Case Studies- EB1A, EB1B, EB1Ckidambil2018-03-12T23:00:21+00:00
We take great pride in showcasing some of our interesting cases. Our dedication and diligence paid off and we received the highest client rating and satisfaction.
EB-1A; Investment/Management Analyst for Institutional Equity Management Firm
“ Thank you for the help with this. This is obviously a defining moment for anyone’s career and life. It would be interesting to see which prongs they ultimately approved. Maybe they share the details in the notice. In any case, I shall bring some wine when I see you guys later this week for the I-485 submission.”
This Client was frustrated with the lack of movement in visa numbers for India and already had an approved Immigrant Petition (I-140) in the Employment Based Second Preference Category. Highly qualified and earning a high salary, his position warranted further review under the first preference category. We undertook a thorough review of his background, job duties, personal achievements before putting together a winning petition. It is significant that the Client had no publications, or membership in noteworthy peer organizations. His achievements were commercial, and we had to find a way to present his story in a compelling way. Additional pressure was brought to bear when we found out that changes were underway at the Petitioning company. The Kidambi team painstakingly put together each letter and document to build what we believe was an extremely persuasive petition. The client even chose premium processing as a way of seeking quick review.
EB-1B-Outstanding Researcher/Professor- Systems Pharmacology
EB-1B – Outstanding Researcher/Professor
Field: Systems Pharmacology – a marriage of two parallel universes – Systems Biology and Pharmacokinetics – Pharmacodynamics (PKPD).
The initial petition for this Client was prepared by the largest Immigration Law Firm in the Country and was summarily denied by the USCIS. The Law Firm told our client that he should just go with an EB-2 Petition since they did not think he rose to the level of an Outstanding Researcher. First, we discovered the initial petition had misclassified the “field of endeavor” and went about fixing this by engaging the client in a discussion about his area of research and how it was unique. We categorized the field as a new discipline that uses “quantitative and computational methods to study emergent behaviors of biological components”. This was further explained through a series of examples and lay person testimony to assist examiners. More importantly, we provided video evidence through a YouTube upload that showed the field itself was in its very nascence and its recent origins were no more than ten years old. The previous petition had no mention of the Petitioner’s standing or profile in the field. This was remedied by engaging in a spirited discussion about the petitioner’s profile as a top-notch innovator with a pipeline of drugs that required cutting edge research. This was further bolstered with a “forward looking statement” from the Employer. Finally, we provided a statement from the FDA according one of the Employer’s products with “Breakthrough Therapy” designation. This was followed by more in depth analysis of the Employer’s R&D process and how our Client played a crucial role in the team. Several letters were offered into evidence to show how Beneficiary satisfied several of the criteria required for designation as an Outstanding Researcher. Particular attention was paid to the various international citations received by peer reviewed publications authored by our Client. Each citation was carefully discussed for its probative value. The USCIS lays special emphasis on the international recognition and scope of peer reviewed publications. The petition was premium processed and approved in two-weeks.
EB-1B – Outstanding Researcher/Professor- Field: Light Scattering and Rheology of Complex Fluids
EB-1B – Outstanding Researcher/Professor
Field: Light Scattering and Rheology of Complex Fluids
Cite: Matter of T-C-S-C, ID# 13183 (AAO Sep 28, 2015)
Case: LIN 14 908 13202
The initial petition filed by our Office was denied by the Service. The reasons were cursory and showed a complete lack of understanding of the field and Beneficiary’s formidable achievements as an Outstanding Researcher. More importantly, the USCIS completely ignored the Petitioner’s profile and standing in the field as a leader in innovation. The AAO in sustaining the Appeal had this to say about Beneficiary’s achievements: “The submitted letters attest to the Beneficiary’s standing as a recognized expert in his field and to the widespread use of his work by other researchers internationally. These statements are supported by documentary evidence including citation data. In light of the evidence discussed above and other corroborating evidence of record, we find that the Beneficiary’s achievements in the aggregate are commensurate with being recognized internationally as outstanding in the academic field.” We worked very closely with the Client to help him understand the vagaries of the USCIS adjudication process and how we strongly believed our appeal would be successful. The final Appeal Brief ran to over 50 pages and contained approximately 5000 pages of evidence.
This is great A___!! Yasmin….many thanks for all your work on this.
I am grateful for your help.
I received my approval notice (welcome letter) and email that the GC has been mailed via USPS. I should be receiving the physical card in a couple of days.
THANKS A LOT to both of you (and everyone else involved) for your patience and help with getting this through.
Mr. A___ initially entered the U.S. in L-1A status. Subsequently his status was changed to H-1B status. Mr. A and his employer approached us to initiate the process of obtaining permanent residence. We realized that Mr. A___ was still functioning as a multinational executive/manager and qualified for EB-1C. We advised the client accordingly and initiated processing of an immigrant petition in the first preference. The USCIS issued a complex RFE challenging the Manager/Executive nature of the position. Our Office then responded with extensive documentation of the managerial/executive nature of the position. The response to the RFE was in excess of 40 pages and argued Mr. A___’s eligibility for the classification. The petition was approved.
We had obtained an O-1 as an outstanding tennis player for this client. He turned pro in 2005. He was selected to play Davis Cup for his Country in 2006. Then, in August of 2011, he began moving up in the rankings eventually being ranked 113 in the World. He was also given a wild card into the 2011 French Open. We pounced on this string of achievements to immediately make a case for EB-1A. When we learned his case had been approved and notified him, he was on his way to Australia to participate in the 2012 Australian Open Qualifying Rounds.
EB-1B Outstanding Researcher – Food Science (M.S. in Food Science – No Ph.D.)
“This is your client for the EB-1-OR application through _____ Inc. I wanted to inform you that I have received the Green Card. Me and my wife would like to thank you from the bottom of our hearts for successfully managing our case to completion. We are extremely excited about this as it will open up a lot of opportunities for us. Also, wanted to share the news of the birth of our baby boy. He is 4 weeks old now.”
The Client came to us after being rejected for the EB-1B category by a prominent Law Firm that felt that his lack of a Ph.D. was a clear disqualification and he did not qualify for the EB-1 category. We reviewed his resume carefully and after a detailed discussion discovered his background was nothing less than extraordinary. Mr. Shenoy (assumed name) had obtained a Master’s degree in Food Science from the Number #1 ranked university for Food Science in the U.S. While employed with his current employer, Mr. Shenoy had invented a supplement which would allow patients maintain healthy blood glucose, triglyceride and cholesterol levels using a single product at a manageable daily dose. A patent application had been filed, but not granted. Evidentiary documentation of a key collaboration for the research along with the patent application, research methodology showing extensive testing and painstaking research over 24 months, publications (6) and evidence of membership were submitted.
Wowww!!! I can’t believe it!! I am still shaking!! 🙂 You and your team of lawyers are the very very best!! Thank you for your wise advice during this many visas-green card process! I always felt I safe after listening to your advice!! Thank you to Maier for all her work on my case. You Kidambi lawyers ROCK!! 🙂 Big THANK YOU again!
– Flor. T (assumed name), USA
The Immigrant Petition was filed on behalf of a Tennis Coach under the Extraordinary Ability Category. Again, the Office prepared the Petition in a meticulous fashion referencing every major achievement in our Client’s career. We provided sample letters to elicit information from several of the Client’s students and proteges. Because Tennis professionals tend to be extremely busy and rushed for time, the task of helping potential affiants provide helpful letters is always a challenge. We surmounted this problem by, for instance, allowing potential affiants call in and leave long messages, or tape and send us their comments which were then reduced to extraordinarily detailed letters to help our Client’s case. It also helped that the Client worked with a former World #1 player and was part of an academy set up by this Star. However, due to the sensitivity of this Star’s status, care had to be taken with the statement being provided and we had to work closely with the Star’s International Attorney to ensure everyone was happy with the submission being made. Finally, we gathered a record amount of evidence to convince the Service that the Petition was worthy of being approved as filed. The final submission was prepared using the USCIS’s new standard for EB-1 submission.
Thanks Vaman for all the efforts.
R… and his family got the actual Cards as well!!
– President and CEO, IT Company, CA
Our Client is an Information Technology Services Company with 20+ Employees. They hired a Business Development Manager for their India business three years ago. From the start, Mr. R. Dwibedy (assumed name) was a high achiever and contributed to the growth of the U.S. business by laying the foundation for an outsourcing model. In early 2009, he was transferred to the Sacramento, CA office to manage their growing outsourcing business. In mid 2009, the Client approached us to process an EB-1C petition for the employee. We carefully researched the Client’s business model and found that they had outlined their growth curve and remarkably, it coincided with the hiring and continuous employment of Mr. R.D. We then plotted both to show the Service exactly how this had been achieved and the timeline for such growth. Impeccable documentation, careful research and the ability to translate arcane information into a winning petition is what we bring to all our cases.