I-140 Petition Approved for Extraordinary Ability Alien using Premium Processing

Philadelphia Immigration Attorney Brian Getson succesfully represented a medical researcher at a prestigious University in a self-filed EB1A I-140 Petition for classification as an Alien with Extraordinary Ability in the Sciences.  The Petition was filed using the USCIS premium processing service and was approved in 11 days from the date of filing.  The researcher was found by USCIS to be among the small percentage of researchers at the very top of the field of using magnetic resonance imaging (MRI) for the diagnosis and characterization of disease to predict disease prognosis and treatment outcome.  Evidence of five criterion under 8 CFR 204.5(h)(3) was submitted with the I-140 Petition including:  publications, published material about the researcher, evidence of judging the work of others, presentations at international conferences, and evidence of original scientific contributions of major significance.   Following the approval of the I-140 Petition the researcher and derivative family members filed I-485 applications to adjust status to United States Permanent Resident.

Form I-360 Self-Petition Approved for Battered Husband

The Violence Against Women Act authorized immigrants to self-petition using Form I-360 if they are a battered spouse married to a U.S. citizen or lawful permanent resident.  Further, unmarried children under the age of 21, who have not filed their own self-petition, may be included in the petition as derivative beneficiaries. The I-360 self-petition is much more commonly used by battered women who have suffered severe abuse by their U.S. citizen husbands.  Our client, on the other hand, is a man who was abused by his U.S. citizen wife.  While the USCIS should not apply a different legal standard, or standard of proof, to men who file battered spouse petitions, many believe that it is considerably easier to prevail where the battered spouse petition is filed by a woman. We evidenced our client's abuse by submitting a lengthy, chronological affidavit that set forth each instance of his abuse over the past two years of his marriage.  We also provided thorough evidence to support his affidavit, including medical records, where applicable, and detailed affidavits of friends and family members who witnessed or were aware of various instances of the abuse. This case is also unique in that our client entered the U.S. without inspection.  Generally, immigrants who entered without inspection (EWI) may only apply for green cards through a special law known as 245(i), a section of the Immigration and Nationality Act that authorized certain immigrants to adjust their status where a petition was filed prior to April 30, 2001.  However, recent guidance from the USCIS indicates that battered spouse petitions may be filed along with applications for adjustment of status even for immigrants who entered the U.S. without inspection.  Some immigration lawyers may still be unaware of this development.  This issue had remained unresolved for many years prior to an authoritative memorandum that established the current precedent.  Expect an update on this case after our client attends his adjustment of status interview.

H-1B Extension Petition Approved for Continuation of Employment without Change for Same Employer

Our law firm sucessfully processed an H-1B extension of status petition for continuation of employment without change for the same employer.  Upon filing of the H-1B Petition the employment authorization of the Beneficiary was extended for a period of 240 days pending a decision on the petition.  Our attorneys ensured that the petition was timely filed prior to the expiration date of the prior H-1B Petition by timely obtaining a certified Labor Condition Application and by filing the extension petition weeks in advance of the filing deadline to make the petition timely.

Cap-Exempt H-1B Petition Approved Using Premium Processing

Our Philadelphia Immigration Lawyers represented one of the leading Hospitals in the United States that is a cap exempt H-1B employer due to its Cooperative Relationship with a University in the filing of a cap-exempt H-1B Petition for a Research Associate position.  The Petition, requesting a change of status from L-2 to H-1B, was filed with the USCIS California Service Center via premium processing and was approved.  The position required a Master's Degree or its equivalent in biology, chemistry, biochemistry, physiology or a related filed and an academic degree equivalency evaluation was provided to demonstrate the Beneficiary's qualifications for the position.  The employer letter submitted with the Petition explained how the Beneficiary would use the research techniques learned in coursework at the Master's Degree level to perform the scientific experiments required of the position.

I-751 Petition Approved Following Request for Evidence

Clients initially filed an I-751 Petition to Remove Conditions on Residence without the assistance of a law firm.  The Immigration Service issued a Request for Evidence requesting extensive documentation of the bona fide nature of the marital relationship.  Our clients thereafter retained our Philadelphia Immigration Attorneys to assist in the response to the Request for Evidence.  Approximately 1 month after our law firm submitted the response to the Request for Evidence the I-751 Petition was approved and the permanent 10 year green card was issued.

I-130 Petitions Approved under Family 2A Preference Category

I-130 Relative Petitions filed by United States Permanent Resident on behalf of spouse and minor children were approved by USCIS.  Our law firm will now monitor the priority date in the United States State Department Visa Bulletin and when the priority date is current we will file the appropriate paperwork with the National Visa Center.

EB1A Extraodinary Ability Alien Case Approved For Human Monoclonal Antibody Therapeutics Researcher

EB1A Extraodinary Ability Alien Petition approved at the Texas Service Center using premium processing for Indian National who was found by USCIS to be one of the small percentage of researchers at the very top of the field of human monoclonal antibody therapeutics.  The Beneficiary developed a new method to create human monoclonal antibodies that is being used by governmental organizations, private corporations and academic institutions worldwide to create human monoclonal antibodies to treat disease.  Evidence submitted in support of the EB1A Extraordinary Ability Alien Petition included letters regarding the original scientific research contributions of Beneficiary and the commercial use of his research by others to develop human monoclonal antibodies, receipt of a Small Business Innovative Research Grant from the National Institutes of Health, publications in top-ranked international journals, discussion of Beneficiary's work by other researchers and in major media, evidence of Beneficiary's peer review activity, evidence of commercial success via patents and a licensing agreement, evidence of presenations at international conferences, and evidence that Beneficiary has served in a leading or critical role for an organization with a distinguished reputation.  Beneficiary was working part-time at both a H-1B cap exempt employer and a H-1B cap subject employer and his self-filed Extraordinary Ability Alien Petition allows him to adjust his status to permanent resident without employer sponsorship, enabling him to continue his full-time equivalent work for both employers.

EB1B Outstanding Researcher Petition Approved Along with Simultaneously Filed Green Card Application

EB1B Outstanding Researcher Petition was approved for the permanent research position of Research Associate for individual conducting research on the botulinum toxin for the purpose of biodefense in the academic field of pharmacokinetics (what the body does to a drug) and pharmacodynamics (what a drug does to the body).  The I-485 Adjustment of Status Application simultaneously filed with the I-140 Petition was approved at the same time as the I-140 Petition.  Total processing time from the date of filing to receipt of the green card was 4 months at the USCIS Texas Service Center.  Our Philadelphia Immigration Lawyer filed the I-140 Petition on behalf of a prominent university in Massachusetts.  Supporting documentation submitted with the Outstanding Researcher Petition included evidence of original scientific research contributions of major significance to the field, presentations at international conferences, trademark and commercial production of a vaccine developed by the Beneficiary by a major pharmaceutical company, evidence of authorship of scholarly articles in the academic field, copies of media articles discussing the research accomplishments, a google scholar citation list, letters from individuals who discussed the Beneficiary's research, copies of publications discussing the research, evidence of activity judging the work of others as a peer-reviewer for a top-ranked international journal, and receipt of an international award for excellence.

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