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Successful EB-1A for Applicant with a Master’s Degree only In late September 2008 Mrs. Gupta contacted our firm inquiring about the possibility of applying under the EB-1A category for Persons of Extraordinary Ability. She was aware of the fact that EB-1A category currently has visa numbers available to all petitioners throughout the world. Therefore, despite the fact that Mrs. Gupta’s employer was preparing to file an EB-2 petition on her behalf, she hoped to avoid the extensive wait time from EB-2 visa number retrogression for aliens born in India, like herself, by also self-petitioning under the EB-1A category. Managing Attorney Jerry Zhang evaluated Mrs. Gupta’s credentials to determine whether or not she met the EB-1A threshold of being a member of “the small percentage of individuals who have risen to the very top of their field of endeavor”. In order to qualify, Mrs. Gupta would have to demonstrate that she had attained the level of Extraordinary Ability within her field of Chemistry, by providing sufficient documentation that her work had been recognized and acclaimed in her field of expertise. Mrs. Gupta is an exceptional scientist in the field of Organic chemistry. However, she does not have a Ph.D. degree like most of EB-1A applicants. She earned a Master’s degree in Chemistry from a Chicago University and has been working at one of the world’s leading pharmaceutical companies in New Jersey. Mrs. Gupta has published six papers, applied for two patents and has earned a major national award. Though on paper Mrs. Gupta met the criteria for the EB-1A category, our legal experts knew from experience that the reviewing USCIS officer may have hesitations over Mrs. Gupta’s credentials due to the fact that she had not received a Ph.D. degree. Mrs. Gupta retained our services in October 2008 so that our experienced team could assist her in proving that she was, in fact, extraordinarily exceptional in her field. For the next two months, we worked diligently with Mrs. Gupta and her husband to obtain and revise strong letters from knowledgeable recommenders who had worked with Mrs. Gupta as well as independent experts in her field, who could attest to the exceptionality of her work. In order to further impress upon the reviewing officer how influential Mrs. Gupta’s work is to her field, our legal team also assisted her in compiling documentation of some of her awards, patents, and how often her findings were sighted and employed. Zhang & Associate's attorneys, with the help of Mrs. Gupta and her husband, efficiently prepared all of the evidence that was crucial to her successful petition. Supported by strong evidence, Z&A attorney wrote a petition letter to USCIS proving that Mrs. Gupta has made original scientific contributions of major significance to her field; has been the recipient of recognized national or international awards; and that she has authored scholarly articles in her field of extraordinary ability in professional or major trade publications. Although she did not receive her Ph.D., Z&A’s experienced legal team, including Jerry Zhang and Shen-Chih Mai, among others, successfully demonstrated that Mrs. Gupta’s Master’s training, in addition to her patented research work, and the awards she has received, qualified Mrs. Gupta as an Alien of Extraordinary Scientific Ability. In May 2009, just 5 months after the initial filing and without a request for more evidence, Mrs. Gupta’s EB-1A case was approved. We were extremely happy for Mrs. Gupta and were pleased to have helped her avoid the visa number backlog of the EB-2 category before being able to file her adjustment of status applications. Mrs. Gupta was similarly overjoyed and emailed Attorney Zhang thanking him for the firm’s excellent service and requesting our continued assistance during the I-485 process. Wish Mrs. Gupta’s family get their green cards soon. *In order to protect our client’s privacy, all identifying information has been changed. ------ (06/08/2009) For more immigration news, please click here |
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