitioning company is a private company located in California. This company currently employs 1,600 researchers, engineers, and employees throughout the entire company. Our client’s research has resulted in at least 8 peer-reviewed scholarly publications appearing in leading journals and international conference proceedings as well. His scientific articles have been cited at least 42 times by researchers around the globe. His expertise can also be seen in a discussion by a fellow researcher about the impact of our client’s work, “Through my evaluation of his research, I can state without reservation that [Client] is an investigator of great proficiency in his field of fluid mechanics. There are certainly many research groups worldwide that rely on the expertise of researchers cross-trained in fluid mechanics and mechanical engineering, and since such researchers are rare, [Client] is in high demand internationally.” In this case we proved that our client had satisfied the criteria to qualify as an individual of extraordinary ability, had risen to the top of their field of endeavor, had sustained national or international acclaim, and that they sought to enter the United States to continue their outstanding research work in the field of endeavor for a qualified petitioner with the ability to pay.

General Field: Fluid Mechanics

Position at the Time of Case Filing: Senior Engineer

Petitioner: A Private Company

Country of Origin: China

Service Center: California Service Center (CSC)

State of Residence at the Time of Filing: California

Approval Notice Date:  February 10th, 2015

Processing Time: 26 days

Case Summary:

Similar to our EB1-A cases, O1-A cases require that clients demonstrate that they meet at least three of the regulatory criteria set by the USCIS and that they have achieved sustained national or international acclaim specified in this petition, and that the petitioner seeks to employ the beneficiary to continue his work in the field of endeavor in the United States.

This specific client is an engineer in the field of fluid mechanics. His work focuses on optics and free-surface flows, with special consideration of their impact on oceanography, limnology, marine physics, ocean and wind engineering, and renewable energy. Successful research in our client’s field addresses novel numerical models for predicting multi-phase flow in natural physical phenomena. His petitioning company is a private company located in California. This company currently employs 1,600 researchers, engineers, and employees throughout the entire company. Our client’s research has resulted in at least 8 peer-reviewed scholarly publications appearing in leading journals and international conference proceedings as well. His scientific articles have been cited at least 42 times by researchers around the globe. His expertise can also be seen in a discussion by a fellow researcher about the impact of our client’s work, “Through my evaluation of his research, I can state without reservation that [Client] is an investigator of great proficiency in his field of fluid mechanics. There are certainly many research groups worldwide that rely on the expertise of researchers cross-trained in fluid mechanics and mechanical engineering, and since such researchers are rare, [Client] is in high demand internationally.” In this case we proved that our client had satisfied the criteria to qualify as an individual of extraordinary ability, had risen to the top of their field of endeavor, had sustained national or international acclaim, and that they sought to enter the United States to continue their outstanding research work in the field of endeavor for a qualified petitioner with the ability to pay.

Thank you again for all the help on my […] O-1 petition and answering all the questions. Wish you have good holidays.

 

General Field: Environmental Engineering

Petitioner: A Private Company

Position at the Time of Case Filing: Lead Chemist/Researcher

Country of Origin: China

Service Center: California Service Center (CSC)

State of Residence at the Time of Filing: Washington

Approval Notice Date: December 5th, 2014

Processing Time: 18 Days

Case Summary:

Similar to EB1-A cases, O1-A cases require that beneficiaries demonstrate that they meet at least three of the regulatory criteria set forth by the USCIS, that they have achieved sustained national or international acclaim, and that the petitioner seeks to employ the beneficiary to continue his or her work in the field of endeavor in the United States.

This specific client is a Lead Chemist/Researcher from China in the field of Environmental Engineering. His work has focused specifically on the design, development, evaluation, and commercialization of enabling technologies for renewable energy production, including bio-hydrogen and biogas production, biogas purification, and nutrient recovery from waste materials. His research has resulted in at least 21 peer-reviewed articles published in leading and international journals, 8 patents, and numerous national and international conference presentations. His scientific articles have been cited at least 409 times by researchers around the globe. He has also been invited to review over 13 papers submitted to prestigious international journals and conferences.His superior level of expertise was confirmed in the following quote from a recommender, “His studies have led to practical solutions to the challenges facing waste-management, as well as creating a foundation for continued research on different waste substances. The data he has collected enables this line of research to perpetuate, which is essential to the fundamental mission of Environmental Engineering to promote the well-being of the environment for safely sustaining human and animal life.” In this case, we were able to prove that our client had satisfied the criteria to qualify as an individual of extraordinary ability, had risen to the top of his field of endeavor, had sustained national or international acclaim, and that he sought to enter the United States to continue his outstanding research work in the field of endeavor and for a qualified petitioner.

General Field: Molecular Biophysics

Position at the Time of Case Filing: Assistant Professor

Petitioner: A College of Medicine at a Private University

Country of Origin: Germany

Service Center: Vermont Service Center (VSC)

State of Residence at the Time of Filing: New York

Approval Notice Date: November 25^th, 2014

Processing Time: 1 Month, 5 Days

Case Summary:

Similar to our EB1-A cases, O1-A cases require that clients demonstrate that they meet at least three of the regulatory criteria set by the USCIS and that they have achieved sustained national or international acclaim specified in this petition, and that the petitioner seeks to employ the beneficiary to continue his work in the field of endeavor in the United States.

This specific client is an Assistant Professor in the field of molecular biophysics. His work focuses on the development of new microscopy techniques plus studies on the microtubule-based cellular transport system to provide new insights into the molecular mechanisms and etiologies of neurodegenerative diseases and cancers. Successful research in our client’s field addresses ­­­­ cellular dysfunctions linked to Alzheimer’s disease, Parkinson’s disease, Huntington’s disease and many other neurodegenerative diseases, amyotrophic lateral sclerosis, and ovarian cancer. His petitioning company is a college of medicine at a private research university located in New York. This college currently employs over 1000 researchers throughout the entire organization and 65 researchers in our client’s department. Our client’s research has resulted in at least 14 peer-reviewed scholarly publications appearing in leading journals as well as 4 book chapters, 2 review articles, and many presentations at national and international meetings and conferences. His scientific articles have been cited at least 1146 times by researchers around the globe. He has also reviewed at least 90 manuscripts for at least 26 prestigious international journals and served as a judge at multiple conferences and meetings. His expertise can also be seen in a discussion by a fellow researcher about the impact of our client’s work, “His FCS algorithms have become the standard for the measurements of protein dynamics in spatially confined cellular processes, such as dendrites and axons of nerve cells, and for observation and quantification of the transport of molecules and proteins in microfluidic channels in biotechnological applications.”

In this case we successfully demonstrated to USCIS that our client had satisfied the criteria to qualify as an individual of extraordinary ability, had risen to the top of his field of endeavor, had sustained national or international acclaim, and that our client sought to enter the United States to continue his outstanding research work in the field of endeavor for a qualified petitioner with the ability to pay.

General Field: Geotechnical Engineering

Position at the Time of Case Filing: Geotechnical Project Engineer

Country of Origin: Iran

Service Center: Nebraska Service Center (NSC)

State of Residence at the Time of Filing:  Washington

Approval Notice Date: November 18, 2013

Processing Time:  1 month, 22 days

Case Summary:

The remarkable client that Chen Immigration Law Associates had the pleasure of working with in this case was a Geotechnical Project Engineer from Iran working in the field of geotechnical engineering.  He had conducted research and professional service in a broad spectrum of specialized fields in geotechnical and civil engineering. His work had focused specifically on seismic stability and design procedures for reinforced soil walls and slopes, the response of innovative foundation systems for offshore platform in the energy industry, and offshore geohazards, as well as geotechnical analysis and design of transportation infrastructures and geostructures.  We demonstrated that his continued employment in the field would not only benefit those in his field, but the citizens of the United States at large. To achieve success in this case, we submitted extensive documentation proving our client’s highly significant contributions to the field of geotechnical engineering, including at least 3 peer-reviewed journal articles and numerous conference papers. His publications had been cited at least 106 times at the time of case filing, demonstrating that these publications are widely recognized and relied upon in the field of geotechnical engineering.  Regarding the significance of his accomplishments, one of his independent recommenders commented, “[His] work on understanding the triggering mechanisms of submarine landslides is crucial for the safety of people and industries around the world, so much so that his research was funded by an NSF Career grant.”  Through extensive documentation, we were able to successfully argue that our client would serve the national interest to a significantly greater degree than others with similar education and experience. His NIW application was approved in less than 2 months, which is much more quickly than the average processing time of 4-6 months for I-140s.

With this in consideration, it is important to emphasize that the processes and expertise practiced by Chen Immigration Law Associates. Not only do we develop the best possible strategies for each case, but we execute these strategies with the utmost effectiveness!

Just like this case, YOU can be one of success stories. Chen Immigration Law Associates Currently Maintains An Approval Rating Close to 100%!

Want more information?

View our Client Approvals by Month or All Together! 

View our LinkedIn Recommendations to see what past clients have had to say about us! (Please add info@wegreened.com to your LinkedIn to view the comments)

Send us a Free Evaluation Request (Don’t know what’s necessary for the Evaluation Request? View the Evaluation Request Requirements)

Or please email:  law@wegreened.com

Hi [Chen Immigration Group], Thanks for the good news. 

On May 17th, 2013, we received another O1-A (Individual with Extraordinary Ability or Achievement) Approval for an Assistant Professor in the field of Mechanical Engineering (Approval Notice)

General Field: Computer Science
Petitioner: A Custom Computer Programming Services Company
Position at the Time of Case Filing: Senior R&D Scientist
National Origin: Vietnam
Service Center: California Service Center (CSC)
State Residing at the Time of Filing: California
Approval Notice Date: June 7, 2013
Processing Time: 15 weeks

Case Summary:

Similar to our EB1-A cases, O1-A cases require that clients demonstrate that they meet at least three of the regulatory criteria set by the USCIS and that they have achieved sustained national or international acclaim specified in this petition, and that the petitioner seeks to employ the beneficiary to continue his work in the field of endeavor in the United States.

This specific client is an assistant professor in the field of computer science. His work focuses on the areas of computer vision, machine learning, and artificial intelligence. Successful research in our client’s field addresses some of the most advanced issues in systems such as automatic problem detection framework, humanoid robots, autonomous vehicles, and Unmanned Aerial Vehicles (UAVs). His petitioning company is a small, high-tech, custom computer programming services company located in California. This company currently employs 17 researchers, 7 engineers, and 28 employees throughout the entire company. Our client’s research has resulted in at least 12 patents currently under evaluation or pending and 15 peer-reviewed scholarly publications appearing in leading journals and international conference proceedings. His scientific articles have been cited at least 30 times by researchers around the globe. His expertise can also be seen in a discussion by a fellow researcher about the impact of our client’s work, “[The Beneficiary] pioneered and led an especially interesting project in which he utilized intelligent video systems to detect retail fraud and reduce retail shrinkage… video intelligence system such as this has the ability to save retailers millions of dollars in fraud prevention each year, maximizing profits and cutting the cost of store security.”

In this case we proved that our client had satisfied the criteria to qualify as an individual of extraordinary ability, had risen to the top of their field of endeavor, had sustained national or international acclaim, and that they sought to enter the United States to continue their outstanding research work in the field of endeavor for a qualified petitioner with the ability to pay.

With this in consideration, it is important to emphasize that the processes and expertise practiced by Chen Immigration Law Associates. Not only do we develop the best possible strategies for each case, but we execute these strategies with the utmost effectiveness!

Just like this case, YOU can be one of success stories. Chen Immigration Law Associates Currently Maintains An Approval Rating Close to 100%!

Want more information?

View our Client Approvals by Month or All Together! 

View our LinkedIn Recommendations to see what past clients have had to say about us! (Please add info@wegreened.com to your LinkedIn to view the comments)

Send us a Free Evaluation Request (Don’t know what’s necessary for the Evaluation Request? View the Evaluation Request Requirements)

Or please email:  law@wegreened.com

Getting an H-1B visa can be challenging. U.S. Citizenship and Immigration Services (USCIS) received approximately 124,000 H-1B petitions during the filing period, which began on April 1, 2013. In just five days, USCIS reached the statutory H-1B cap of 65,000 for fiscal year 2014. On April 7, 2013, USCIS used a computer-generated random selection process (commonly known as a “lottery”) to select a sufficient number of petitions needed to meet the caps of 65,000 for the general category and 20,000 under the advanced degree exemption limit. So, those wishing to apply for a cap-subject H-1B will need to wait until April 1, 2014.

The O-1 nonimmigrant visa can be a viable alternative to the H-1B. Like the H-1B, it requires an employer to serve as the petitioner and allows immigrant intent. The O-1 is for the individual who possesses extraordinary ability in the sciences, arts, education, business, or athletics, or who has a demonstrated record of extraordinary achievement in the motion picture or television industry and has been recognized nationally or internationally for those achievements.
The O nonimmigrant classification is commonly referred to as:

• O-1A: individuals with an extraordinary ability in the sciences, education, business, or athletics (not including the arts, motion pictures or television industry);
• O-1B: individuals with an extraordinary ability in the arts or extraordinary achievement in the motion picture or television industry;

General Eligibility Criteria

To qualify for an O-1 visa, the beneficiary must demonstrate extraordinary ability by sustained national or international acclaim and must be coming temporarily to the United States to continue work in the area of extraordinary ability.

Extraordinary ability in the fields of science, education, business or athletics means a level of expertise indicating that the person is one of the small percentage who has risen to the very top of the field of endeavor.

Extraordinary ability in the field of arts means distinction.  Distinction means a high level of achievement in the field of the arts evidenced by a degree of skill and recognition substantially above that ordinarily encountered. The beneficiary must be renowned, leading, or well-known in the field of arts.

To qualify for an O-1 visa in the motion picture or television industry, the beneficiary must demonstrate extraordinary achievement evidenced by a degree of skill and recognition significantly above that ordinarily encountered. The beneficiary must be recognized as outstanding, notable or leading in the motion picture and/or television field.

Advantages of the O-1 visa

The O-1 visa has a number of advantages, as compared to the H-1B. First, there is no annual cap on the number of O-1 visa issued. Second, there is no limit on the number of extensions or the length of the beneficiary’s stay in the U.S. In contrast, after six years in the U.S., H-1B beneficiaries must return to their home country for one year, unless they have an approved Form I-140 (Immigrant Petition for Alien Worker). Third, the focus of the O-1 petition is on the achievements of the beneficiary; the burden on the petitioning employer is less as compared to H-1B. For the O-1, no Labor Condition Application (LCA) is needed. Fourth, the average processing time is 2-3 weeks, as compared to 2-6 months for H-1B. Premium processing may be requested by filing Form I-907 and paying a fee of $1,225; if premium processing is requested, the USCIS will issue a decision on the petition within 15 calendar days. Fifth, the beneficiary can start to work upon approval of the O-1 visa petition, whereas for the first cap-subject H-1B, the petitioner must apply by April 1^st, but the beneficiary must wait until October 1^st before starting to work.

In addition, as the O-1 visa allows immigrant intent, it can be extended even after filing a Form I-140 (Immigrant Petition for Alien Worker). Also, the O-1 may be a good first step to qualifying under EB-1A (Alien of Extraordinary Ability), as many of the criteria are similar. But, it is easier to qualify under O-1 than EB-1A, as Kazarian does not apply. (link to wegreened discussion of Kazarian here)

Application Process

The O-1 petitioner must file an I-129Petition for Nonimmigrant Worker with the USCIS and pay a $325 filing fee. The petition may not be filed more than one year before the actual need for the alien’s services. To avoid delays, the Form I-129 should be filed at least 45 days before the date of employment. In addition to filing an I-129 and paying the filing fee, the following documentary evidence must be provided:

Consultation

A consultation is a written advisory opinion from a peer group (including labor organizations) or a person designated by the group with expertise in the beneficiary’s area of ability.
If the O-1 petition is for an individual with extraordinary achievement in motion picture or television, the consultation must come from an appropriate labor union and a management organization with expertise in the beneficiary’s area of ability.

Exceptions to the Consultation Requirement:

If the petitioner can demonstrate that an appropriate peer group, including a labor organization, does not exist, the decision will be based on the evidence of record. Those in academic and teaching fields have no unions or peer groups and, therefore, must have letters of recommendation from the applicant’s “peer group” in which their referees outline their own standing in the field.

A consultation may be waived for an alien with extraordinary ability in the field of arts if the alien seeks readmission to perform similar services within 2 years of the date of a previous consultation.  Petitioners should submit a waiver request and a copy of the previous consultation with the petition.

Contract between petitioner and beneficiary

A copy of any written contract between the petitioner and the beneficiary or a summary of the terms of the oral agreement under which the beneficiary will be employed is needed.

NOTE:  USCIS will accept an oral contract, as evidenced by the summation of the elements of the oral agreement.  Such evidence may include but is not limited to: emails between the contractual parties, a written summation of the terms of the agreement, or any other evidence which demonstrates that an oral agreement was created.

The summary of the terms of the oral agreement must contain:

• what was offered by the employer
• what was accepted by the employee

The summary does not have to be signed by both parties to establish the oral agreement.  However, it must document the terms of the employment offered and that the beneficiary has agreed to the offer.

Itineraries

An explanation of the nature of the events or activities, the beginning and ending dates for the events or activities, and a copy of any itinerary for the events or activities, if applicable. The petitioner must establish that there are events or activities in the beneficiary’s field of extraordinary ability for the validity period requested, e.g. an itinerary for a tour or a series of events.

Thank you, for your help on O-1 visa. It is very big relief for me.

On May 17th, 2013, we received another O1-A (Individual with Extraordinary Ability or Achievement) Approval for an Assistant Professor in the field of Mechanical Engineering (Approval Notice)

General Field: Mechanical Engineering
Petitioner: A large machines manufacturing company
Position at the Time of Case Filing: Assistant Professor
National Origin: India
Service Center: California Service Center (CSC)
State Residing at the Time of Filing: Texas
Approval Notice Date: Processing Time: 7 Days

Case Summary:

Similar to our EB1-A cases, O1-A cases require that clients demonstrate that they meet at least three of the regulatory criteria set by the USCIS and that they have achieved sustained national or international acclaim specified in this petition, and that the petitioner seeks to employ the beneficiary to continue his work in the field of endeavor in the United States.

This specific client is an assistant professor in the field of mechanical engineering. His work focuses on the areas of developing novel in-situ nano composite materials for energy efficient sliding systems, nano-tribological studies of metallic materials, researching bio-materials, and thermally analyzing composites. His petitioning company is a large machines manufacturing company located in Wisconsin, where our client would work as a tribology engineer. Our client’s research has resulted in at least 7 books, book chapters, or reports, as well as 42 international conference proceedings, accepted abstracts, conference presentations, and poster presentations. In addition, there are 16 peer-reviewed scholarly publications appearing in leading journals and international conference proceedings in print or accepted for publication, and 11 invited lectures.

In this case we proved that our client had satisfied the criteria to qualify as an individual of extraordinary ability, had risen to the top of their field of endeavor, had sustained national or international acclaim, and that they sought to enter the United States to continue their outstanding research work in the field of endeavor for a qualified petitioner with the ability to pay.

With this in consideration, it is important to emphasize that the processes and expertise practiced by Chen Immigration Law Associates. Not only do we develop the best possible strategies for each case, but we execute these strategies with the utmost effectiveness!

Just like this case, YOU can be one of success stories. Chen Immigration Law Associates Currently Maintains An Approval Rating Close to 100%!

Want more information?

View our Client Approvals by Month or All Together! 

View our LinkedIn Recommendations to see what past clients have had to say about us! (Please add info@wegreened.com to your LinkedIn to view the comments)

Send us a Free Evaluation Request (Don’t know what’s necessary for the Evaluation Request? View the Evaluation Request Requirements)

Or please email:  law@wegreened.com