On September 2^nd, 2016, we received another EB-1A (Alien of Extraordinary Ability) approval for a Postdoctoral Research Fellow in the Field of Protein Biochemistry (Approval Notice).

General Field: Protein Biochemistry

Position at the Time of Case Filing: Postdoctoral Research Fellow

Country of Origin: India

Service Center: Texas Service Center (TSC)

Approval Notice Date: September 2^nd, 2016

Processing Time: 7 months, 13 days

Case Summary:

With a Ph.D. and research experience in the field of protein biochemistry, this postdoctoral research fellow from India had suitable credentials to file his I-140 petition under the EB-1A (Alien of Extraordinary Ability) visa category. This is not his first try at obtaining an EB-1A petition approval. He engaged our services several years ago to help him file both an EB-1A and EB-2 NIW (National Interest Waiver) petition. Although his EB-2 NIW petition was approved, his EB-1A petition was ultimately denied. This was a disappointment to us as an EB-1A approval would have allowed our client to adjust his status for permanent residence without waiting two more years for his priority date to become current. Even so, the petition denial did not deter our client from trying again. He patiently spent the next couple of years improving his credentials and when he was ready, hired us to file another EB-1A petition on his behalf. Roughly 7.5 months after his case was filed, he received notification of case approval.

What was different this time around?

As EB-1A is upheld by a very high standard of law, qualifying for this visa category is easier said than done. We had to demonstrate that our client met at least three out of the 10 requirements set by the USCIS. After carefully re-evaluating his credentials, we presented the following:

• We noted the 121 citations to our client’s work, and the 8 times he conducted peer reviews for scientific journals.
• To solidify our argument that our client is a leader in the field, we asked him to reach out to other expert protein biochemists to support his EB-1A petition. Six experts agreed to lend their support by signing recommendation letters that verified the importance of his research on studying the means by which a certain bacterium promotes blood clotting and infects the hearts of patients to cause acute infective endocarditis. These letters were incorporated into the EB-1A petition packet and no doubt lent a hand a case approval. As an example, this is what one of our client’s recommenders stated: “With such a strong track record of previous success in the field of biochemistry, it is quite apparent to me that [Client’s] research needs to be allowed to continue in the United States. He has set himself apart from his peers through his impactful studies, and the United States’ technological prowess will undeniably be furthered if his research continues.”

What now?

We are currently helping our client and his spouse prepare their I-485 applications (final step towards a green card). Once everything is in order, we will submit the paperwork on their behalf. In the meantime, we wish our client the best with his continued research efforts, and we thank him for selecting our law firm to help him navigate the elaborate green card process.