NIW Approval for Molecular Biologist – No RFE (October 2022 Edition)

 The High-Skilled Immigration team at Ellis Porter is extremely strategic in determining exactly what each client needs in order to present an excellent case for a National Interest Waiver (NIW). Our approach hinges on presenting only the most relevant and compelling evidence with each petition while still ensuring that our clients’ unique achievements and abilities are effectively showcased. We never ask a client for more or less than what is truly needed to demonstrate their eligibility for a given immigrant classification. Because some clients come to us with objectively superb credentials for the EB-2 NIW subcategory, we offer an “expedited” service geared toward individuals whose cases are strong enough that letters of recommendation are not actually warranted. The petitioner whose approval we are highlighting here retained us for this “expedite” service. We are pleased to report that their recommendation letter-free petition found favor with USCIS and was approved in less than a year without any intervening Request for Evidence (RFE). Since we did not need to take the time to pursue letters of support from referees, we were able to prepare this client’s case in just a matter of weeks. The resulting approval speaks to the efficacy of our lean, “expedited” service for which a great many NIW aspirants fully qualify.

This client, a molecular biologist in the process of pursuing their Ph.D., sought to file an NIW based on their plan to develop targeted anticancer and combination therapies effective against complex diseases like cancer. At the time of filing, they had published roughly a dozen scholarly papers—a couple of them featured in especially high-ranking scholarly journals—and accumulated dozens of citations in the scholarly literature. Notably, this individual had also worked on projects funded by government agencies in the United States and abroad. Because the client was not listed as the principal investigator on the U.S. federal grants, we helped them obtain clear, concise testimonial letters from the principal investigators who affirmed the client’s essential role in these government-backed investigations. Thus, we were able to establish that, since this client had performed well-received research with high-level financial support from authoritative sponsors in the field, they were well-positioned to advance their nationally important research. We are delighted to have earned another approval for a deserving client, who summarized their positive experience with Ellis Porter as follows:

“It was a pleasure working with m y attorney at Ellis Porter, Andy Ingebritson, on my NIW I-140 petition. Andy and his team (Emily and Jillian) were extremely helpful preparing my petition, which recently got approved! Choosing Ellis Porter for my I-140 application was a right choice for me. I am going to continue working with their team on my adjustment of status petition. I highly recommend the team for I-140 application process."

-R.I.

NIW Approval for EV Engineer with No RFE- (September 2022 Edition)

This success story follows an electrical engineer whose research focuses on optimizing renewable energy technologies, particularly as related to electric vehicles. The client worked closely with our team to construct a detailed narrative about how his research benefits the United States and how his research sets him apart from other experts in the same field. By highlighting how others have implemented and invested in his work, as well as the recognition his work has received from prestigious publication venues and government agencies, we drafted a petition that was customized to lean on the strongest points of the client’s case.

Our team knows that the process of case preparation can be stressful for our clients, which is why we make responsiveness a top priority. By working closely with this client, we were able to provide insight into which aspects of the client’s career were most worth highlighting and which could be considered less significant by USCIS. We were also happy to incorporate the client’s feedback into our drafted documents, as he is the field expert who best understands the specific impact of his work. This cooperation helped us build the strongest case possible that showcased the client’s unique skills and clearly laid out what he has to offer the United States. Following this strategy, we were thrilled to secure an NIW approval for our EV engineer.

“It was a great pleasure getting to partner with Sean Stork of Ellis Porter’s High-Skilled Immigration team on my national interest waiver (NIW) petition. Sean and his paralegal, Emily, made a wonderful team to handle my case. I can think of many ways Ellis Porter’s service met and surpassed my expectations. For one thing, my team was incredibly attentive, and when I was preoccupied or confused, they proactively reached out to me to see what I needed help with. They also gave me clear action items to handle when they needed me to provide certain pieces of evidence or endorse forms. For another thing, they prepared an excellent legal brief to accompany the NIW filing. It read like a document written by an expert in my own field. Finally, my petition got approved in just over five months, and USCIS did not require any further documentation to reach a favorable decision. This is truly the best outcome I could have hoped for; I owe it to Sean and Ellis Porter for making this happen!”

-A. I. E., M.Sc

Computer Scientist Receives I-140 NIW Approval without RFE- (September 2022 Edition)

This month we are featuring a computer scientist who received an I-140 NIW approval. This client used Ellis Porter’s traditional NIW service, which includes the drafting of recommendation letters prior to the legal brief. Our high-skilled immigration team has considerable experience preparing robust recommendation letters and legal briefs that present our clients’ cases as strongly as possible. The recommendation letters for this client included detailed descriptions of their education and experience, prominent research projects, accomplishments, and the overall merit and importance of their work. As noted in the below testimonial, we translated the scientific information in the client’s documents into a thorough summary of the client’s work that both the client and his expert recommenders approved of.

The below testimonial also notes the client’s appreciation for our guidance while collecting their evidence. Due to our considerable experience filing NIW petitions, our team has a substantial understanding of the types of evidence that USCIS views as valuable as well as that which should be avoided. Once this client’s letters and supporting documents were finalized, we crafted a comprehensive and accurate legal brief that fully addressed each NIW prong. This involved collecting documentary sources confirming the broader value of the client’s work and outlining the client’s expertise and the impact of their work on the field. Altogether, we were able to clearly show that this computer scientist met the NIW requirements, and their petition was approved.

Lastly, this client was pleased with the speed at which we were able to prepare their recommendation letters and a subsequent legal brief. This is yet another success story indicating that our high-skilled immigration team excels at preparing strong NIW petitions as quickly as possible, while ensuring that they are factual, detailed, and of high quality.

“David was my lawyer for I-140 application and I can't ask for a better one. The whole process from the petition preparation to writing the recommendation letter to even the case approval was so quick and seamless. When I received the first draft of my petition, I was so amazed how informed he was. Except some typos and some jargon mistakes, I could not find any other flaw. The whole petition was like a novel, coherent, concise and right to the point backed up by some great articles from some creditable sources to prove my projects have national interests. The whole petition and all the required exhibits were prepared in a great order. Moreover, he wrote the best recommendation letters I could think of. Receiving the list of recommender candidates, he did in-depth researches about them and highlighted part of their resumes where I could gained the best benefits from. It's worth to mention, all my recommenders signed their drafts without even changing a word. He also had a good taste and insights of what to be emphasized and what not. He has such a good personality; he cares about his clients a lot and tries to respond to their concerns and questions ASAP. I was determined about his abilities from day zero when I was first introduced. I am grateful about his instructions and guidance throughout the whole process and wish him the best in his career.”

-M.G.

I-140 Approval for Entrepreneur- (September 2022 Edition)

Some firms use a cookie-cutter approach for their I-140 clients, employing templated letters and retaining only clients who conform to a one-size-fits-all strategy. But at Ellis Porter, we are committed to working closely with each client to identify the unique aspects of each case that boost their chances of approval. Whether they are scientific researchers, entrepreneurs, or pilots, we pride ourselves on building close relationships with our clients, not only to build the strongest case possible but to support them through what can often be a lengthy and frustrating process. This kind of support can be especially needed when we are forced to respond to an arbitrary or unjust RFE.

It's this commitment to our client's individual needs that led to I-140 approval for this client – the founder and CEO of a company providing inspection, auditing, consulting, and training services to firms in a variety of industrial sectors. We submitted a detailed business plan with his original petition, along with several expert letters and other documents demonstrating his outstanding track record in bolstering or turning around the fortunes of many major businesses. Unfortunately, USCIS issued an RFE for the case. RFEs can be discouraging, causing many petitioners to question if their cases are indeed strong enough for approval. But we reassured this client that, as is so often the case, this RFE was predicated on a faulty analysis of the original petition, and USCIS’s own standards for adjudication. We submitted an RFE response explaining in detail the evidence that was misinterpreted or overlooked, along with some additional letters and other documents to further reinforce our arguments. The petition was ultimately approved, underscoring that while every case is different, our commitment to the individual needs of every one of our clients is a constant.

“Without any doubt Jonathan D. Goslow is one of the best immigration lawyers in terms of knowledge, responsiveness, reliability and availability. Johnathan and his team were extremely professional, humble and friendly and he was always available for my many questions.

I had an incredible experience working with him and his team which finally led to a positive result and my Green Card.

I truly appreciate his valuable efforts and therefore it is my great pleasure to have the chance to recommend him for similar work. I wish him and great team only the best.

Many thanks to Johnathan and their whole team”

-B.T.

NIW Approved with No RFE- (August 2022 Edition)

The High-Skilled Immigration Team at Ellis Porter is happy to announce that we have secured another NIW approval for another of our outstanding clients. This client had an exceptional educational background, with two master’s degrees in physics; at the time we filed his petition, he was pursuing a doctorate in materials science and engineering. In this petition, we highlighted how this client’s work—dealing with important technologies such as semiconductors and electric vehicles—was particularly valuable to the interests of the United States, particularly to the nation’s economy and goals in environmental sustainability. We were also able to show how this client’s impressive academic and professional background, including not only his degrees but also his distinguished publication and citation records, made him uniquely prepared to conduct further work in his field.

"I am really happy working with Ellis porter. At first, John Goslow reviewed my credentials and replied me positively with all the possible ways to make a strong NIW file. Then he transferred my case to Stanley Cheng & Zachary Landau as they are also very well experienced in this field. Yes, I had great experience with them filing my NIW. They were simply amazing with their jobs and prompt reply. Stanley made outstanding draft for my case & was very responsive to make it better. We had very fruitful discussions to avoid RFE in any ways. Sometimes, I argued with Stanley for adding some points but Stanley refused to add it in the draft and said we may get RFE which apparently depicts Stanley's dedication for client, potentiality on work & ability for understanding how we can avoid RFE. Finally, my I-140 approved without RFE & feel grateful retaining with them. I strongly recommend Ellis porter if anyone wants to file NIW. Wish you all the best Stanley, Zachary, & Ellis porter! We had wonderful journey. Best, MHUM"

-M.H.U.M

Approved NIW for Biomedical Engineer- (August 2022 Edition)

This client had a strong case, with nearly 40 citations at the time of filing, and had his petition approved in just under four months. This client’s educational experiences occurred at some of the foremost institutions within the United States and provided him with a strong foundation for his career in pharmaceuticals. Moreover, his research credentials are impressive: his work has been published in several leading journals and has been cited at higher rates than that of his peers. His work had received funding from well-regarded sources and he had been cited by leading researchers in his field. Throughout the course of his career, his publications have been well-received in the academic community, and we were able to successfully demonstrate that his achievements were duly impressive.

“My NIW I-140 was approved just in 3.5 months after filing. I would highly recommend Ellis Porter to anyone who is considering starting a green card process, which otherwise might be difficult to approach. Attorney Jonathan (John) Goslow and his paralegal Emma did an extraordinary job preparing and filing my petition very quickly and smoothly. I must say I am someone who is difficult to impress but their help and support throughout the whole process was truly amazing! They were very responsive whenever I had any questions or concerns. I felt like they really understood my credentials and why my backgrounds and works are of national importance to qualify for NIW. Now I am retaining them for my I-485 process. I have no doubt that they would take very well care of your case as well! If I have a friend or even a family member who wants to start their NIW case, I am 100% sure that I will connect them to John's team.”

-H.J.K.

NIW Approval for Environmental Engineer- (August 2022 Edition)

Our High-Skilled Immigration team had the pleasure of filing an NIW petition for an applicant with a unique, multidisciplinary engineering background. This individual came to us with a bachelor’s degree in civil engineering and a master’s degree in environmental engineering, as well as a doctorate in biological engineering underway. To gain an understanding of their experience and intentions for the future – and thus ensure that we could provide a strong narrative of their career trajectory for the USCIS officer – we instructed this client to prepare a summary of their career and plans. We learned about how this client became interested in applying their expansive engineering knowledge and insights to devising solutions for several problems faced by the United States. They explained their experience addressing the rise of antibiotic-resistant bacteria (i.e., removing veterinary antibiotics that have entered the environment via agriculture and farming), the need for alternative energy sources (i.e., generating, capturing, and storing biogas), the need for alternative fertilizers and effective fertilizer management (i.e., repurposing farm waste for fertilization, reducing reliance on costly, synthetic fertilizers), and even the need for improved drug delivery systems (i.e., harnessing nanoparticles to carry therapeutic agents directly to their disease targets, minimizing damage to healthy bodily tissues). Understanding all this, we helped the client distill their far-reaching plan into a concise endeavor and plan that we could clearly articulate in their filing.

Oftentimes, a challenge to preparing a successful NIW petition is connecting a client’s future intentions to what they have done in the past, showing consistent progression and ability in one particular field. For this individual, “engineering” was the throughline of their training and experience – and we determined that environmental engineering was the field best encapsulating their overall body of work.

After homing in on the exact endeavor that would serve as the basis of their NIW application, we conducted research to establish how the client’s area of focus had both substantial merit (e.g., applicability to the betterment of global public health) and national importance (e.g., applicability to the betterment of environmental and public health by ridding the environment of pollutants and contaminants, such as leaked antibiotics that give rise to antibiotic-resistant bacteria). We also took care to demonstrate how the client had the skills, knowledge, achievements, plan, and support necessary to pursue this work in a way that would benefit the United States. This individual possessed a combination of academic and industrial experience that we drew upon to establish their competency and preparedness for environmental engineering research that USCIS would find intrinsically and nationally important. In the end, USCIS found this individual well-positioned to carry out their work, concluding that it would be suitable to waive the labor certification process and job offer requirement so that they could pursue their endeavor unimpeded. We are as pleased with this favorable outcome as we are gratified by the client’s positive review of how we handled their case:

“For my NIW-EB2, I worked with Michael Linn and David Allen, and am very satisfied with the service. Due to the lengthy nature of I-140 procedure, and all the stress we all have about our future, I believe that the most important thing is the skill of the lawyers and how you can communicate with them in a timely manner. In my case, I really enjoyed how responsive, accurate and to the point my attorneys were. Every time I had any questions or concerns, they would comprehensively address those in a few hours. In addition, the petition for my environmental/biological engineering field was very strong, thorough, and sufficient and no revision was needed. The recommendation letters were written accurately. The brilliant point that I remember is, how they researched what was my field and added even more evidence to boost the petition. To give you an idea, of how fast, accurate and cooperative my lawyers were, the whole process of my NIW filing was less than 4 months. All in all, I recommend them to all, good luck with your case!”

-A.H.T.

NIW Approved for Chemical Engineer- (July 2022 Edition)

As many of our clients know, one of the most stressful aspects of the NIW case preparation process is choosing a legal team capable of conveying the importance of your work to USCIS. As officers typically do not possess a technical background in a petitioner’s field, choosing a legal team comfortable with relaying crucial aspects of your work to the officer is critical. In this approval, our client is a chemical engineer who seeks to continue his work by building predictive models for a variety of industries. Recognizing Ellis Porter’s distinct reputation in expertly drafting recommendation letters, our client was impressed with the speed and quality of the letters we prepared for his NIW petition. By clearly illustrating in the letter drafts how his predictive modeling framework is of vast relevance to U.S. interests, we were able to build a cohesive and carefully crafted petition, while using his signed letters to further underscore distinctive points of his career to the adjudicating officer. By using well-drafted letters in tandem with the other exceptional quality evidence our client was able to provide, we are pleased to say that our client’s petition was approved.

"I worked with John Goslow between December 2020 and July 2022 for my EB-2 NIW category employment based immigration. Goslow and his staff are first and foremost extremely responsive and helpful with any questions I have throughout the process, including the inquiry phase, document preparation, and throughout the processing time of my application.Being the second law firm that I worked with on immigration, Goslow is extremely knowledgeable of my field of work compared to the last firm that I worked with, and is able to provide expert feedback on the selection of my recommenders, and the content of their recommendations. I would go as far as to say that Goslow knows my career more than any individual recommender that I selected, by virtue of putting this whole package together. This was instrumental in assembling an application that convincingly communicates my work as having great national interest to the United States.I highly recommend working with Goslow and his associates in Ellis Porter (I had also worked with Ellis Porter for my i-485 application); they are cost competitive, provide a great and responsive service, and gave me the comfort I needed to go through this process."

-L.L.

Applied Mechanics Researcher Has Two Petitions Approved with no RFEs- (July 2022 Edition)

Some clients choose to file both EB-2 NIW and EB-1A petitions with us, which we may advise based on an individual’s specific credentials and circumstances. As a terrific candidate for both the EB-1A and our expedited NIW service, this applied mechanics researcher worked with our team to draft a comprehensive narrative of his career accomplishments and how they demonstrate his ability to continue conducting impactful research in the U.S. for years to come. Our team guided this researcher every step of the way as he collected evidence that would show the unique benefits of his work to both the United States and his field more generally.

Once his NIW petition was filed with USCIS, our team quickly shifted gears to start working on his EB-1A petition. Because we had already collected extensive evidence of his publication and citation records, educational credentials, peer review experience, research funding, and more, this second case preparation process moved along efficiently with little extra work on the client’s end. We drafted supplemental recommendation letters to accompany his EB-1A filing, which helped strengthen his case by showcasing his notable talents and exceptional research contributions. Within a year of his NIW approval, this client succeeded in securing his EB-1A and has passed the greatest hurdle to becoming a legal permanent resident. We’re thrilled that we could help him win not one, but two approvals from USCIS and facilitate his continued career in the U.S.!

“I had the pleasure of working with attorney Andy Ingebritson and his paralegal Emily Kirk at Ellis Porter to file my EB2-NIW and EB-1A petitions. During the initial counseling for my NIW petition, Andy and his team correctly advised me to choose the expedited option based on the strength of my overall credentials and citation record. When we started working together to prepare the NIW case, Andy’s instructions regarding the supporting documentation was easy to follow and his response to my queries were prompt. My NIW petition was approved without the need for additional evidence and I chose to retain Andy’s services for my EB1-A petition. I was extremely impressed by Andy’s intelligence and professionalism throughout the process of preparing and filing my EB-1A petition. In particular, the recommendation letters prepared by Andy and his team highlighted the benefits of work, which I believe was instrumental in building a strong case and my EB-1A petition was recently approved without the need for any additional evidence. I highly recommend working with Andy and his team at Ellis Porter.”

-D.S.

EB1A Approval for an Applied Physics Researcher after both an RFE and a Denial- (June 2022 Edition)    

We are pleased to share this success story highlighting an applied physics researcher who worked with Ellis Porter’s High Skilled Immigration Team on an EB1A petition that was approved even after USCIS issued both an RFE and a denial. Prior to filing their EB1A petition with Ellis Porter, this client had already had two unsuccessful I-140 petitions, and we were thrilled to help this client finally achieve the approval they had been waiting for. 

We sought to emphasize the impact of this applied physics researcher’s work both quantitatively and qualitatively. To accomplish this, we showcased the impressive nature of their publications and citations and used citation statistics to further contextualize the import of their efforts. We also summarized their groundbreaking research projects and findings and highlighted their esteemed reputation and recognition by providing documentation of their professional service for journals and conferences, receipt of invitations to present or share their expertise, and funding that supported their work. This evidence was paired with letters from experts in applied physics who corroborated the client’s extraordinary ability and success thus far in the field.

As the client attests below, USCIS issued an RFE for this petition and a subsequent denial as well, and we continued to work with the client to contest USCIS’s decision. After consistently pushing back against USCIS’s arguments, we recommended that the client further challenge the denial in federal court. Ultimately, the client received approval. This success story is just one example of our commitment to our clients, as well as our ability and experience in responding to USCIS’s RFEs and denials.

“I worked with Andy for my EB1A based I-140 application. We got an RFE and despite a strong response prepared by Andy, USCIS unfairly denied my application. Andy was relentless in making USCIS accountable for its arbitrary and capricious denial and persuaded me to challenge the decision in federal court under the APA. USCIS settled by approving my I-140. You need a lawyer like Andy who never gives up and fights for his client with every legal option. I strongly recommend him for high skilled migrants to consider!”

-R.G.

NIW Approved for Ph.D. Candidate in Civil Engineering- (June 2022 Edition)

With our decades of combined experience in I-140 petition preparation, the attorneys at Ellis Porter know what works and what doesn’t. We keep a fastidious eye on USCIS adjudication trends, monitoring what specific forms of evidence usually lead to approvals as opposed to those that might trigger RFEs or denials. Less experienced immigration attorneys may take an overly broad approach, leading to an unnecessarily lengthy case preparation process without materially increasing the chances of approval. Ellis Porter’s highly targeted strategy, on the other hand, enables our clients to submit the strongest cases they can as quickly as possible – which is especially important for our NIW clients who are eager to establish priority dates.

This client, a Ph.D. candidate in civil engineering with a research specialty in environmentally sustainable pavement materials, is one of many who have clearly benefitted from this strategy. At the time of filing, he had over 150 citations, a publication in one of the top-ranked journals in his field, and a strong record of peer review for several other major journals. We were confident that by focusing primarily on these, his most relevant credentials, we could quickly and efficiently prepare an exceptionally strong case for him. By forgoing requests for extraneous evidence, we were able to put all our focus on crafting a highly precise, yet thorough, data-driven legal strategy tailored to avoid pitfalls that often lead to RFEs. The rewards of this approach quickly became apparent; we were able to prepare and file the case in only a few weeks, and it was approved in just five months – demonstrating that our unparalleled efficiency does not ever compromise the quality of our renowned services.

“I am super happy that my NIW-I140 was approved within five months! I absolutely recommend Ellis Porter's group and David Allen as my attorney, who helped me file a strong case for my NIW very fast and professionally. Something really made me surprised when I worked with David. I heard from my friends that some other attorney's groups ask their clients for extra and mostly unnecessary documents, which causes a significant delay in filing their cases. However, David never asked me for additional evidence; therefore, I could file my case in three weeks. Finally, it was a great experience to work with David.”

-F.H.K.

NIW Approved for Electronics Engineer- (June 2022 Edition)

Ellis Porter’s High Skilled Immigration Team is proud to announce another successful NIW petition for another exceptionally accomplished client. This client holds degrees in electronics engineering from respected universities throughout the world and was, at the time of filing, pursuing his Ph.D. in the United States. We were able to highlight the extraordinary influence of his work by demonstrating that his papers were published in some of the foremost journals of his field and that his works were statistically among the most highly cited for his field. Furthermore, we leveraged this client’s extensive history as a peer reviewer for both conferences and journals to demonstrate his position as a widely-recognized authority in his field. Finally, and perhaps most importantly in the NIW context, we were able to show—using both our extensive experience in presenting petitions to the USCIS and our ability to draw on persuasive, authoritative sources—that our client’s work holds immense importance to the United States’ technological sector.

“I am very happy to have worked with David Allen and Ellis Porter. He was a tremendous help throughout the entire case preparation process, and my case was approved thanks to his diligent efforts and assistance. David’s knowledge and expertise were absolutely essential, as were his professionalism and efficiency. The quality of their written materials was very good. I recommend Ellis Porter to anyone who wants to file an NIW petition.”

-M.A.H.

NIW Approved for Chemist- (June 2022 Edition)

This client had a strong case, with just over 100 citations at the time of filing, and had his petition approved in just under 3 months. His work had been published in several leading journals and been cited at higher rates than that of his peers. Moreover, this client’s educational and employment experiences occurred at some of the foremost institutions in his field, both within the United States and around the world. Throughout the course of his career, his work had received funding from renowned sources and he had been cited by leading researchers in medicinal chemistry. Overall, his case had notable real-world implications for treating diabetes, was well-received in the academic community, and we were able to successfully demonstrate that his achievements were duly impressive.

“Thank you first for the awesome news of my NIW case approval! I just open my mailbox and I got the approval letter, and I am overjoyed by that! I know that my petition was in a safe hand but I did not expect that it was processed in such short time – under 3 months! Everything related to the preparation of my petition was fast and smooth. I already recommended EP to several colleagues of mine, and I plan to continue to do so. Thank you for your priceless assistance and guidance.”

-B.B.

NIW Approved for Industry-Employed Chemical Engineer with No RFE- (May 2022 Edition)

We are excited to report that our High-Skilled Immigration team successfully obtained an NIW approval for a chemical engineer who had graduated with their PhD and accepted an industry position not long before filing. This client came to us with bachelor’s and master’s degrees in chemical engineering, earned outside the United States, as well as a second master’s degree and a recently conferred doctorate in chemical engineering from a U.S. university. Having completed their scholarly education, this individual went on to join a publicly traded U.S. company to work as a formulation chemist. Proposing to research and develop chemical products that are friendlier to the environment—such as crop-protecting treatments and coatings for seeds—this individual came to Ellis Porter for assistance in acquiring an EB-2 visa with a waiver of the job offer requirement and labor certification process. It was immediately clear to us that this individual had a great set of skills to empower them in advancing the important goal of developing and characterizing ecofriendly products, and that this goal aligns with the U.S.’s agricultural, economic, and environmental objectives.

Our High-Skilled Immigration team’s expertise encompasses not just the logistics of petitioning for EB-1/EB-2 permanent worker visas but providing clear portraits of what our applicants are seeking to accomplish, the scopes of the potential impact of their endeavors, and the qualifications that render them capable of pursuing those endeavors to the U.S.’s benefit. It can be challenging to disentangle one’s overarching plan from simply staying employed in the field. Our tried-and-true approach, however, is geared toward helping our clients understand how to fit their various jobs, roles, and experiences into a narrative that conveys a coherent, well-thought-out plan not linked to any single job, institution, or company. In this case, we guided the client in organizing documentation of their professional background and future intentions, ultimately showing how both their academic and industrial work supported their overall career goal and the U.S.’s need for sustainable growth both economically and agriculturally. We were able to prepare the client’s entire petition in just a couple of months – as the client attests below – and were gratified to find that USCIS granted an approval without requiring any further evidence.

“David has been very helpful in the process of getting my EB2-NIW submitted and approved. He has guided me throughout the process, from getting recommendation letters to legal briefs drafted as well as ensuring the forms were filled correctly. I felt confident in the process of preparing this case based on his experience. He was also very responsive making it possible to have the package ready in about 2 months.”

-B.V.F.

EB1A Approved for Marine Ecosystems Researcher- (May 2022 Edition)

Here at Ellis Porter, we are thrilled to announce the EB1A approval for our client, an expert researcher in marine ecosystems. As you may be familiar, the EB1A first preference category has a higher legal standard that needs to be met for approval compared to the EB-2 NIW. As a result, the onus is on the petitioner to provide very strong evidence, coupled with an exceptionally thorough legal brief. As a result, filing an EB1A petition, let alone deciding on an immigration team to help handle an EB1A petition can be a very stressful decision. Our client first came to us after receiving a number of word-of-mouth recommendations from friends and peers in their field. Much to our delight, our client was very pleased with his decision to work with us to build a strong EB1A petition.

The crux of the EB1A petition largely hinges on meeting the "original contributions of major significance" criterion; in our experience, most EB1A RFEs we encounter challenge this particular element of the EB1A legal standard. As seasoned immigration experts, we craft a tailored petition that places emphasis on how our clients meet this criterion in order to circumvent common RFE challenges. In the case of this client, we took special care to emphasize the client's media attention and leadership documentation that set him apart from his peers, in addition to highlighting notable publication evidence. As a result, we are very happy to announce that our client's EB1A petition was approved without an RFE. We understand that the decision to choose an attorney can be a stressful decision, and we will be right by you every step of the case preparation process.

"David was the lawyer of several colleagues and friends of mine working in academia, who recommended David to me without hesitation. For my EB-1A petition, David gave me clear guidelines at the beginning and was involved in every single step of the preparation process: evidence collection, statement writing, recommendation letter drafting, and form filling, among others. David always gives timely instructions, feedback, and responses to my questions and emails. My petition was approved less than two weeks after submission. I am so excited with the outcome, and extremely grateful to the efforts of David and his team on my case! Thank you!"

- R.Z.

Information Scientist Receives NIW Approval without an RFE- (May 2022 Edition)

This month, we are sharing the success story of an information scientist who used our traditional NIW service and received an approval without an RFE. This client had a unique research background in information science related to management solutions, and we were able to build a strong petition using their education, employment, publications, citations, and funding as evidence. This objective evidence was paired with recommendation letters we drafted on their behalf, which further illustrated the significance of the client’s research and accomplishments.

Thanks to our firm’s experience preparing both recommendation letters and robust legal briefs, we successfully showed USCIS that this information scientist’s research was not only directly beneficial to national interests, but also that they were extremely qualified and accomplished in their field. As a result, this client received an approval without an RFE being issued. They were so pleased with the approval of their NIW petition and experience working with us that they subsequently expressed interest in retaining Ellis Porter to prepare an EB1A petition with our High Skilled Immigration Team as well. This shows that our clients consistently trust us to handle their immigration needs.

“I am very satisfied with the service I received from Ellis Porter. I hired Ellis Porter to handle my NIW petition. These efforts culminated in a successful petition that was approved without an RFE. I would like to offer all of my thanks to Ellis Porter, especially Jonathan Goslow, for helping me reach this point of my career.”

-M.H.

NIW Approved for Plant Biologist- (April 2022 Edition)

At Ellis Porter, we feel our clients’ pain when it comes to interfacing with the huge and inefficient bureaucracy that is USCIS. It can often feel like you are being treated with total indifference, which is why, to counter that frustration, we aim to offer our clients a distinct personal touch during the case preparation process. We are here to answer all your questions as quickly and comprehensively as possible, and ultimately drill down on what makes each case strong and unique so that we can emphasize those aspects in the case materials we prepare. We feel that this approach really pays off, not just in terms of our clients’ satisfaction with our service, but also in terms of our sterling case approval record.

The NIW case we prepared for this client, a Ph.D. candidate in plant biology, is a good example. While one of his papers had a very high citation rate for a publication in his field, he was still in the early stages of his career, having only published a couple of papers. So rather than just rely on numbers, our team explored the client’s work in much greater depth and identified areas of emphasis that we knew, based on our extensive experience, USCIS would value during adjudication. For instance, we compiled media sources demonstrating that research on iron signaling in plants—the client’s primary focus area—is not only of scientific interest, but is also critically relevant to addressing major global issues like malnutrition and food insecurity. We also highlighted funding from international agencies, as well as curated a handful of “notable” citations, pinpointing instances in which other researchers had directly referenced and built upon the client’s previous work and discussing them in detail in the legal brief. This demonstrated that, despite the client’s relatively meager publication record, his work had already had a tangible impact on progress in his field. Throughout case preparation process, we listened and responded to all the client’s questions and concerns, ensuring that the final petition was one that both we and the client were fully confident in. That confidence turned out to be well founded, as the case was approved in only three months.

I am extremely happy that I chose Ellis Porter to help me with my EB2-NIW I-140 petition, and I intend to continue recommending their services to people in need of immigration assistance. My attorney and team were responsive to my questions and helped me gather the evidence I needed quickly and efficiently. Not only did they carefully construct a successful case on my behalf, but they were also very helpful from start to finish. I have no doubt that anyone in need of immigration help would benefit from working with the lawyers at Ellis Porter.

-A.B

NIW Approved for Mathematician- (April 2022 Edition)

The High Skilled Immigration Team at Ellis Porter is happy to announce that we were able to help this very highly qualified client successfully file an NIW petition. This client held degrees in mathematics from a respected international institution and is now a Ph.D. student at a top university in the United States. He also had an impressive background of publishing highly cited papers in top journals.

Of note is the fact that this client works in the field of mathematics, a field known for lower publication and citation rates and a field that is often difficult for non-experts to understand (especially in terms of the practical benefits mathematics research has to offer).

However, thanks to our team’s proven expertise and history with working with clients across a range of disciplines, we were able to demonstrate that our client’s achievements—particularly his citation count—are quite notable within the context of his field, and we were also able to persuasively articulate how his research, far from being only theoretical, is concretely beneficial to the United States.

David is very professional, knows his job very well and you can completely trust him with all the caveats of NIW application. He knows the laws and procedures related to NIW very well and in detail and he is very good at communicating and answering your questions. I have been very satisfied with his service and would highly recommend to anyone seeking a green card through NIW. It is worth mentioning that my case was a pure science case (mathematics PhD background), and it is well known there are challenges specific to people in the areas of pure science (low number of citations, papers, etc). David was in particular very experienced about the special situation for applicants of pure science fields, which is very valuable and rare.

-S.H.

Approved NIW for Medicinal Chemist- (April 2022 Edition)

This client retained Ellis Porter’s services for an expedited NIW petition as her overall credentials were strong. In addition to an impressive citation record, this client had published in prestigious journals and had authored a patent as well as journal articles. Moreover, her work has been recognized through the receipt of an award for pharmaceutical professionals. Beyond her academic achievements, her research has helped provide her peers and medical professionals with foundational information to treat patients that suffer from neurodegenerative diseases. On the whole, this client is a prominent member of her field with an established record of success, which the USCIS has recognized through their approval of her petition.

I am thankful to Andy for helping my petition filling. I came across Ellis Porter website when I started to get interested in NIW. I requested free consultation, and Andy was convinced of getting approval. It made me to trust him. He guided me well to file the petition. He also responded to my questions quickly. I felt comfortable during filling the petition. I ended up getting approval of I-140 without RFE two weeks ago. If my friend considered to file a petition for green card, I would strongly recommend Andy! Thanks again!

-H.Q.Q.

RFE-Free NIW Approval for Machine Learning Researcher- (March 2022 Edition)

We are excited to highlight the approval of an EB-2 NIW I-140 petition filed on behalf of a PhD student pursuing research at the intersection of computer science and mechanical and mining engineering. Aspiring NIW applicants often come to us worried about whether they can qualify for an EB-2 visa and NIW without a doctorate or senior position of employment. However, the great news is that we have obtained many approvals for doctoral candidates and early career professionals in a variety of fields and industries. We know the “ins” and “outs” of the system well enough to determine how best a student or trainee can qualify for an EB-2 visa without needing a sponsoring employer.

Eligibility for an EB-2 visa can be established by possessing the equivalent of a U.S. advanced degree, demonstrating five years of progressive work experience following the equivalent of a U.S. bachelor’s degree, or even demonstrating what USCIS has termed “exceptional ability”. Having guided many applicants through attaining NIW approvals in all these categories, we flexibly tailor our legal strategy to whatever credentials a client has when they start working with us rather than expecting them to squeeze into a “cookie-cutter” mold. We know that one size does not fit all, and we pride ourselves on putting our clients first – namely, by homing in on the EB-2 subcategory that best suits their experience, then helping them establish a clear plan for future work in the U.S. that USCIS can get behind.

The researcher introduced above came to us with an undergraduate degree in mining engineering and a master’s degree in mining and nuclear engineering, the same field in which they went on to obtain their U.S. PhD degree. They were interested in using artificial intelligence and data analytics to enable the development of intelligent, autonomous technologies that make mining, excavating, and other high-risk mechanical and resource extraction operations safer and healthier. Beyond earning their academic degrees, they had published several papers in journals and conference proceedings, and a few of those papers garnered citations at a rate that exceeded norms in the field. The researcher also collaborated with a manufacturer of rubber products for mining and industrial applications, participated in a federally funded project, and disseminated their findings and expertise across numerous professional venues.

We consolidated documentary evidence of these relevant accomplishments and obtained a few complementary letters of reference from other members of the field, providing USCIS with a detailed and systematic explanation of why this proposed research was meaningful and beneficial to the United States, and how the researcher’s prior achievements showed that they would be capable of pursuing their stated goal. In the end, USCIS readily agreed they not only qualified for an EB-2 visa, but a waiver of the labor certification and job offer requirement. We are just as thrilled with this outcome as we are excited for what our client gets to do next thanks to this approval!

As I was nearing my PhD graduation, I was looking for an attorney with sufficient experience to file for my NIW. A friend of mine recommended me Ellis Porter firm. I contacted Andy Ingebritson directly and he asked me to send him information about my education and career. In the meantime, I also contacted 2 other law firms. Then after the initial evaluation and communication with 3 different law firms, I decided to go with Andy from Ellis Porter. The part that impressed me the most was that he was willing to go through multiple rounds of communication without any cost to me even before I finalized him. They worked really hard in putting together a very strong case for my NIW application. The application was filed even before I graduated with my PhD. Whenever I needed any assistance or had any question/concern during this whole process, I would contact him directly and would get immediate response from him or his assistant. It was a pleasure working with him and the Ellis Porter firm. I got my NIW approved just 2 weeks ago without any RFE and I couldn’t be happier for choosing Ellis Porter law firm. Thank you for making my journey towards permanent residency (Green Card) so easy. I have already recommended them to all my friends who are planning to take this route of EB-2 NIW.

-D.L.

NIW Approved without an RFE- (March 2022 Edition)

While USCIS does consider quantitative metrics when evaluating NIW cases, here at Ellis Porter, we focus on curating a petition that also focuses on the qualitative attributes of clients’ cases. Qualitative accomplishments in your field can’t be measured, but this in no way makes these attributes of your petition less valuable. Indeed, here at Ellis Porter, we pride ourselves on preparing petitions that best represent our clients, and that can’t be done through a template or boilerplate language. In this month’s notable approval, our client chose to work with us using our expedite NIW service. While this approach drastically cuts down the case preparation time required by removing the need to obtain recommendation letters, we focused our tailored approach on emphasizing the qualitative attributes of his case in his legal brief, including a notable collaboration he worked on, an exceptional peer-review and editorial board record, and invited speakerships that further distinguished him from his peers. This is yet another example of how retaining a legal team adept in handling less commonly seen evidence is yet another important consideration when deciding who to work with. We are pleased to report that our client was able to get his NIW approved without an RFE.

My family and I received the exciting news that my NIW case was approved. I have already informed a number of my colleagues about Ellis Porter’s excellent service. Ellis Porter’s expedite NIW service helped me prepare my case in just a few short weeks. With many other things to focus on, including my research and family, Ellis Porter’s expedite service helped file my case quickly so I could continue to spend my time on my personal life. I am deeply appreciative of Ellis Porter for helping me get my case approved so quickly.

-S.A.

NIW Petition Approved with No RFE in Under 11 Months- (March 2022 Edition)

This month’s success story highlights the case of a talented computer engineer whose research focuses on designing novel technologies for piracy and malware protection. After drafting a strong set of recommendation letters that described the niche technical aspects of this client’s work in great detail, our team used these letters as a foundation for the final legal brief, which explained the importance of the client’s research to both his field and the U.S. more generally. The recommendation letters allowed our team to craft a narrative that offered a comprehensive look into the client’s past research experience and how his background prepared him to continue making notable advances in his field. Importantly, the legal brief described the client as a well-rounded leader in the computer science field, providing holistic descriptions of his federal research funding and unique citation statistics, going beyond surface-level discussions of his publications. At the end of the day, this client was extremely pleased with our team’s work, walking away with an approved NIW in less than a year since he first retained our services. We wish him the best of luck in his future endeavors!

I am truly grateful to Ellis Porter for all of their help with getting my NIW approved. Jonathan and Chelsea did a great job with my case. I was especially pleased with the drafted recommendation letters and the file organization they used throughout my case preparation. Indeed, I was also quite impressed to see how the focus of my research was understood to the point and nicely presented in the recommendation letters. All in all, I highly recommend Ellis Porter for their professionalism and experience.

-P.S.P.

Information Technologist Receives NIW Approval without an RFE- (March 2022 Edition)

In this success story, we are spotlighting a recent I-140 EB-2 NIW approval for a client working in the field of information technology. Our High-Skilled Immigration Team collaborated with this client to gather a variety of materials to support their petition and ultimately used standard types of evidence like publications, citations, funding, and peer review service as well as the U.S. and international patents to support the client’s case. Drawing upon this evidence, we created a thorough legal brief that covered the inherent importance and economic value of the client’s work in information technology. Each piece of evidence included with the petition was contextualized in the brief to clearly convey that the client engaged in critical research, was well-positioned for their continuing research career, and met the requirements of an EB-2 NIW.

Many clients aim to file their petitions as quickly as possible, and Ellis Porter excels in this area. For this case, we worked alongside the client to swiftly develop a robust evidence package to be submitted to USCIS, with their case preparation ultimately taking less than five months. After it was submitted to USCIS, this EB-2 NIW petition was adjudicated in just six months and was approved without an RFE. Thus, this client’s overall NIW process was completed in under a year. The timely preparation of petitions is one of the advantages of working with Ellis Porter. As exemplified by this case, our ability to expediently develop strong petition packages is a major benefit for our clients. In addition, this case epitomizes the merits of using Ellis Porter’s expedited NIW service, which facilitates efficient case preparation for individuals filing an NIW.

I am so thankful to John and his team for their effort, management, and guidance in filing my I-140 petition. They reviewed my case and handled my petition in a timely and professional way, and their work got my case approved in less than 6 months with no RFE! I doubt you could find such high quality service at another firm. Ellis Porter is the best in the business.

-Dr. S. A.

Biomedical Engineer Approved with No RFE- (February 2022 Edition)

Preparing and submitting an I-140 petition can be an intimidating prospect. The byzantine requirements and precedents that govern how USCIS adjudicates I-140 cases could lead to one to assume that the amount of time and effort needed to prepare a successful petition is too much for someone with a busy career, like many of our clients have. Fortunately, we at Ellis Porter have case preparation down to a science, enabling us to streamline the process and offer expedited NIW service to select clients. This can be very beneficial to clients like this one, who was able to go from retaining our services to filing his case in little more than a month.

You don’t need to find yourself in the upper echelons of your field to qualify for our expedited service. For instance, this client, a biomedical engineer with an interest in advanced neuroscience technologies, had a respectable yet relatively modest research record at the time of filing – seven publications and fewer than 100 citations. But despite having relatively little evidence of the impact of his research to work with beyond those publications and citations, we were able to quickly prepare a very strong petition, as evidenced by the fact that his case was approved without an RFE in only five months. As with many of our expedite clients, we asked relatively little from him while accomplishing this feat, with the bulk of the work he did consisting of preparing a concise six-question career summary and a two-page personal statement. We largely took care of the rest, including conducting independent research on the substantial merit and national importance of the client’s work, citation rates in his field, and the prestige of the institutions with which he had been affiliated. This case illustrates that while the I-140 process can be a daunting one, we take pride in making it as hassle-free for our clients as possible.

I am glad to share that my NIW application (I-140 petition) got accepted in only 5 months without any RFE. I believe this was possible with the help of David Allen, Ellis Porter PLC, whom I hired for my case preparation. After a free profile evaluation by Ellis Porter PLC, I was offered with an expedite service which does not entail any reference letter for the application. I worked with David for almost 40 days (retained on July 21, 2021; case mailed to USCIS on September 02, 2021), before the final application package was delivered to USCIS. To elaborate the timeline of case preparation, first, I was given to fill out 6 questionnaires comprising my career summary. I took a couple of weeks to prepare a 6-page career summary. The career summary helped not only me in writing up a 2-page personal statement, but also David in preparation of the final legal brief. Second, I filled out a few forms and collected necessary documents. Third, I prepared a 2-page personal statement. Once I submitted all these documents, David took less than a week to prepare an 85-page final legal brief. Alongside, taking help from my career summary, David did impressive research and collected quite some evidence/statistics from web to prepare the final legal brief. I was readily convinced with the legal brief at my first-read. David prepared such a high-quality legal brief so fast that I cannot but only speak highly about his expertise and professionalism in preparation of an NIW case. I would highly recommend David if you thought of hiring an attorney for your NIW application.

-S.I.

EB-1A Approved with No RFE- (February 2022 Edition)

Ellis Porter’s High-Skilled Immigration Team was happy to assist this excellently qualified client obtain an approval for her EB-1A petition. This client had three degrees related to her field, all from respected universities, as well as significant research experience in both academia and private industry. She has published several highly cited papers in top journals and has received substantial funding for her research work.

Broadly, her work is valuable to the development of new pharmaceutical therapies, ultimately benefitting patients throughout the United States. Thanks to the strong, detailed reference letters we prepared and a thorough, well-argued legal brief, we were able to leverage this client’s exceptional achievements and marshal them into a clear argument that this client meets all of the requirements for an EB-1A petition. Ultimately, this client’s petition was approved with premium processing and without an RFE.

David was my lawyer on my EB2-NIW and EB1A applications. He along with his team did a great job on both my applications. He paid great attention to detail and was very prompt at responding to any questions I had.

-A.S.

Approved NIW for Medicinal Chemist- (February 2022 Edition)

With two completed degrees in her field and a second PhD in progress, this client has spent a great number of years conducting research in medicinal chemistry. In the course of her career, she studied at some of the leading institutions around the world, and her publications received more than 70 citations. We were able to convince the USCIS of her numerous achievements in her area of expertise and show that there is considerable value to her work. In particular, her work betters public health and advances the treatment of neurodegenerative diseases, which in turn provides substantial economic benefits to the United States. Overall, we successfully demonstrated that she is a well-respected member of the scientific community with an established career who is well deserving of a National Interest Waiver.

I am thankful to Andy for helping my petition filling. I came across Ellis Porter website when I started to get interested in NIW. I requested free consultation, and Andy was convinced of getting approval. It made me to trust him. He guided me well to file the petition. He also responded to my questions quickly. I felt comfortable during filling the petition. I ended up getting approval of I-140 without RFE two weeks ago. If my friend considered to file a petition for green card, I would strongly recommend Andy! Thanks again!.

-J.K.

Approved NIW for Industry-Employed Electrical Engineer with No RFE- (February 2022 Edition)

This month, we are excited to recap the recent approval of a machine learning and image processing engineer whose I-140 petition was found to satisfy all the requirements for a waiver in the national interest. This petition was prepared and filed in just over four months—a period including the preparation and attainment of recommendation letters from experts in the field—and approved in under six months without any Request for Evidence (RFE) being issued.

The client had obtained a doctorate in electrical engineering in the United States. After demonstrating their eligibility for an NIW based on their possession of an advanced, post-baccalaureate degree, we proceeded to establish how they were well positioned to carry out an endeavor with fundamental merit and applicability to U.S. national interests. The client proposed to develop innovative algorithms for applications involving analyses of images. We understand that research using artificial intelligence, computer vision, neural networks, and other avant-garde approaches to bolster image processing technologies is versatile and has a multitude of practical applications that benefit many aspects of American society. Thus, we made it clear to USCIS how this client’s image processing work could translate into advancements for the domains of medicine, agriculture, domestic security, national defense, and numerous others. Additionally, this client proposed to carry out their endeavor, in part, through their work with a private sector company, where they would develop and test machine learning techniques for detecting and combatting identity fraud. Thanks to our efforts, USCIS had no trouble recognizing that this work would indeed benefit the U.S. to the point of outweighing the benefits of the labor certification process.

Many of our existing and prospective clients express concern about shifting gears from academia to industry when it comes to their employment and professional activities. However, we are increasingly finding that there exist many viable ways to establish industry-oriented work as advantageous to the U.S. at large. Furthermore, this client had published a small handful of academic papers that had garnered just a few dozen citations at the time we filed. Thus, our narrative of the client’s past accomplishments and explanation of how the client would build on those achievements going forward proved more important to USCIS’s deliberations than a prolific background or future intentions in academia or the public sector. It is gratifying to see USCIS officers appreciate the well-crafted accounts of our clients’ goals and capabilities that we pride ourselves on delivering for academic and industry petitioners alike.

I am glad to have retained the services of Ellis Porter. Aside from the quick response times, I was particularly impressed with the dedication behind their drafted recommendation letters. Given the difficulty level of my doctorate field of research, it was certainly not easy to achieve the technical details as accurately as they have. Everyone I corresponded with were quite thorough and prompt, and I have had my I140 approved quite smoothly. I highly recommend them.

-Dr. K. T. S.

NIW Approved for Clinical Researcher with No RFE- (January 2022 Edition)

Many of our clients come to us with concerns about their citation record. While citations can be a very helpful tool for an NIW petition, citations are far from the only metric the adjudicating officer should consider. For one of our clients with a clinical research background, we sought to emphasize the myriad ways she has set herself apart as a researcher capable of continuing her important work in the U.S. Part of our strategy involved emphasizing some of her qualitative evidence.

This included extrapolating the significance of a few of her citation examples to demonstrate how her research has impacted other experts in her field. Additionally, our client was able to provide good evidence of the ways that her field has recognized her accomplishments, including funding from notable organizations, completed peer reviews, and editorial board experience. For our case strategy, we ensured that we were able to prepare six strong recommendation letters that highlight the qualitative features of her case, with a particular emphasis on her professional achievements. Through our winning strategy, our client was able to get her case approved without an RFE.

I just got my I-140 approval and wanted to say thank you John and Caitlyn for all the professional support that provided to me and for your help in handling. I have already posted in different social groups that you handled my case professionally and helped me file my I-140 quickly. I’d definitely recommend Ellis Porter to anyone out there who isn’t sure which firm to use; the service they provided was a great value. They’re the best in the business!

-Dr. M. T.

Expert in Agricultural Economics Approved without an RFE- (January 2022 Edition)

Our success story this month highlights an agricultural economics researcher who filed for his EB2 NIW petition in under two months and was approved eight months later without an RFE. In drafting his legal brief and gathering supporting materials, our team focused in on this client’s most pertinent accolades to ensure an efficient turnaround with all documents and move quickly through the stages of case preparation.

While this client had strong objective credentials, with a citation record close to 200, and articles published in several top-ranking journals; we believe that clients’ expertise can’t always be quantified and can be demonstrated in myriad ways. Ultimately, we aim to frame each individual as a well-rounded professional in their field rather than a collection of statistics. This can include highlighting evidence of editorial work and professional leadership experience, as we did with this client, or discussing other career accomplishments such as patent approvals, the receipt of grant funding, or notable citations of the client’s work. As with all clients, our team worked with this researcher to craft a narrative of his contributions to the field of agricultural economics rather than using a generic cookie-cutter mold for his case. This client was very pleased with the efficiency and quality of his I-140 petition filing and has elected to continue working with Ellis Porter to file for his I-485.

Sean and his assistant Emily were both incredibly courteous and attentive to the details of my case. They did an exemplary job with handling and evaluating my materials and making sure each document served to make my case stronger. Every step of the way, they reviewed my information diligently, yet also communicated very efficiently. I truly feel that they went above and beyond to get my case approved by USCIS. Ellis Porter surpassed my expectations with the exceptional quality of their work. I can’t thank them enough for my petition’s success!

-J. N. N.

NIW Approval for Applied Mathematics Researcher- (January 2022 Edition)

This month’s success story features an applied mathematics researcher who relied upon us to effectively convey both the theoretical merit and practical utility of their work to the USCIS. We were able to translate abstract concepts related to this client’s work into an explanation of its tangible impacts for future research and a variety of industries, ranging from engineering to medicine. Moreover, this client had a low citation figure, with just over twenty citations at the time of filing. We successfully emphasized the significance of their citation record by discussing it in terms of their specific field, while also bolstering this quantitative evidence with a well-rounded collection of qualitative evidence. Indeed, one of the benefits of Ellis Porter’s services is our skill in tailoring petitions to clients’ specific needs; we use individualized combinations of qualitative and quantitative materials to develop robust evidence packages.

Furthermore, an individual’s immigration matters are of great significance, and clients should be able to easily contact and communicate with their attorney throughout the case preparation process. We supplied consistent, informed guidance to this client and collaborated with them to put together an excellent petition. This case resulted in an approved NIW with no RFE, which was well-deserved based on the client’s qualifications and the diligent case preparation that went into this NIW petition.

I was very happy to hear the good news that my NIW petition was approved! I would like to thank John and his team for all the great work they did for my case. They are highly professional and responsive, and I would not hesitate to recommend their service to anyone who is filing an NIW petition. In addition, I plan to keep working with them for the next stage of the process as well. Thanks Ellis Porter!

-Dr. A. T.

Chemical Engineer Approved with No RFE- (December 2021 Edition)

Our team is thrilled that so many of our clients ended 2021 with the news they had been hoping for: that their I-140 petitions were approved. Including this client, a chemical engineer with expertise in the development of decarbonization technologies intended to improve sustainability in several major industries. Thanks to our team’s efficient yet always thorough case preparation efforts, this client went from signing his retainer to submitting his case in only about eight weeks; the petition was ultimately approved without an RFE.

While this client had a robust citation record at the time of filing—nearly 300 citations—the attorneys at Ellis Porter are not content to rely solely on numbers when preparing a case. We aim to construct a compelling narrative and emphasize all of a given client’s most pertinent credentials.

For instance, in this case, we submitted statistics demonstrating that while the client’s citation total was impressive on its own, when placed within the context of the client’s highly specialized, relatively low-citation field, it was even more so, as several of his publications ranked in the very upper percentiles of most-cited papers in the field. We also submitted examples of notable citations of the client’s publications, illustrating a direct and pervasive impact on the field beyond just a quantitative perspective. Combined with evidence of other relevant accomplishments, such as a granted patent, government funding, and peer review service, these inclusions demonstrate how our diligent and knowledgeable approach to evidence curation and case preparation so often lead to successful petitions like this one.

It was a great pleasure and happiness to have my case approved! The dedication of Jonathan and the Ellis Porter team had contributed to this success. Thank you for the professional support and the follow-up. All information and task to be done were clear and coherent from the start. From documentation support to positive feedback on unclear areas, ease of payment methods and all that you need to prepare relevant details for NIW application. I am very satisfied with all the professional support. If you are seeking the USA Green Card through the NIW, the Ellis Porter team is the right firm to work with. Thanks to Jonathan and the Ellis Porter team for the well-done job and professional legal support. Cheers! Regards,

-I. M.

NIW Approved with No Advanced Degree- (December 2021 Edition)

Ellis Porter was very happy to help this client receive an approval for his National Interest Waiver petition. This client did not hold an advanced degree and instead sought to qualify as an individual of exceptional ability; while some attorneys might counsel someone in such a situation against filing an NIW until they have received at least a master’s degree, thanks to our extensive experience, we were able to help this client reach his goal with his current credentials. Our dedicated staff was able to show that this client more than met the qualifications for exceptional ability and that he met the other requirements for a successful NIW petition, specifically by highlighting his background and credentials, the recognition he’s received from professional organizations in his field, and his research achievements. This client’s successful petition is further proof that Ellis Porter’s commitment to clients’ individual circumstances and preparing a uniquely tailored approach for each and every client is the key to reaching your immigration goals.

I am so thrilled that my NIW exceptional ability petition was approved, and without an RFE! Although I did not yet have an advanced degree when I filed, my attorney, John Goslow, and his paralegal, Emily, determined exactly how to show my eligibility for a national interest-based EB-2 visa. Not only did they skillfully choose the proper criteria that demonstrated my expertise, but they also made it clear that my work is beneficial to U.S. on a broad scale. This approval opens exciting opportunities for me, and I can’t wait to keep working with Ellis Porter on obtaining my green card. Partnering with Ellis Porter and its High-Skilled Immigration team has already been incredibly rewarding, and I’m looking forward to what my future holds now more than ever.

-D.P.B.

Approved NIW for Petroleum Engineer- (December 2021 Edition) 

This client came to Ellis Porter after an unsuccessful NIW petition was filed with another law firm. Overall, we were able to demonstrate his strong credentials and considerable achievements, as well as emphasize the widespread impact of his work within the field of petroleum engineering. His work also has applications outside of his industry and academia, and had garnered interest from an oil and gas company looking to commercialize some of his research. Overall, this client is a prominent member of his field with an established record of success and was well deserving of a National Interest Waiver, which we successfully showed the USCIS. 

I engaged the services of David for the Immigration Petition for Alien Worker and am excited to say that the entire process exceeded my expectations. My first application with a different lawyer was denied, but after switching to Ellis Porter for the second application, David was able to achieve a positive outcome on my application. Admittedly, my case was not an easy one, but David was able to address the intricacies. Unlike many attorneys that have a limited number of case profiles that they handle, David is versatile and experienced with navigating a wide range of backgrounds. He can assess clients’ details and prepare a strategy to their Form I-140 applications or help get them a strong response to the RFE and ultimately obtain an approval. I have already recommended David to my peers and will continue to do so.

-P.O

EB-1A Approval for Bioinformatician with No RFE- (December 2021 Edition)

As 2021 draws to a close, we are excited to spotlight a recent EB-1A approval for a bioinformatician with just over 400 citations; not the thousands one might think are required for scientists applying in this category. Opportunities to represent clients whose achievements can be demonstrated both “quantitively” (e.g., via citations to their scholarly papers) and “qualitatively” (e.g., via references from fellow experts) are always welcomed by our team. In just over a week, an officer in the premium processing unit at the Texas Service Center found that this bioinformatics researcher satisfied the three qualifying criteria we claimed and merited entry into the United States to continue conducting cutting-edge research at the intersection of biology and computer science.

After the client provided us with a summary of their career achievements and objectives, we determined which of the 10 extraordinary ability criteria set forth by USCIS best aligned with their accomplishments. Choosing the right criteria is a pivotal step and a process at which Ellis Porter’s High-Skilled Immigration team truly excels. We were able to make the client’s case based on their publication of more than one dozen scholarly papers, receipt of citations and federal funding as a visiting fellow, and service as a peer reviewer and journal editor, as well as the testimonies of six experts (including a coauthor, former supervisors, a scholar who utilized the client’s work in their own research, and other knowledgeable members of the field outside the client’s immediate circle). We crafted a clear, detailed account of the client’s impact and reinforced key points with our own external research. For instance, we obtained and described objective evidence demonstrating that several of the client’s papers were cited far more frequently than other papers published in the same field and timeframe.

Between the client’s professional output and the testimonies and supporting evidence we marshalled, USCIS was convinced that our client—a researcher specialized in the use of computational methods to derive meaning from vast amounts of biological data—is an extraordinary researcher. Here, our ability to identify our clients’ strengths and convey those strengths to USCIS proved a winning combination. We look forward to championing many other similar cases in 2022!

I am writing this review to extent my gratitude to Mr. Andrew (Andy) and his dedicated team for their efforts, unwavering support, and kindness throughout the entire process of obtaining my I140 under EB1A category. Mr. Andy was always attentive and responsive, and took great care to ensure that my questions were answered promptly. His work ethic, extensive knowledge and experience in this field, and his effective guidance made it possible for a smooth and speedy process. I highly recommend Mr. Andy to anyone who is seeking an immigration lawyer.

-R.K

Mathematician Approved for an NIW with No RFE- (November 2021 Edition)

Our client was a mathematician focusing on advancing fundamental mathematical principles. A challenge of this case was demonstrating to the adjudicating officer how the client’s work, an advanced area of mathematics, applies to the NIW framework. By demonstrating the broad applicability of the client’s work on dynamical systems to myriad fields and areas of US interest, we were able to effectively demonstrate to the officer how the client met the first prong of the NIW framework.

To corroborate these points, we drafted six expert letters confirming the relevance of the client’s work to US interests, as well as demonstrating how the client is well-suited to continue to carry out his proposed work in the near future. Indeed, through a thorough review of the client’s materials, we submitted documentation showing how his experience and multifaceted skillset is directly tied to the work that he proposes to do. Though our client had five citations at the time his case was filed, we were able to show that, though citations are useful evidence, additional documentation supporting the relevance of his work to the field was included to bolster the facts presented in the petition. In light of our assessment and thoroughly drafted materials, USCIS ultimately agreed with our arguments and granted this case an approval without an RFE.

I am very happy that my case is approved! It was a pleasure having John as my lawyer. He provided a strong petition on behalf of me, I really appreciate it! I highly recommend Ellis Porter for the NIW petition because they look at your credentials and create a petition that’s perfectly suited for your case. You will have a great experience working with them.

-Dr. S.M

EB1A for Molecular Biologist Quickly Approved Following NOID- (November 2021 Edition)

This month’s success story highlighted our team’s commitment to see cases through to the end. This molecular biologist EB1A candidate was a clear asset to his field and to the United States with his research focusing on immunology and RNA biology. Thanks to our team’s responsiveness and quick turnaround on drafted materials, he was able to submit his petition in about a month and a half.

Despite his clear-cut expertise and accomplishment in his field, USCIS initially issued a Notice of Intent to Deny (NOID), which was understandably disappointing and frustrating for both our client and our team. However, despite this minor setback, our team was committed to refuting the NOID on the strongest terms and confident that we could ultimately win an approval. After carefully reviewing the NOID and the guidelines for Final Merits Determinations in the USCIS’s own policy manual, which clearly contradicted the language of the NOID, we succeeded in getting this client’s EB1A approved. This just goes to show that once we have committed to a case, we are all in until the very end.

I am very grateful to Andy and his team at Ellis Porter for their efforts in getting my EB1A I-140 approved. Andy and Emily worked hard and fast to prepare the legal brief and highlight all the categories through which I was eligible for the EB1A. The overall process only took around 45 days, and Andy and Emily were always available to answer any questions rapidly. Initially, we were disappointed to receive an NOID from USCIS despite the strong case. However, Andy and his team were undeterred and respectfully refuted the NOID, pointing out why the USCIS officer had misapplied their own guidelines. This quickly resulted in an approval notice. Overall, I was very pleased with my experience with Ellis Porter and would recommend them to anyone applying for an EB1A.

-N.G

NIW Approval for Construction Management Engineer- (November 2021 Edition)

For this approval, our client held a PhD in Engineering Science and focused his work on researching ways to make a variety of structures more resilient. This type of work is very valuable, as it allows for governments at both a local and national level to make more informed decisions to mitigate risks and costs caused by both manmade and natural disasters.

At the time we filed his petition, our client only had 15 citations. Nevertheless, we knew he was well-qualified for the NIW petition, so we worked with him to highlight his strengths. For example, those citations were to his publications that appeared in well-ranked journals in his field, a fact we made sure to note. In addition, one of paper was highly cited relative to other works published in his field for its year of publication. Pointing out these kinds of statistics for USCIS helps provide them with a quantitative way to gauge the impact of a petitioner’s work.

But such quantitative statistics are not the only way to measure value, so we also made sure to describe a number of qualitative measures of the value of our client’s work to his field. Specifically, we described his research works and the ways in which the authors who have cited his work have used it, and we also discussed funding his works had received from federal organizations. Moreover, while our client had a strong educational background in his field, he also had experience working in a variety of industry positions – experience we were able to play up to show USCIS how well-rounded and versatile our client’s skillset is. Finally, we rounded out this discussion and evidence by supplementing it with strong recommendation letters drafted specifically to highlight the client’s strengths and the ways in which he is qualified for the NIW petition. Altogether, USCIS agreed with our assessment of the client’s qualifications, as his case received an approval from the Nebraska Service Center.

I am very thankful to Mr. Allen for helping me through my NIW green card application. Last weekend, I received my green card in the mail, and I am so happy with the service that he and his wonderful team provided me. They were very fast in their services and prompt in answering my questions.

-A.B.

NIW Approved for Biophysicist with No RFE- (November 2021 Edition)

In this case, the client was an academic researcher in the field of biophysics. In the materials we prepared, we emphasized the strength of her experience and credentials, as well as the importance and benefits of her work focusing on epigenetics.

When crafting the strategy for this case, we chose to highlight not only research publications and citations, but also additional documentation showing the interest of others in her work and the recognition of her work's importance. We also submitted letters from experts who were able to explain in detail their views on how her work was important. This case was approved without being issued an RFE, demonstrating that the submitted materials satisfied the requirements for an NIW.

I had the pleasure to work with John through the Ellis Porter immigration firm for my NIW application to eventually apply for a US Green card and I was approved recently! John and his team worked restlessly on my case, not in a one-fits-all, template-based approach, but planned specifically for my case and went above and beyond his way to make sure I got the perfect case! He always answered all my questions patiently in detail and helped me understand every step he was taking. He actually was the one pushing me sometimes to make the perfect case. That said, his work left me with little to deal with, as he took care of most of the process. He was very professional and went through all the documents with me (recommendation letters, my statement of purpose, my career summary, etc.), and honestly I myself was impressed by the picture he painted of me for my NIW case! I strongly recommend him to anyone who is seeking to apply for the US Green Card through NIW. I am eternally grateful for having him through this process, which thanks to him and his team felt like a walk in the park for me! So, thank you John for all your amazing work and I hope you know what a difference you made in my life!

-S.G.K.

NIW and EB-1A Approved with No RFE- (October 2021 Edition)

In some scenarios, individuals may be interested in applying for two types of employment-based visas, as was the case for a pharmacometrics researcher from China who felt it was in his best interest to file an EB-1A after submitting an NIW petition. As many of our clients know, changes in the visa bulletin and immigration policies more broadly can affect the speed in which clients from various countries are able to receive green cards. This client originally chose to file an NIW petition, which we prepared over the course of four months and promptly filed. However, just three days after submitting his NIW petition, this client inquired about filing for an EB-1A as well. Taking into account the current visa bulletin for China and processing times for both NIWs and EB-1As, we were able to advise this client on the best time for him to begin preparing and filing an EB-1A petition.

Due to the strong NIW case that we initially prepared, this client’s NIW was approved a year after filing, with no Request for Evidence (RFE) issued. Given the success of his first case with Ellis Porter and a shift in the visa bulletin for China, the client later chose to retain our services to file his EB-1A as well. Once again, we were able to promptly put together a compelling case together for this client, submitting his EB-1A petition just three months after he chose to move forward with the EB-1A. This was in part due to our ability to swiftly translate the evidence previously submitted with his NIW to his EB-1A case and to gather new materials and several expert recommendation letters, ultimately combining this evidence into a cohesive, strong EB-1A petition. Like his NIW, this client’s EB-1A was approved by USCIS without an RFE. Our history of accomplishment in both NIW and EB-1A approvals is illustrated through this client’s experience at Ellis Porter, exemplifying how having an attorney with strong expertise in employment-based cases and current knowledge on immigration conditions is of benefit to clients and their shifting immigration needs.

I want to express my heartfelt gratitude to Ellis Porter for helping me get my NIW and EB1A petitions approved. I was shocked to see that my EB1A was approved without an RFE just a day after requesting premium processing. Jonathan's drafted materials were detailed, well-written, and prompt. I am thrilled to have worked with Jonathan, and I cannot recommend them highly enough. Thank you again!

-Y.B.

Expedite NIW Approved with No Advanced Degree- (September 2021 Edition)

Many of our clients are interested in filing their NIW’s as quickly as possible given the USCIS lengthy processing times and, often, their need to establish an early priority date. Therefore, we offer our expedite service for NIW clients, which allows for quicker filing by forgoing recommendation letters. But even clients with hundreds of citations and other strong credentials sometimes worry that choosing this option puts them at a disadvantage in terms of their chances of approval. However, with our years of insight into what makes a given I-140 case viable, we are very experienced in crafting petitions that fulfill exactly what USCIS is looking for, even for clients with less than overwhelming credentials.

This client was a molecular biologist focused on research pertaining to the development of antimicrobial drugs. Even with a relatively modest 58 citations and no Ph.D. at the time of filing, we offered him our expedite services and were able to build a strong case without any recommendation letters. We submitted notable citation examples showing that, while the client may not yet have accrued hundreds of citations, his work still had exacted a tangible and demonstrable influence on numerous other researchers in his field. We also submitted evidence of his peer review work and professional memberships, demonstrating his standing as an established expert in his field.

Also key to our case strategy was our evidence-based discussion of why the development of new strategies for combatting microbial diseases is key to solving ongoing, large-scale public health issues in the United States. The case was ultimately approved without an RFE, illustrating our ability to pinpoint and highlight the most relevant pieces of evidence for any given case we take on.

My wife and I are very grateful, delighted, and humbled by your hard work on drafting the I-140 petition that has been approved. I had a very positive experience working with you on my petition, as you were very responsive and professional. I am happy to recommend you to my friends and colleagues who are also looking to obtain permanent residency in the U.S. Thanks again to you and your entire team at Ellis Porter LLP.

-Mr. D.P.

I-140 Approved with No RFE- (August 2021 Edition)

Despite having filed hundreds upon hundreds of our “expedite I-140s” in 2020 alone, we still sometimes hear potential clients worry over a case filing strategy that is premised on not submitting a single recommendation letter with their I-140 filing. We understand the hesitation, naturally, but to be sure, we never recommend such an approach to a given client unless we are fully confident that it won’t hurt their chances by even a single percentage.

This success story is one of our “expedite I-140s” that was filed without any recommendation letters, received no RFE, and was approved without issue. The key to recommending such an approach is to have the knowledge regarding which cases can do without letters and those that would benefit from including them both in terms of a) improving overall success rates and b) reducing RFE chances. Luckily, we not only have experience with thousands of petitions but collect as much hard data to help us run statistical analysis to clarify those profiles that would and would not likely benefit from letters in their petition. For those that don’t, they can save literally a thousand dollars on their petition application in attorney fees and file their cases in a matter of weeks, not months. Both aspects being a time and money saver to clients which of course is always our objective.

I am really happy that my I-140 EB2 NIW was accepted and I would like to thank John and his team for their work in making this happening and for their excellent job. His team’s guidance, timeliness, and support were key in the success of my case, which received no RFE. It was a GREAT experience!! The whole experience went smoothly and I am glad to recommend their service to anyone considering applying for the NIW petition.

-Dr. R.O.

EB-1A Petition Approved for Neurobiology Researcher- (July 2021 Edition)

One of the most common myths about the EB-1A petition is that a petitioner must have a very high citation count. Indeed, one can find lawyers and internet commentators opine that a person must have thousands of citations to even think about filing an EB-1A petition. Unfortunately, this sort of misconception often leads people who might have a solid chance at an EB-1A approval hold off on filing an EB-1A petition.

There are numerous ways that a person with a more modest citation count can still qualify for an EB-1A. We were fortunate enough to work with a researcher in the field of neurobiology to do just that. The attorneys at Ellis Porter have a wealth of experience in dealing with EB-1A petitioners who do not have thousands of citations. We were able to devise a uniquely tailored strategy that didn’t solely rely on the petitioner’s citation count. Rather, we were able to leverage her wealth of other achievements and credentials, including her critical roles at leading organizations, her impressive publication record, and her extensive peer review experience. Thanks to this strategy—and to the expertise of Ellis Porter’s attorneys—we were able to secure an EB-1A approval for this client.

I greatly appreciate the professional team at Ellis Porter, and especially John, who went above and beyond for my EB1A petition. My EB1A case was filed with premium processing and received an RFE, but John knew the best way to respond to ensure my case was quickly approved after we responded to the RFE. At every step along the way, he was available to answer my questions, explain his reasoning, and offer his top quality advice. I am very thankful for all of the efforts Ellis Porter has made for my case, and I strongly recommend their services to anyone looking to file the EB1A petition with experienced and knowledgeable attorneys who know how to get the job done.

-Dr. R.G.

Biochemist Approved for NIW Without an RFE- (June 2021 Edition):

One of the main objectives we hear from most clients is the desire to file their case as quickly as possible. Traditionally, one of the biggest factors in slowing a case down from date of initiation to submitting it is simply getting recommendation letters back from their authors; something often out of the control of both us as a law firm and the client. This is indeed one of the major benefits of our expedited I-140 NIW approach; not submitting a single recommendation letter with the case. By focusing on the objective evidence and building a case from the bottom-up instead of forcing it into a cookie-cutter template, we can build cases that are premised on submitting zero recommendation letters and have a 99% approval rate (and lower RFE rate).

This success story is one such case wherein we built a case entirely around the objective evidence of a post-doc in biochemistry, submitted zero letters, and got the case approved without an RFE. Given the individual’s strong research background, there simply wasn’t a need to submit letters. This was backed up based on our internal data originally showing that the individual wasn’t helping their case by spending the time (or money) to do them. Having only spent a matter of weeks filing their case, they achieved the same exact result as someone else doing letters for less money and stress in the process.

I would like to give Ellis Porter’s High-Skilled Immigration team a 5 star review. They got my NIW case approved with no RFE. Throughout the process of working with them, they were very professional and paid great attention to detail about the particulars of my case and credentials. At every stage, they let me know what materials to provide and the best way I should provide them. I highly recommend their services!

-A.R.E.

NIW Approval Without an RFE- (May 2021 Edition):

We often hear something akin to the idea that “it is safer to apply for the NIW if they are a researcher in academia”. Regrettably, this couldn’t be further from the truth. At any given time roughly 30-33% of our clients are working directly in the industry and it is noteworthy that their success rate is nearly identical to someone in academia. The idea that academia is safer than the industry is based on half-truths and misinformation as it can often be the reverse depending on some circumstances. What matters is what someone is doing in either environment and how that relates to the national interest.

In this success story, we examine a client working directly in the industry developing non-addictive painkillers for a pharmaceutical company that was approved for an NIW without an RFE. As many clients do when they come to us originally, they were fearful of the idea that their job in the industry could hurt their case’s potential. However, so long as one is doing something that is in the national interest such as research and development, even if for a private employer, this works just as well as someone in academia publishing papers. Building this case around the individual’s academic and professional experience, we constructed an NIW centered around the individual’s impressive academic and professional career attributes. In short, industry work doesn’t have to be a flaw in a case, it can actually be a strong asset.

I am very grateful for your huge contribution to the success of my case. Your step-by-step professional guidance played an essential role in its approval. You gave me good advice about how to proceed and with the strategy for my petition. Thank you so much for working with me and helping me get it approved.

-Dr. A. D.

NIW Approved for Developmental Neurobiology Researcher- (April 2021 Edition)

This client had a strong case, with nearly 600 citations at the time of filing and publications included in several of the most prestigious journals in her field. Moreover, her works have been highly cited, some of them in the top 1% for their year of publication. This client also had educational and employment experience at some of the world’s leading institutions. While not required for an NIW, this client also had peer review experience and was on the editorial board of a few journals. Her own work had received funding from governmental institutions, further proving that she earned her reputation as a leading figure in her area of study. Overall, her case was solid, had notable real-world implications, and we were able to successfully demonstrate that her achievements more than earned the approval her case received.

Filing the EB2-NIW petition with John at Ellis Porter was a bliss. I really appreciate your hard and fast work. Timeline was one of my most important factors and you definitely outpaced any other law firm I consulted with. As you know, I have already referred several clients to you and continue to do so in my personal network and the international scholar community at large, by emphasizing your excellent, client-oriented, friendly and professional work. I was so impressed by how quickly you completed my EB2-NIW (and the interim O1A) petition for filing, all while maintaining great attention to detail. Thank you, John and the team!

-H.B.

NIW Approved for Entrepeneur with No RFE- (March 2021 Edition)

Here at Ellis Porter, we embrace opportunities to collaborate with individuals seeking National Interest Waivers as business professionals. We recognize that the Dhanasar precedent decision provides a flexible framework in which many entrepreneurs and their unique business ventures can be shown to benefit the United States to an extent surpassing the benefits the U.S. labor certification process. The approval highlighted here shows us that those whose enterprises fall outside academia, or the public sector should not be dissuaded from pursuing NIWs, not in the slightest.

One of our approved entrepreneurs specializes in agile project management, helping companies of all sizes – from startups to established businesses – implement changes in management and organization to increase business value, revenue, productivity, employee morale, and customer engagement. In a nutshell, their enterprise centers on making companies more adaptable and scalable. We demonstrated this client’s ability to benefit the U.S. through their organizational agile transformation consultation business through their combination of academic training (including a master's degree conferred just before we filed) and industry experience as a consultant and project manager. Showing that this client’s work stood to bolster the U.S. economy by strengthening its businesses, and that the client possessed relevant skills, knowledge, and successes on which to build in the future, we handily demonstrated to USCIS that they warranted a NIW.

Thinking creatively and determining how our clients’ objectives and qualifications cohere with the NIW requirements is one of our passions, and we are always thrilled to see that passion translate into the results our clients are looking for.

Jonathan provided unparalleled service and exemplary advice for my NIW petition. As a professional in project management consulting, my credentials, albeit strong, are somewhat unusual compared to most research-based NIW petitions. Jonathan provided me with expert guidance and reassurance throughout the case preparation process, which ultimately led to my NIW being approved without an RFE. I cannot overstate how appreciative I am of his guidance throughout this process. I could not have received these results without his keen insight.

-L.L.

Biomechanic Researcher Approved for Expedite NIW- (February 2021 Edition)

Many of our clients are established professionals in their fields with little time to dedicate to the labor-intensive case preparation required by many other firms for their NIW petitions. In cases like these, where our clients already have exceptional credentials, we recommend our pioneering expedite approach. The first of its kind, our expedite NIW service ramps up the speed of the case preparation process, giving our clients more time to focus on their critical research and professional scholastic careers. We designed this service intentionally to allow our clients to dedicate more time to their important workflows, while we handle the preparation of the backbone of their case preparation.  

Our client, a researcher in biomechanics performing important work at the federal and university levels, contacted us inquiring about our expedite service. With an already outstanding citation record, we were able to marshal other key components and hallmarks of her laudable career and fine-tune this evidence into a succinct yet powerful and persuasive brief. By tailoring our approach to the accomplishments of our clients, our expedite service provides the perfect balance of quality and attention to detail, all within a rapid timeline that best suits the fast-paced lifestyles of our clients in research disciplines. 

I was excited to see that by EB2NIW case was approved! I was very happy with his (Jon's) case management, especially, since I went by his instinct and decided to go with expedited service (no in-depth review of my work or recommendation letters). Yes, that is right, I did not reach out to people whom I did not know to write letters for me. You guys are awesome! Thanks for all your help and support with my application.

-H.M.

Electrical and Computer Science Engineer Has I-140 NIW Approved with No RFE- (January 2021 Edition)

We understand that the immigration process can seem daunting and overwhelming to many. That is why we personalize the case preparation process for each individual client, ensuring that they have the best chances of approval without wasting time or money on steps that are unlikely to affect the outcome of their case. Our expedite NIW process allows clients to file in only a few weeks without sacrificing the quality of their submitted materials. With our excellent approval record for expedite NIWs, clients to whom we recommend this option can rest assured that they are in a great position to advance to the I-485 stage as quickly as possible. 

This success story spotlights the expedite NIW approval for our client who is an expert in electrical and computer engineering. We were confident that her credentials and experience stood for themselves, so we drew together various highlights of her career to construct the strongest possible argument, demonstrating the national importance of her work. In addition to outlining her record of accomplishment in her field, we detailed her future plans to explain specifically how and why the U.S. would benefit from her continued research here. Without spending time collecting supplementary recommendation letters, we submitted this documentary evidence on its own and were thrilled when her case was approved on the first try with no RFE! 

With the NIW expedite option, I was able to get my case filed in a matter of weeks. Thank you to Ellis Porter for helping me file my case quickly. I was so impressed with their service that I retained them again to help me with the I-485 process. Thank you! 

-H.B. 

EB-1A Approval for an Asset Manager Employed by an Agriculture Equipment Business- (December 2020 Edition)

Achieving EB-1A approval is often more difficult for individuals who are not traditional researchers, but strong, individualized case preparation mitigates this challenge. In this case, our client was working in the field of asset management and was employed by an agriculture business. His background included two business degrees, skill in software development, and a history of employment at a variety of businesses. As such, we were unable to base the client’s case on the typical publication and citation evidence used for research clients. Instead, we curated a unique case strategy based on his membership in relevant professional organizations, experience judging the work of others in his field, authorship of articles published by organizations in the software development space, essential employment at a major agricultural company, and high salary. The documentary evidence supporting his case was bolstered by a number of recommendation letters from experts familiar with his work. Altogether, we were able to compile a robust collection of evidence to prove that this client met the EB-1A requirements, even with a non-traditional, unique business background.

Our firm has repeatedly seen remarkable success with uncommon cases, and we recognize the value and rare qualifications of professionals who may not fit the traditional criterion of employment-based visas. For this client, we confidently accepted the singular circumstances surrounding his EB-1A petition and were able to achieve a successful result. When the USCIS review of this client’s petition was significantly delayed, we were able to advise our client through the process of issuing service requests about his case. Likewise, when the client was subsequently issued a Request for Evidence (RFE), we composed a solid RFE response, eventually leading to the approval of his case.

I am so glad that I contacted Ellis Porter for assistance with my EB1A petition. With special thanks to Jonathan, I was able to get my EB1A approved despite not having a traditional researcher profile with publications and citations. I highly recommend Ellis Porter to anyone who is seriously interested in pursuing an EB1A petition where creative thought and unique categories needed to be argued to USCIS.

-P.K

I-140 NIW Approval for Mathematician- (November 2020)

For this case, our client was a mathematician studying problems in the areas of corporate and banking finance. While much of the specifics of his research were abstract, given his mathematics focus, we worked with the client to understand the applications of his research in areas impacting the U.S. economy. Considering the numerous problems, the American economy has lately experienced due to issues in corporate finance and banking, we had no problem showing the importance of our client’s work to the United States as a whole. At the time of filing, he had several publications in leading journals in his field and around 30 citations to his publications. This type of evidence is great for showing the USCIS that one’s work has impacted the field, and was especially impressive considering that mathematics is generally a low-citation field.

Our many years of experience working with researchers has allowed us to become familiar with these different nuances of academia, and we thus knew it would be helpful for his case to discuss this point and to provide supporting evidence confirming the low-citation nature of papers published within the field of mathematics – thus making our client’s citation count stand out as even more impressive than it otherwise would have. In addition to submitting this evidence, we also submitted strong recommendation letters from other experts in the client’s field confirming the value of his research and his expertise in his chosen area of study.

Working together with the client, we were able to craft a detailed legal brief explaining point-by-point to the USCIS why our client was qualified to receive the National Interest Waiver. All told, the USCIS ultimately agreed with our assessment of the client’s work and its value, as his case was approved in under six months at the Nebraska Service Center with no RFE.

John was an attorney for my EB2-NIW petition. He demonstrated an impressive attention to details and an excellent ability in understanding my area of expertise in a relatively short range of time. Communications were professional, fast and efficient. My case was approved without any difficulty. I highly recommend John as an immigration attorney.

-T. V

NIW Approval for a Process Optimization Expert Working in Petroleum Engineering- (October 2020 Edition):

While the NIW petition can often be a good fit for students and recent graduates, this petition type is not solely limited to those working in academia. Here, our client had obtained a master’s degree nearly two decades ago, and afterwards his career led him into industry, and as such he did not publish papers or present at conferences as many NIW petitioners do. Instead, he obtained experience in his field by working for leading petroleum companies at a number of locations around the globe. Over the years, he developed many new methods to better optimize the performance of technologies used in his industry. Since we could not submit any publication or citation evidence of the impact of his work because it was in industry, we thought outside the box and submitted a variety of other evidence instead, including a number of recommendation letters from other experts in his field, his internal company reports and presentations, and descriptions of his specific plans for continuing his work in the United States.

While some immigration attorneys may hesitate to take on a non-traditional case like this one, after reviewing his profile and full career history, we could see there was certainly a case to be made that he qualified for an NIW petition, as his work provided clear value to an industry important to the United States and since he had an impressive amount of experience and impact in his chosen field. The USCIS concurred with our assessment, as his NIW case was approved at the Texas Service Center in just over six months.

I was very happy to hear that my NIW petition was approved. When I first reached out to Ellis Porter, I was optimistic that I could get an NIW approval. John laid out the pros and cons for me in applying, and after some discussion we decided to move forward with the NIW petition. I was quite impressed with the brief he drafted, and in his guidance throughout the process. He provided thoughtful insights and explanations at every point. I am glad I reached out to Ellis Porter, and I’d happily recommend them to anyone considering the NIW petition.

-Mr. L.J.

NIW Approval for a Public Health Researcher- (September 2020 Edition):

For this case, our client was an epidemiological public health researcher from China. While she had studied at well-regarded universities, including one in the United States, she was still pursuing her PhD degree. In addition, she had several publications in field journals that had received 10 citations at the time of the initial filing. Altogether, it was our opinion that this researcher had a good NIW case that should be approved. Nevertheless, the case did initially receive an RFE challenging if our client was in fact well-positioned to continue to advance her endeavor in the field. This is actually not an uncommon RFE for a PhD candidate to receive, but we knew she was in a good position to continue making advances, which is what we set about to show in her RFE response.

Specifically, to address the RFE, we first provided updated information to the USCIS about our client’s more recent accomplishes. This evidence clearly showed that not only was she likely to continue to be successful in her field, but that she demonstrably had been successful since we initially filed her case. In addition, we also submitted supplementary letters from other experts in her field who were able to confirm both the impact of her work to date and who confirmed the importance of her ongoing studies in the field, and we further explained exactly how she intended to continue her work. While it may sometimes seem like the USCIS is asking for unclear evidence or for evidence that has already been submitted, there’s no need to fear responding to an RFE if you have a knowledgeable attorney on your side.

I wasn’t sure what to expect when I first contacted Ellis Porter for help filing my NIW petition, but John explained the process clearly and made sure to thoroughly answer all my questions at every point in the process. After receiving the RFE, I was worried my case might be denied, but John laid out a clear plan for how we would proceed and what additional evidence I should collect. It turns out I didn’t need to worry, because my case was approved not long after we submitted the RFE response. Thank you so much for your hard work John and the rest of the Ellis Porter team!

-Ms. F.T.

NIW Approved for a Civil and Environmental Engineer- (August 2020 Edition):

We received an NIW approval in just over six months for this environmental and civil engineer who held a master’s degree but no doctorate. While she had a respectable publication record, we knew she had even stronger evidence after she explained more about her work and the ways in which it had been supported, implemented, and disseminated by other players in her field.

For example, studies in which she had taken part received millions of dollars in funding at a number of levels, from the U.S. federal government, to state governments, to investments by private companies. In our experience, the fact that our client’s work received so many broad sources of funding is demonstrable evidence that many people and organizations find value in the research she is performing, and that they have reason to believe in the likely success of her work.

But even more compelling as evidence of her work’s value, her research has been eagerly and consistently implemented by these same institutions. The U.S. military is making use of maps she helped create, and several private companies have implemented her methods directly into their operations, including a start-up company that was founded expressly to commercialize a product she developed. As we also included evidence that this client intends to continue working on similar projects going forward, altogether we made it clear to the USCIS just how important it is for the United States to retain her talents.

While it’s important to consider the usual types of evidence USCIS considers persuasive, such as evidence of publication and citations, a truly strong case often also includes other types of evidence that show exactly how one’s work is impacting the field and how allowing the person to continue working in the country is key.

I was thrilled to hear that my NIW was approved. I’m very grateful to John, who has provided me with excellent advice at every point in this process. Whenever I had a question about anything immigration-related, he always got back to me quickly and provided detailed and thoughtful responses. When we were working to develop the best strategy for my NIW, he got me thinking about all the ways my work has been used, and I believe we were able to generate a lot of really useful arguments for my petition by working together in this way. Thank you so much to John and Ellis Porter’s HSI team!

-Ms. A.H.

NIW Approved for an Environmental Engineer- (July 2020 Edition):

For this case, our client was an environmental engineer working to improve our understanding of the impacts of air pollution on public health. Increasing awareness of this area is key to helping researchers and policymakers make the best decisions possible to limit these negative impacts. The USCIS agreed that this work is clearly of importance to the nation. Our next step was to show that our client was well-positioned to continue to make progress in this area, and we showed this by providing information about her prestigious background in the field and discussing her publication and citation records, as well as by describing her specific research endeavors in more depth. In addition, we also discussed the client’s peer review service and submitted recommendation letters from experts in her field providing a subjective opinion of the value of her research. Altogether, the USCIS found the evidence convincing and decided this client was deserving of receiving a national interest waiver.

I am very happy my NIW case was approved! It was great working with John and EllisPorter’s high-skilled immigration team. At every point in the process, I knew they were giving my case exceptional attention to detail, not leaving anything important out. I’m happy to recommend them to anyone looking to receive a personalized service for your NIW petition.

-Dr. X.H.

NIW Approved for a Computer Scientist- (June 2020 Edition):

When this client first approached us and explained his work and background, we knew we could help him craft a strong NIW petition. For more than a decade, he had studied numerous topics in his field and developed novel methods and models to address longstanding problems. While USCIS officers are generally not trained in topics of advanced scientific study, we wanted to be sure that they understood that our client had consistently produced valuable and groundbreaking work that advanced the work of his peers. To do so, we discussed in detail our client’s research work and its value, and we also supplemented these descriptions with other evidence, including recommendation letters from other field experts, invitations to present his work, and a discussion of the funding his work had received from both private and government entities. By working together, we were able to develop a case that showcased this client’s work and its value to the USCIS, and his case was approved.

The NIW process ended up being more detailed than I initially anticipated, but John was always available to discuss my questions and he consistently replied with thoughtful responses addressing my concerns. In fact, he is really amazing and responds too fast. He took care of our case and I never had an issue with him being late to me. At every point in the process, I felt like he had his fingers on the pulse of my case, as he gave me specific advice about a number of pieces of evidence. Thanks to John’s attention to detail, I believe we filed the best case possible and he added things to make my case much stronger. Thanks for helping me get my NIW approval!

-Dr. K.D.

NIW Approved with Emphasis on Qualitative Evidence in the Field of Chemistry- (May 2020 Edition):

As many of our clients know, USCIS tends to place a heightened emphasis on the importance of citations. While citations are indeed one way to measure the impact a researcher has made on their field, it should by no means be the quintessential element of a petition. In this month’s notable approval, our client possessed a few dozen citations to his work, as well as a wide range of qualitative evidence showing his work had caught the attention of other experts in his field. Our client was able to provide impactful qualitative evidence, including emails requesting to use his work from an international organization, funding from various U.S. and international organizations, as well as a strong number of citation examples that heavily rely on our client’s publications to inform their research studies. Due in large part to the extensive experience HSI attorneys gleaned through years of preparing high-skilled immigration petitions, our client’s petition thoroughly detailed how his work not only made a lasting impact on the field through his citation record, but also through our client’s qualitative evidence. After careful preparation of his petition, our client received an NIW approval without an RFE in just six months.

I’m a doctoral candidate in the United States, I was looking for an attorney who could help me navigate what is needed for NIW approval during a very busy and stressful period of my academic career. Jonathan Goslow and the HSI team not only helped me determine what evidence the USCIS officer would find meaningful, but also guided me through the NIW preparation process bearing in mind that I do not have a lot of free time outside of my doctoral work. Not only did I receive an NIW approval without an RFE, but I was so impressed with John’s team that I retained Ellis Porter again to handle my adjustment of status. It’s been great working with Jonathan, and I can’t recommend him and his team enough. I’m so glad I will continue to receive their assistance in the next stages of my immigration journey.

-A.O.

Approved NIW for Mechanical Engineer after RFE- (Special Edition):

Even when you have a strong case and copious amounts of good evidence, the USCIS can sometimes still surprise you by issuing a request for evidence – an RFE. It’s important not to panic when you receive an RFE, as sometimes the officer issuing the RFE may only want a simple clarification or explanation. Even when an RFE may seem more daunting, such as in this case where the reviewing officer challenged nearly all parts of this client’s initial petition, an approval is still likely if you’ve retained an experienced attorney who is familiar with your case and the best ways to respond to RFEs.

Here, the reviewing officer provided a list of additional evidence we could submit to further support the client’s case; however, it quickly became clear to us we had already submitted much of this newly requested evidence with the initial filing. Based on this observation, we suspected the reviewing officer had not actually taken much time to review our client’s case before issuing the RFE, so for the response we chose a simple strategy of explaining to the officer that we did already submit much of this evidence, and we also included a few more in-depth explanations and materials. This strategy succeeded in short order, as our client’s case was approved not long after the USCIS received our response. While it’s true that USCIS can at times be confusing, it is still possible to achieve success when you have an attorney with experience at understanding their requests.

It is never exciting to hear that you received a RFE. But after speaking with John and reviewing his proposed RFE response strategy, I felt more confident that my case would still be successful. I worked closely with John to provide the additional materials and information he needed to respond to my RFE, and his plan ended up being a success, as my NIW was ultimately approved. I’m very grateful I chose to work with Ellis Porter and John, as his confidence and knowledge of RFEs made me feel like we could still get an NIW approval, which is exactly what eventually happened.

-Mr. J.D.

Approved NIW for a Medical Doctor and Researcher- (April 2020 Edition):

When this client approached us and explained her work, we knew she had a good NIW case as long as we made sure to explain her work properly to the USCIS. Specifically, this client is a physician researcher who has studied a number of topics in clinical medicine including oncology, radiology, and hematology, and she additionally had experience working as a practicing clinician. While it is clear to us that her multi-faceted experiences and education have well-qualified her to continue to make groundbreaking strides in her field, we have on occasion seen the USCIS misunderstand the work of physician researchers and issue an RFE on the basis that the work of a clinician is not inherently of national importance since clinicians provide only localized care. For this reason, we made a point to emphasize our client’s research work as well, since the AAO has previously confirmed that research is of national importance. Therefore, our strategy for this client was to be sure to include a detailed discussion of both her past and ongoing research and its success in our explanation of her achievements and ongoing research plans. USCIS ultimately agreed with our assessment of our client’s abilities, as they approved her NIW with no RFE.

What great news that my NIW petition is approved! Attorney John Goslow was a huge help throughout the process of collecting and organizing my evidence documents, as well as in drafting the brief we submitted to the USCIS explaining why I qualified for the NIW. At every point I felt like he had a good grasp on my case and the points we should highlight to ensure success. It was great working with John.

-Dr. S.S.

NIW Approval After RFE for a Mechanical Engineer- (Special Edition):

Sometimes when we receive an RFE from the USCIS, it’s clear they did not spend much time reviewing the evidence we initially submitted. This was true in this case, where our client was a mechanical engineer whose work improves energy efficiency in buildings and other systems. Although we described his work in detail in our original filing and provided numerous examples highlighting the importance of work in this area to the United States, including recommendation letters from other field experts and information from US government agencies confirming the value of this type of research for improving US energy efficiency, the USCIS nevertheless issued an RFE requesting additional evidence that our client’s work has both substantial merit and national importance. Likewise, although we provided a letter from the client himself explaining his specific plans to continue working in his field, USCIS challenged whether or not he was well-positioned to continue to advance those plans.

Fortunately, it was not too difficult to respond to this RFE. To address the question of the importance of the client’s field, we simply directed the USCIS officer back to the original petition and provided details about the US government funding of the client’s work and additional statistics about the importance of the client’s field to the United States. In addition, since initially filing his petition, the client had started working with a US national laboratory, so we were able to use this evidence to show both the national importance of the client’s work, as well as to show that he was likely to continue impacting his field while working in the US. Within a month of our submitting the RFE response package, the USCIS approved the NIW petition.

John Goslow did a fantastic job on my NIW petition. While I was initially nervous after receiving the RFE, John assured me we had a lot of good evidence with which to respond to it. He ended up being right, and I was very happy to hear that my case was approved less than a month after we sent in the RFE response. Both the initial submission and the RFE response were very detailed, and I’d be happy to recommend John and Ellis Porter to any mechanical engineer looking to file an NIW petition. Thanks again, John and the HSI team!

-Dr. C.O.

Mathematician Approved- (March 2020 Edition):

As many permanent residency applicants know, Requests for Evidence (‘RFEs’) are never fun to receive. Though USCIS seems to be issuing RFEs more frequently, each RFE is different and should be handled with expert care. Our attorneys not only review RFEs to see what evidence USCIS says the petitioner is missing, but also to find any incorrect statements or misapplications of the law by the adjudicating officers. The High-Skilled Immigration attorneys at Ellis Porter have extensive experience in responding to literally hundreds of RFEs, so you can take comfort in knowing that when you hire us to handle your petition, you also have a strong, experienced RFE team for your case should an unfortunate RFE be issued.

In this month’s notable approval, our client is a mathematician with strong credentials who filed his petition with the Texas Service Center. When his case received an RFE, our attorneys noticed the adjudicating officer who reviewed the case made notable mistakes, including ignoring key pieces of evidence included with the original petition. After compiling new evidence to strengthen our client’s original submission, we prepared an RFE response that addressed the officer’s concerns, corrected the officer’s mistakes in the RFE notice, and used the new documentation submitted with the RFE response to reinforce how our client is clearly eligible under NIW standards. The officer ultimately agreed with our attorneys and issued an NIW approval to our client just a few months later. To make a long story short, even though RFEs can be discouraging, having an experienced attorney in your corner can make all the difference!

After talking with Jonathan about the officer’s clear mistake and hearing Jonathan’s plan to respond to the officer’s concerns, I felt very reassured that I had hired the right legal team to prepare my case. Jonathan demonstrated expert knowledge in what the adjudicating officer was looking for, and based on Jonathan’s recommendations, we put together additional evidence to make my strong case even stronger. After receiving my NIW approval notice, it’s clear the adjudicating officer agreed with us! I’m so glad I hired Jonathan, and I’m very grateful for all of the help on my case from the High-Skilled Immigration Team!

-Dr. M.Z.

NIW Approved for Expedite Approach- (Special Edition):

In this month’s notable approval, our client’s research had received hundreds of citations, had been published in some of the most prestigious journals in his field, and was invited to give many notable talks by other experts in his field of clinical research. The High-Skilled Immigration team at Ellis Porter believes that just highlighting the cornerstone evidence – including our client’s prolific citation and publication records – shouldn’t be the only focal point of the petition. Indeed, our legal team devised a strategy that incorporated our client’s notable talks, memberships, degrees from prestigious universities, and the real-world impact of the client’s research on clinical medicine. The moral of this month’s success story is that while many law firms tout the importance of a few quantitative metrics being the “end-all-be-all” for USCIS, there are many more avenues of evidence we can pursue and highlight for every client. Our winning strategy was confirmed after our client received an NIW approval without an RFE.

I’m truly grateful to Jonathan Goslow and the Ellis Porter team for helping me get my NIW approved so quickly. Jonathan was always available to answer my questions throughout the NIW process. The petition he prepared for my case did an extraordinary job showcasing my accomplishments. Jonathan advised that my credentials best fit with Ellis Porter’s expedite NIW service, and as a result I was surprised and impressed with just how quickly my case was filed. I’ve already recommended Ellis Porter to many of my friends and colleagues.

-Dr. S.G.

Researcher turned Entrepreneur- (February 2020 Edition):

In this month’s notable approval, our client was a former PhD student who after graduation decided to start his own company. Since his case wouldn’t be based on publications or citations directly, we knew this client would have to combine strategies that crossed paradigms. By critically analyzing his situation and combining strategies that have worked both for researchers and entrepreneurs in the past, this client was able to get approved without a RFE.

When I began researching immigration firms for my NIW, I knew it would be a challenge to find an attorney who would be able to understand how my research and entrepreneurial plans intersect. Jonathan was able to not only understand how my research background is directly tied into my business endeavors, but he was able to communicate these plans clearly in my recommendation letters and legal brief. My legal team produced exceptional quality materials for my petition, which, for me, was one of the most important attributes I was looking for in the firm I selected. Jonathan also supported me through quickly responding to my immigration questions throughout the process. I was so impressed with Jonathan’s work handling my NIW petition that I later chose to hire him again to handle my O-1 visa and my family’s adjustment of status case. I’m grateful to the HSI team with Ellis Porter for all of the work they did to help get my case approved so quickly, with special thanks to Jonathan Goslow for his attention to detail and careful preparation of my case.

-H.S.

NIW Approval in Six Months for Materials Scientist- (Special Edition):

In this month’s notable approval, our client is a materials scientist completing his postdoctoral research at a renowned university. This client concentrates his research on developing novel approaches for new medical and laser technologies. Though our client already possessed strong credentials when he retained us, the petition we prepared further emphasized numerous qualitative attributes of his case, including collaboration agreements with well-known companies and extensive funding to his research. Though the petition preparation process is an important element that our clients value, we also take pride in our attentiveness to client communication. Our client was very pleased with the responsiveness of our staff and attorneys to his case preparation questions. Not only was our client able to obtain his NIW in just six months, but his case was approved without an RFE.

After speaking with attorney Jonathan Goslow, it was clear to me that the high-skilled immigration team has extensive experience in handling cases with credentials similar to my own. Though I knew my credentials were good, I wanted to make sure that I was placing my case in the very best hands. Not only was John able to get my case filed in just a few short months, but I was so impressed with his handiwork that I retained Ellis Porter to simultaneously prepare my AOS application. My results speak for themselves! For anyone who already feels confident about their credentials but wants to make sure their case is in the best possible care, I cannot recommend Ellis Porter highly enough. 

-Dr. M.K.

NIW Exceptional Ability Approval for a Bioinformatics Researcher- (January 2020 Edition):

While the NIW petition is often thought to require an advanced degree, that is not necessarily the case. For example, while this client was pursuing his PhD degree, the highest degree he had already earned was a BS degree. Nevertheless, we were able to successfully help this client receive an NIW approval through the exceptional ability route by showing that he held a Bachelor of Science degree related to his field of expertise, that he had memberships in several professional organizations related to his field, and that he had received considerable recognition for his achievements in his field. In particular, we demonstrated this recognition in a number of ways, such as by including recommendation and testimonial letters confirming the utility and value of the client’s work, as well as by discussing media coverage and funding of the client’s research. Our strategy worked well, as this client’s case was approved without receiving an RFE. It’s good to remember there is more than one way to receive an NIW approval!

It was great working with the Ellis Porter High-Skilled Immigration team and John. When I reached out about a possible NIW petition, I was not sure about the best way to describe my achievements to the USCIS but John was able to suggest a number of pieces of evidence that should support my case well, including helping with drafting testimonial and recommendation letters. And it worked! My case was approved with no problems. Thanks Ellis Porter and John!

-Mr. C.Y.

Approved NIW for a Process Optimization Expert Working in Petroleum Engineering- (Special Edition):

While the NIW petition can often be a good fit for students and recent graduates, this petition type is not solely limited to those working in academia. Here, our client had obtained a master’s degree nearly two decades ago, and afterwards his career led him into industry, and as such he did not publish papers or present at conferences as many NIW petitioners do. Instead, he obtained experience in his field by working for leading petroleum companies at a number of locations around the globe. Over the years, he developed many new methods to better optimize the performance of technologies used in his industry. Since we could not submit any publication or citation evidence of the impact of his work because it was in industry, we thought outside the box and submitted a variety of other evidence instead, including a number of recommendation letters from other experts in his field, his internal company reports and presentations, and descriptions of his specific plans for continuing his work in the United States.

While some immigration attorneys may hesitate to take on a non-traditional case like this one, after reviewing his profile and full career history, we could see there was certainly a case to be made that he qualified for an NIW petition, as his work provided clear value to an industry important to the United States and since he had an impressive amount of experience and impact in his chosen field. The USCIS concurred with our assessment, as his NIW case was approved at the Texas Service Center in just over six months.

I was very happy to hear that my NIW petition was approved. When I first reached out to Ellis Porter, I was optimistic that I could get an NIW approval. John laid out the pros and cons for me in applying, and after some discussion we decided to move forward with the NIW petition. I was quite impressed with the brief he drafted, and in his guidance throughout the process. He provided thoughtful insights and explanations at every point. I am glad I reached out to Ellis Porter, and I’d happily recommend them to anyone considering the NIW petition.

-Mr. L.J.

No Citations? No Problem! NIW Approval for a Civil Engineer with No Citations- (December 2019 Edition):

Our client in this instance was a civil engineering researcher. While she had an impressive background in her field, including several advanced degrees and publications in addition to experience working with a number of paratransit organizations, her publications had not received any citations at the time we filed her petition. While we understand citations are only one marker of influence on one’s field, it can be difficult to convince the USCIS of such impact without citations. To address this challenge, we first worked with the client to identify substantive ways in which her work had been implemented by others working in civil engineering. This was not challenging, as our client had in fact developed a number of models that were actively being put into use by transit organizations in a number of states. Once we had these examples identified, we then sought out ways to prove this implementation of her work, such as by drafting and including testimonial letters. Altogether, we were easily able to show the importance of our client’s work, and she received an NIW approval.

Putting together a good case for my NIW petition ended up being easier than I expected thanks to help from Jonathan and Ellis Porter! When I first reached out to EP, I wasn’t sure what type of evidence would be best for my case, although I felt that I did indeed have the necessary qualifications to obtain an NIW. When I discussed my background with John he agreed with me, and together we were able to create a strong argument that successfully convinced the USCIS. I’m very glad I made the choice to work with Jonathan!

-Dr. M.R.

NIW Approved for an Entrepreneur with No RFE- (Special 2019 Edition):

While it is commonly known that the NIW category is a great option for researchers, it actually is a viable option for many business professionals and entrepreneurs as well! As laid out in the framework of the Dhanasar decision, professionals in business ventures with plans to substantially benefit the U.S. may be able to pursue the NIW as well. In this month’s notable approval, our client is a successful entrepreneur with a well-established plan to build a company focused on providing employment-oriented services.

Fortunately, while entrepreneurial NIW cases are relatively uncommon, the Ellis Porter High-Skilled Immigration attorneys are well-versed in how to best prepare these types of cases. Our attorneys reiterated the precedent established in Dhanasar for entrepreneurs, again reiterating the overall importance of entrepreneurship to the national interest. Given the extensive and detailed plan our client had in place for his business, we were able to emphatically show how he is well-positioned to continue to carry out this plan in the years to come. Through building the connection between our client’s past work and his future business goals, we were able to get his NIW petition approved in just 8 months.

I wish to impart my thanks to the High-Skilled Immigration team, especially attorney Jonathan Goslow who prepared my NIW petition. After retaining a different law firm to handle my situation, I had a very clear vision in mind of the type of law firm I wanted to work with for my NIW petition. Jonathan and his team fit this vision well. After extensive review of my situation, Jonathan and his team cultivated a direct, poignant NIW petition focusing on all of the essential elements of my business and entrepreneurial goals. Importantly, John was able to not only prepare my petition quickly, but he also took time to thoroughly detail to me what evidence is helpful for my case and why. The case preparation process was a valuable learning experience, and after receiving a positive outcome on my petition without an RFE, it’s clear to me that I made the right choice.

-G.N.

No Advanced Degree? No Problem! NIW Approved for Exceptional Ability Bioinformatics Researcher- (November 2019 Edition):

While the NIW petition is often thought to require an advanced degree, that is not necessarily the case. For example, while this client was pursuing his PhD degree, the highest degree he had already earned was a BS degree. Nevertheless, we were able to successfully help this client receive an NIW approval through the exceptional ability route by showing that he held a Bachelor of Science degree related to his field of expertise, that he had memberships in several professional organizations related to his field, and that he had received considerable recognition for his achievements in his field. In particular, we demonstrated this recognition in a number of ways, such as by including recommendation and testimonial letters confirming the utility and value of the client’s work, as well as by discussing media coverage and funding of the client’s research. Our strategy worked well, as this client’s case was approved without receiving an RFE. It’s good to remember there is more than one way to receive an NIW approval!

It was great working with the Ellis Porter High-Skilled Immigration team and John. When I reached out about a possible NIW petition, I was not sure about the best way to describe my achievements to the USCIS but John was able to suggest a number of pieces of evidence that should support my case well, including helping with drafting testimonial and recommendation letters. And it worked! My case was approved with no problems. Thanks Ellis Porter and John!

-Mr. C.Y.

Entrepreneur has NIW Approved with No RFE- (Special 2019 Edition):

As we’ve noted in many of our success stories, the High-Skilled Immigration team believes that every case is unique – that is to say, there is no such thing as a “standard” or “typical” case. A wide range of professionals can qualify for an NIW petition under the Dhanasar framework, therefore it’s invaluable to work with an attorney who takes time to emphasize your accomplishments and credentials under this standard of law. For this month’s notable approval, our client is a doctoral student in electrical engineering. Interestingly, though his work has already resulted in dozens of citations, he also had been contacted by many of his peers to share his models for their own work, which we took extra care to emphasize in the client’s legal brief. Beyond this evidence, our client had also been active as an editorial board member for numerous publication venues, which we referenced in his legal brief to help show his ongoing contributions to his field. Additionally, our attorneys made sure to emphasize how our client’s research is directly relevant to cyberattack prevention, which of course is important to U.S. security interests. Beyond the quality of his legal brief, our client was also impressed by how easily he could get in contact with his attorney. We are pleased that our client has received an NIW approval without an RFE.

As a doctoral student, I contacted the Ellis Porter immigration attorneys knowing that I was investing a significant amount of time and money towards the next step of my immigration goals. It was therefore incredibly important to me that my attorney would be responsive and detailed in their work. I am basically an electrical engineer, so I came up with a research plan to find the best attorney. I read a lot about the process and came up with a list of questions that I would ask different attorneys. I contacted so many immigration attorneys all over the US. To be honest Jonathan Goslow stood out in so many ways, he was sincere, very realistic in his answers, very responsive, straight to the point, very patient, and aware of the immigration system and how you should approach it based on your current situation. I ultimately retained Jonathan to handle my NIW petition, and I am so glad I did! Jonathan was not only thorough and reassuring throughout the process, but he also provided me with high-quality recommendation letters and a legal brief in a short period of time. To say that I’m impressed by his work is an understatement! Jonathan offers very high-quality services for affordable fees and there are no hidden/sudden fees, he explains clearly everything upfront. His team is highly qualified and very responsive as well, thank you Chelsea Affholter. This is a journey where you should be very careful whom you will eventually choose. It is worth mentioning that I went on different websites to see immigration lawyers’ ratings and I want to emphasize that those ratings do not reflect the truth of an actual winning rate. I know other colleagues choose other attorneys, which I rolled out during my selection, and unfortunately, their cases did not go through, knowing that they paid way more fees and there were a lot of hidden fees. Thank you again to the High-Skilled Immigration Team, especially Jonathan Goslow.

-Dr. M.S.

Computer NIW Approved for Computer Engineer with 20 citations, without Ph.D.- (October 2019 Edition):

In this month’s notable approval, our client was a researcher in the field of computer engineering, with a specialty in wireless security and cyber-attack prevention. Though our client was still in the process of completing his Ph.D., he had already been cited 20 times at the time his case was filed. This of course is an impressive citation record in and of itself, however our NIW case strategies go beyond simply highlighting impressive citation metrics. Indeed, considering the direct relevance of the client’s work to national security, it was worth extensively noting in his petition how crucial his ongoing work is to U.S. interests. Our petition also outlined through impressive additional metrics how his work has been impactful to his peers in the field. Through demonstrating the tangible influence of his research on both his peers, as well as on future national security applications in the United States.

As many of our clients know, working with an attorney who is well-versed in NIW strategies is key to a successful petition. While the High-Skilled Immigration attorneys have a wide breadth of experience in NIW petitions, it is also important to hire an attorney who is available to you – in fact, our client in this month’s notable approval was able to speak directly with his attorney in less than 24 business hours on many occasions. The High-Skilled Immigration team understands that your pressing immigration questions require attention and utmost care.

I had a wonderful time working with the Ellis Porter team, particularly attorney Jonathan Goslow. Jonathan always quickly responded to my questions and comments, and he made time to speak with me over the phone if I had any additional questions. I was impressed by his approachability and how thorough he was in addressing all of my questions about the immigration process. It also was very reassuring to hear how Jonathan had extensive experience in preparing NIW petitions for researchers with similar credentials to my own. I was extremely impressed with the quick outcome of my NIW filing. Thanks again to Jonathan and the Ellis Porter team for all of their hard work preparing my case!

- Mr. T.O.

Approved NIW for an Electrical Engineer- (Special Edition):

When this client retained us, he explained to us that his goal was to obtain a green card. Unfortunately, while we were confident he had a strong I-140 petition, he would not have been able to file the next step of the process (his adjustment of status) immediately since he was born in China and the priority dates for both NIW and EB1A were not current for China at that time. Therefore, we had to think outside of the box to help this client achieve his goal and think of a “grand strategy” for his situation.

While an EB1A approval usually has a more current priority date than an NIW approval for someone born in China, the EB1A also has a higher standard to meet, and it can therefore be more difficult to get an EB1A case approved. Our client had strong credentials so we developed a personalized approach that would best suit this client’s needs. To increase chances of approval and ensure a priority date as soon as possible, we therefore first filed this client’s NIW petition, which was approved with no RFE. We were then able to take time to assemble a strong EB1A petition with minimal additional work on the client’s behalf, which we have subsequently filed. Finally, to ensure his ability to remain in the United States while he waits for his priority date to become current, we also quickly filed an O1A petition on behalf of his employer, which was also quickly approved.

Although there are a number of ways to work in the United States and to be approved for a green card, many of those ways are not the most expedient or cost effective options. At Ellis Porter, we take the time to understand your specific situation and needs, and to develop an immigration strategy specifically for you, carefully describing the pros/cons of each scenario to best fit your situation and priorities.

When I contacted Ellis Porter, my goal was to be able to continue working in the United States, and to eventually get my green card. Since I was born in China, I knew the situation was likely to be somewhat complicated since my priority date would not be current. However, when I explained my situation and goals to John, he developed a filing strategy for me that ultimately secured my priority date with this approved NIW petition, and in the meantime he also filed an O1 petition for me so that I could continue to work in the U.S. while I wait for my priority date to become current. John and his colleague has been always patient and efficient with my requests, with all the inquires responded within 48 hours. Our cooperation was incredibly smooth. I’m so happy to have worked with John and the rest of the Ellis Porter team, and I cannot recommend them highly enough!

-X.G.

Psychiatric Nurder Working Outside the US has NIW Approved- (September 2019 Edition):

Many different kinds of professionals can qualify for an NIW petition. In this instance, our client was a psychiatric nursing expert working outside of the United States. His work addresses a wide range of subjects including grief awareness, substance abuse, and racial inequality. Besides performing clinical duties, he had also established various programs and committees at his place of employment to address a variety of mental wellness issues. Our client plans to continue to research and advance the best ways to address substance abuse at the clinical, community, and policy levels. Overall, it was clear to our client that true health care requires a holistic approach to treating a person as a whole, and his work bore out this commitment time and again. By describing the various achievements in his career and providing additional evidence of the value of such work, we were able to plainly show the USCIS how this man’s work was of clear benefit to the country.

When I first contacted Ellis Porter, I wasn’t sure if I had the right background to qualify for an NIW since I do clinical work in addition to research. However, after speaking with John, he explained that my experience and skillset should be well-suited for the NIW. Indeed, for my petition, he emphasized both my clinical and research experience, and it was clearly the right strategy – my case was approved with no RFE! Thanks John and Ellis Porter!

-Dr. A.F.

NIW Approved with Our Expedite Approach- (August 2019 Edition):

The High-Skilled Immigration team at Ellis Porter takes pride in striking a balance between quality and timeliness. We know that our clients are looking for an attorney who will provide a customized legal approach to their case preparation based on credentials and needs. For this month’s approval, our client already had a strong NIW case, but wanted to file his case quickly while also ensuring his petition is tailored to his unique credentials and evidence. Indeed, while our client possessed objectively strong evidence for his NIW petition, he also had numerous evidence items that do not fit into a “standard petition template”, such as the use of his patent work by other organizations. This evidence, while easily overlooked, can be extremely useful in showing how a petitioner fits within the NIW framework. Our client was not only able to file his case quickly without sacrificing petition quality, and his case was ultimately approved in just several months.

Though I knew I had strong credentials for an NIW when I first began searching for a legal team to handle my petition, I knew I wanted to prioritize the quality and depth of my petition. Filing my case quickly was also a top priority, and while quality and speed can seem mutually exclusive, my attorney at Ellis Porter (Jonathan Goslow) was able to prioritize both. I can’t recommend the Ellis Porter HSI team enough!

-Dr. M.H.

NIW Approved for Water Treatment Specialist- (July 2019 Edition):

For this approval, our client had good credentials in his field of water treatment. When we filed his case, he was pursuing his PhD and had already published several papers, which had themselves received several dozen citations. Moreover, due to his expertise and innovative research, several companies had expressed interest in collaborating with him and commercializing his findings. While this is all strong evidence for the NIW petition, it is true that the USCIS does not always adjudicate cases consistently, so it’s very helpful to have an immigration expert in your corner when you file this type of petition. For this client, we were able to assure him about the strength of his petition and to help him provide the best evidence possible, including drafting and including testimonial letters from industry leaders interested in adopting his work. Since we never know exactly what kind of evidence the USCIS officer wants to see when they adjudicate your NIW petition, it’s good to be sure and cover all your bases with the help of experienced immigration attorneys like those at EllisPorter.

The NIW petition seemed like a complicated process, which is why I contacted EllisPorter. John was very responsive and provided me with excellent suggestions based on my specific background, guiding me through every step of the process so that no one step was too overwhelming. With his help, I was able to file my case feeling assured we had put together the strongest NIW case possible. This turned out to be true, as my case was approved with no RFE. Thank you to John and EllisPorter!

-Dr. M.A.

Expedite NIW Approval for Case Filed in Two Weeks- (Special Edition):

When this client, a physics researcher studying liquid crystals, contacted us, we knew he had a strong NIW case and were excited to work with him to file his NIW petition. Beyond his publication and citation record, his work had also received media coverage and government and corporate funding. Moreover, his field of study was clearly of great benefit to the United States, since liquid crystals are used in a number of ubiquitous technologies. While any one of these facts alone may not be enough to ensure an NIW approval, we felt that we could craft a legal brief that would strongly support his case by explaining to the USCIS how all these facts together show that our client was qualified for the NIW petition. Indeed, our belief was justified, as this client’s case was ultimately approved by the USCIS.

When I contacted EllisPorter, I was interested in filing my NIW petition as soon as possible. John assured me that EP would be able to help me with this goal, which they certainly did – we filed my NIW petition in roughly 2 weeks of the time I retained EllisPorter! It’s also clear to me they didn’t sacrifice quality for speed since my case was approved without receiving any RFE. If you’re looking for a law firm who is willing to work closely with you to efficiently draft a high quality petition, I highly recommend contacting EllisPorter.

-Mr. T. T.

NIW Approved with Low Citation Count- (Special Edition):

A common anxiety among people hoping to file an NIW petition is finding an attorney who will put in the time and care to understand their unique credentials. The High-Skilled Immigration Team is proud to be known for developing customized and personal strategies for our clients. In this case, we were able to assist a client with a unique background and expertise and, with our personalized reference letters and legal brief, win approval for his NIW petition.

Our client has a background in academic publishing and research, and we were able to discuss these points in his legal brief. However, what truly distinguishes him—and what truly makes him an ideal candidate for the NIW—is that he has an extensive background outside of academia, particularly work on public policy development. By discussing this experience we were able to show that our client’s work (focused on developing public policy for climate change mitigation) was clearly beneficial to the United States. Just as important, we were also able to show how this work prepared him to advance his career in the United States. Because he chose the right legal team for his situation, our client now has an approved NIW.

I had an enjoyable experience working with Ellis Porter High-Skilled Immigration Team on my I-140 case. Attorney John Goslow has been spot-on in identifying what parts of my CV were the most important. I’m so glad I hired an attorney who took the time to develop a strategy that was unique to me. I recommend John Goslow and the entire HSI team to anyone who is looking for a personalized approach to their I-140 petition!

-K.Z.

(Business NIW Approved- (Special Edition):

A common issue we see with people looking to file an NIW petition is the difficulty in connecting past work in academic research and publishing with a proposed endeavor focused on work in private industry or entrepreneurship. Fortunately, the High Skilled Immigration Team at Ellis Porter has worked with many clients facing this concern, and we’re adept at developing customized solutions to present our clients past work and their future goals as a coherent narrative. In one case, our client had extensive experience publishing papers in the field of computer science, and we were able to show how these papers—and the hundreds of citations they have received—illustrate the impact he has had on his field. This, in turn, allowed us to show that this experience, and his experience as a professor and entrepreneur, has prepared him to operate a business focused on providing opportunities to people traditionally underrepresented in the tech industry through online educational programs. By building the connection between our client’s past work and his future goals, we were able to help him receive approval for his NIW petition. Moreover, thanks to our expedite service, he was able to have his petition approved without reference letters and without filling out a long summary of his achievements, saving him time and money.

(NIW Approved from Someone in Industry- (Special Edition):

While the NIW petition is commonly known as a pathway for many academic researchers, the NIW actually is viable for many scientists working in industry settings too. These individuals performing research in industry settings can feel daunted by citations, since publishing in an industry setting is less frequent than in academia. For these individuals, it is important to bear in mind that while citations are important, other qualitative documentation can be just as valuable as citations.

In this month’s notable approval, our client is a highly-qualified mechanical engineer with direct experience in improving energy usage in buildings. Thanks in part to our client’s remarkable research findings and practical experience, his work has not only been widely disseminated among other academics in his field and cited dozens of times but has also been used in practical applications for improving energy consumption in buildings. This case is a perfect example of how the right immigration team can construct a case to highlight the impact of a petitioner’s work on a broad scale.

NIW Approved with Ellis Porter Expedite Service- (Special Edition):

Every NIW petitioner is unique, and so every NIW petition needs a unique strategy. Some petitioners need a lot of supporting evidence to satisfy the requirements of an NIW petition; for instance, someone working in a theoretical field with a low citation climate might need several reference letters from experts to provide context on their work. Other people who have had a more easily demonstrable impact on their field, however, may not need such supporting documentation. Because we evaluated our client’s specific credentials—including the fact that he had published a number of journal articles that had been cited over 100 times—we knew that he stood a good chance of approval even without supporting materials such as reference letters. This assessment was reinforced by the fact that he studied breast cancer and cancer metastasis, a proposed endeavor with clear public health benefits. As a result, we advised this client to take advantage of our expedite service, thus saving him time and effort because he did not have to worry about preparing materials that were ultimately non-essential. Our client was able to have his petition approved without an RFE and without a time-intensive or labor-intensive process.

I’m so glad I chose Ellis Porter’s High Skilled Immigration Team for my NIW petition. They made the whole process simple and fast without sacrificing quality or the result. The staff is very responsive and a pleasure to work with.

-F.M.

NIW Expedite Approved for Industry Worker- (Special Edition):

Our talented and highly-accomplished clients often find themselves with little time for preparing their NIW petitions due to the demands of their research and academic positions. With this in mind, the HSI team at Ellis Porter developed a special expedited NIW preparation service for our highly-accomplished clients who have accumulated hundreds of citations in their research careers.

In this month’s notable approval, our client is a highly-accomplished immunology researcher with over 1,000 citations. Though our client’s citation record alone is a remarkable accomplishment, his legal brief also emphasized the qualitative elements of his case, such as his clinical trial work and membership in prestigious organizations. Through a well-crafted, thoroughly-prepared expedite petition, our client was able to receive NIW approval without an RFE.

Jonathan made my case preparation extremely smooth – based on his experience in handling expedite cases for researchers with similar credentials to me, I was confident from the beginning of my case preparation all the way through my filing that I had hired the right attorney. Not only did Jonathan and the HSI team make my case preparation fast, but I was also highly impressed by their attention to detail. For instance, my legal brief artfully details my research history in an understandable way that the adjudicating officer can easily understand while also emphasizing how my work is important to the US. I am so glad I hired the right immigration team to handle my case! 

-Dr. M.F.

NIW Approval for Industry Specialist- (June 2019 Edition):

As several of our past notable approvals have shown, the High-Skilled Immigration team takes pride in our extensive knowledge and experience in emphasizing unique, qualitative evidence. In handling literally thousands of cases, the HSI team is well-equipped to emphasize non-traditional evidence in our NIW petitions. Many of our clients who work in the private-sector, for example, have good evidence showing the importance of their work in their fields. In these instances, it is crucial to hire the right legal team best suited to emphasize private-sector experience in a petition.

In this month’s notable approval, our client has an impressive record of publication and citations, however what could have easily been overlooked were his experiences in improving broadcasting in the United States. Since he did not work in an academic setting, his ongoing work was not being implemented in the form of citations. We were able to prepare a petition that not only emphasized some of the more commonly-recognized evidence of his influence in the form of citations, but also explained in detail how his broadcasting work is yet another manifestation of his influence on the field. Through this explanation, we were also able to show that his projected work in this arena is crucial to US interests. Though unique, qualitative evidence can be unusual, situations like this demonstrate an important point: NIW petitions are best prepared through a thorough, comprehensive discussion of a client’s career accomplishments and credentials.

My research area spans across several relevant academic and practical fields, and I knew during my search for an attorney that I wanted someone who had experience with cases similar to my own. Jonathan’s impressive record of approvals was a perfect fit for what I was searching for in an attorney. Not only was the communication with Jonathan very fast and efficient, but my case was prepared in a similar manner. I was so impressed with Jonathan’s handling of my I-140 petition that I retained Ellis Porter to handle my adjustment of status case too.

-A.L.

EB1B Approved with Focus on Qualitative Evidence- (Special Edition):

The EB1B petition requires not only that you satisfy at least two of the Kazarian criteria, but also that you meet a final merits determination in which the USCIS officer considers all of your evidence together to decide whether or not you are outstanding in your field. For this client, a mechanical engineer working for a qualifying employer, we were able to show that he met not just two, but three of the required criteria. While not technically required, we believe providing this extra evidence helped convince the USCIS officer that our client in fact was outstanding in his field. Moreover, the final merits determination takes a more subjective look at the provided evidence, since it considers all of the evidence together to understand a broader picture of the impact of the client and his work on the field. For this reason, we didn’t just provide objective evidence such as the client’s publications and peer review confirmations, but we also provided specific examples of the ways in which our client’s peers used his work, a discussion of the prestige of the journals in which the client’s work had been published, and detailed recommendation letters from other experts in the client’s field who were able to personally attest to the value the client’s work brings to ongoing research in his area of expertise. In our experience, this all-encompassing approach of marshaling a diverse array of evidence ensured that our client had no problem meeting the final merits determination, and ultimately getting his EB1B petition approved.

It was great working with John and EllisPorter for my EB1B petition. At every point in the process, they provided guidance and suggestions that helped make my case as strong as possible. In addition, John and his team promptly addressed all of my questions and concerns during the process. In the end, I have no doubt that their expertise paid off – my case was approved in under two weeks with no RFE! I’d recommend EllisPorter to anyone looking for knowledgeable guidance when it comes to the EB1B petition. 

-Dr. S.A.

NIW Approval with Special Attention to Qualitative Evidence- (Special edition):

One question that we understand our clients frequently wrestle with is which of their accomplishments would USCIS find most impressive? This is a challenging question – not all USCIS officers adjudicate cases the same way, and it can be difficult to determine what exactly the officer is looking for. Even our clients with strong citation credentials know that preparing a strong petition goes beyond just their citation record. It is far more impressive to provide the adjudicating officer with a comprehensive, well-rounded synopsis of their career history and accomplishments than simply to highlight a citation record alone. What would be considered most important to a USCIS officer in reviewing an NIW petition might seem like common sense, but in our experience, it is best to have an experienced legal team in your corner to help evaluate what documentation is ideal to submit for an NIW. In this month’s approval, our client knew that he wanted to hire an attorney who could comprehensively illustrate the full impact of his work on the field, and in doing so show exactly how these accomplishments in materials science are directly in line with US interests. While our client had a very strong citation record alone, he also had several other numerous remarkable accomplishments that might otherwise have been overlooked through rushed case preparation. By choosing a legal team with a demonstrated expertise in crafting tailored petitions, our client received NIW approval in just over 8 months.

Though the Ellis Porter legal team assured me throughout the case preparation process that my credentials are strong, I was mostly concerned with ensuring that my case highlighted all of my most impressive accomplishments in a way that would impress the officer. While I’ve noticed a lot of web forums discussing immigration have mixed reviews on what is most important to USCIS for the NIW, I’m glad I hired Jonathan Goslow to help guide me through what evidence is best for me to submit. This took out a lot of the guesswork on my part – and saved me a lot of time and worry – therefore I can’t recommend the Ellis Porter High-Skilled Immigration team enough!

 -Dr. U.S.

NIW Approval for Engineer with Few Citations- (May 2019 Edition):

To qualify for the NIW petition, the USCIS requires you to show that the work you do is important and that you are in a good position to make strides in your field in the future. For researchers, these claims are often proven by providing evidence of an extensive publication and citation record, but this begs the question – what if you don’t have an extensive publication and citation record, due to the nature of your field, work experience in industry, or some other reason? Can a researcher still qualify for the NIW petition without a strong publication and citation record?

If you hire the right immigration attorney, the answer is a resounding yes. In this case, our client was an automotive engineer who not only had a stellar academic background, including several advanced degrees from highly-regarded institutions around the world and experience leading several academic departments, but who also had experience working in the private sector, where he was able to apply his knowledge to impact real-world industries. Unfortunately, his publication and citation records were weaker than those of many who submit NIW petitions, but after learning more about his specific research and experience, it was clear to us that he should qualify for this petition. For one thing, he had ample evidence of the importance of his work, which we were able to show by including mention of government and private industry funding of his studies, awards he had won, and industry interest in his work. Moreover, we also included a detailed discussion of the specifics of his research work and of his future plans to continue working in his field. Given our experience with NIW petitions, we knew which specific topics to highlight that ultimately resulted in success for this client.

After speaking with John I felt confident that my NIW case could be very successful. Once we started the process of collecting and drafting my case documents, I could see that the materials John drafted for me really explained the details of my research so that the USCIS officer could understand its importance for human safety, the U.S. economy, and the environment. I would recommend John and EllisPorter to anyone who thinks they may qualify for an NIW, since I am convinced their expertise played a big role in my approval!

-Dr. T. O.-H.

NIW Approval for Engineer with Zero Citations- (Special Edition):

One of the many advantages of hiring an Ellis Porter attorney for your NIW preparation is that you have a team of RFE experts ready to handle your RFE response should you need it. A poorly-written RFE can be difficult to decipher what the adjudicating officer is looking for, making it all the more important in choosing an accomplished attorney to handle your case. Fortunately, our attorneys on the High-Skilled Immigration Team at Ellis Porter have experience in responding to EB-2 and EB-1 RFEs, so when you hire an HSI attorney to prepare your filing, you also have a strong RFE response advocate in your corner should you need it. In this special edition notable approval, our client prepared his own I-140 NIW filing and found himself with an RFE a short while later. Uncertain how to respond to what the officer was looking for himself, our client sought the counsel of the High-Skilled Immigration team to handle his NIW RFE response. Even though our client only had a few citations, he has very strong qualitative credentials, including the fact that his work has been used by notable US institutions. He even boasts several highly-regarded memberships, which had been overlooked by the adjudicating officer, among other things. Though it was very clear in his original filing that our client wished to continue his work in petroleum engineering, the adjudicating officer was even unsure what our client’s proposed endeavor is. Our strong NIW RFE response rebuttal elaborated our client’s very clear proposed endeavor and emphasized his remarkable accomplishments as strongly as possible. Ultimately, our client’s case was approved just a few short months after submitting his RFE response.

After I filed my NIW petition, I received an RFE from a Texas Service Center officer. My original submission was very straightforward, however the RFE challenged even the most clear-cut aspects of my case, including what I intend to do in the United States and how I am well-positioned to carry out my work. It was extremely disheartening to receive this news, not to mention the language in the RFE notice was intimidating and vague. I’m so glad I retained Jonathan and the HSI staff to handle my RFE response. Jonathan was able to answer all of my RFE questions very quickly, and his rich knowledge and background in RFEs was made apparent to me early on in my case preparation process. I am immensely grateful for Ellis Porter’s help with my NIW petition. Choosing the HSI team to handle my NIW RFE response was the right choice!

-Dr. I.M.

NIW Filed in Weeks and Approved in Months- (April 2019 Edition):

Many of our clients are busy, highly-accomplished researchers who dedicate themselves and their spare time to conducting pivotal, groundbreaking new research in their respective disciplines. Their brilliance and hard work shows clearly through their credentials, however their lack of spare time poses an extra challenge during their case preparation. Taking these specialized individuals into consideration, our experienced attorneys honed our expedite case preparation process to suit fast-paced clients with a strong record of accomplishments. This month’s notable approval is one such client with a remarkable record of accomplishments over the course of several decades in the field of zoology. Our attorneys worked closely with this client to collect evidence of his strong background, while also preparing a legal brief based on not only his citations, but on the strong qualitative evidence our client was able to provide. Ultimately, his case was filed in just a few short weeks and approved in months.

Due to the nature of my work, the majority of my day is often focused solely on my teaching and research responsibilities, leaving me with little time to concentrate on my I-140 case preparation. Fortunately, the Ellis Porter High Skilled Immigration team offered me a service based on my credentials that involved little document drafting on my side. The turnaround time for my petition drafting and filing was very fast! Not only were John and the support staff incredibly communicative whenever I had questions, but they were very fast and efficient when preparing my case. I am delighted to have my case approved, and I cannot speak highly enough of their professional services!

-Dr. S.R.

NIW Approval with Zero Citations- (Special edition):

Many people are under the impression that only researchers who work in traditional academic positions focused on publication qualify for an NIW petition. This misconception is reinforced by individuals that only look at publication and citation records and disregard other good evidence to make their cases fit a preconceived template of what an NIW petition should look like. One of the strengths of Ellis Porter’s High Skilled Immigration Team is that we look at all aspects of our clients’ backgrounds, not just their publication and citation records. That philosophy led us to work with a client who had published research work that had received a fair number of citations. But, the main focus of his career was working private industry, and he had a professional background that was just as impressive (if not more impressive) than his publication history. We were able to draft a detailed brief and compile supporting evidence to prepare a petition package that emphasized his work in industry and showed how that work had a demonstrable impact on his field. We were also able to show how his projected work outside of academia was still inherently beneficial to the United States on a national scale.

People who have published research but who now work in private industry or other settings outside academia, or people who plan to work outside academia in the future, can get discouraged by individuals who only work with traditional researchers or only emphasize their clients’ research publications at the expense of other experience. This case shows that by paying attention to all aspects of a client’s background and working closely with a client throughout the petition process, Ellis Porter’s attorneys can help people with proposed endeavors outside of traditional research show that they too qualify for an NIW petition.

I definitely recommend Ellis Porter. They worked closely with me and really understood my background and career. The strategy they developed was unique to my situation and highlighted my many strengths, rather than just relying on citations since that wasn’t the only aspect of my career applicable to my petition. The entire process of filing my petition went smoothly because attorney John Goslow guided me through the process really well and the other staff members at Ellis Porter always responded to me quickly and their answers were always based on my specific situation. I’m grateful to Ellis Porter and attorney John Goslow for the amazing job they did with my petition.

-Mr. S.M.

NIW Approval with Qualitative Evidence- (March 2019):

As many of our clients know, USCIS places a heavy emphasis on reviewing the quantitative aspects of a petitioner’s case, such as citations. We believe that while citations can certainly be good evidence in showing how impactful a researcher has been to their field, citations alone should not be the determining factor in receiving an approval. What can turn a good case into a great case, however, is emphasizing other qualitative attributes of a petitioner’s credentials or accomplishments through careful case preparation and close collaboration between a client and their attorney. In this month’s approval, our client’s citation record was directly coupled with great qualitative evidence such as a research center collaboration and numerous notable citations to his work helped him stand out from just a good case to a great case. This careful preparation ultimately led to our client getting his NIW approved.  

When I first contacted Jonathan Goslow at Ellis Porter, I knew I was searching for an attorney who would be able to go beyond just highlighting my citation record and really dig deep into my career accomplishments to prepare a strong case. Jonathan and the other attorneys and legal staff with the High-Skilled Immigration Team carefully reviewed my case and prepare my petition. I was so pleased with the Ellis Porter legal team that I’ve decided to retain them to handle my I-485 petition.

-Mr. A.D.

Non-Researcher Approved for NIW- (Special edition):

The NIW petition is often thought of as a petition for researchers, but in fact non-researchers are also able to obtain NIW petition approval – especially if they have an attorney who is willing to take the time to understand their unique background within the context of the NIW petition. In this instance, our client was a software engineer with a decade of experience in his field. While he did not have the usual publication and citation records often associated with the NIW petition, we could see his credentials still qualified him for NIW petition approval. By explaining to the USCIS that his diverse background working at a number of private industries indicated he was likely to continue to excel in his field and submitting evidence from a variety of sources such as letters, media reports, and information about projects on which the client had worked, we were able to show the USCIS that our client qualified for NIW petition approval.

When it comes down to it, the NIW petition does not have to be a one-size-fits-all category that only applies to researchers. Every person’s background is unique, so each case is adjudicated on its own individual merit. This approval is one example that shows the importance of demonstrating to the USCIS how the petitioner is well-positioned to advance his or her field, regardless of whether or not they are a traditional researcher.

I’m so glad I was able to work with attorney Jonathan and the HSI team at Ellis Porter. I had been hesitant to file an NIW petition because I knew my situation was unusual, but after speaking with Jonathan, he assured me I should qualify for NIW petition approval even with most of my experience being in industry. In hindsight it’s clear I made the right choice! I am happy to recommend Ellis Porter to anyone who thinks they may qualify for the NIW petition – the attorneys there are very knowledgeable and can explain the pros and cons of filing any particular petition type given your qualifications, providing the best advice for your particular situation.

-U.F.

NIW Approved via Exceptional Ability with No Advanced Degree- (February 2019):

This month’s featured approval is an NIW case for a client working in the field of RNA and Cancer Biology. This researcher is concentrating his work on studying cancer physiology to learn what mechanisms drive cancer progression. Our client is a dual M.D. and Ph.D. candidate at a prestigious U.S. institution. Since our client had not yet received an advanced degree at the time of filing, we ensured that a thorough discussion of his eligibility as an individual of ‘exceptional ability’ based on his membership and extensive recognition of achievements. This client’s case is an excellent representation of the value in hiring an experienced attorney with extensive experience in working with cases across a variety of academic backgrounds in order to ensure the best possible outcome. Though our client is an expert in cancer biology systems research, his case wouldn’t fit in a normal, boilerplate legal template since he does not possess an advanced degree. We were able to craft a petition that reflects not only how the ‘exceptional ability’ element was met, but also how his ongoing contributions are crucial to US healthcare interests. Though the value of our client’s research to U.S. interests is very clear, we ensured that the legal brief provided a thorough breakdown of the benefits of ongoing cancer research, including reduced medical treatment costs and improvements to the public health.Our legal strategy heavily emphasizes cultivating a crafted and highly-customized petition, and we think the quality of our work shows through our approvals.

Due to the unique attributes of our client’s case, it was essential for him to be able to contact his attorneys directly throughout the case preparation process. Our client able to get in touch with his attorneys directly via phone or email at his convenience.

I highly recommend working with the Ellis Porter High-Skilled Immigration Team. Though I initially had many doubts regarding which immigration firm to go with, as there are so many options, my first contact with Jonathan immediately cleared everything up. The difference that Jonathan made was that he approached every case on a personal-basis: there is no one-size-fits-all approach. Like everyone else who went through this process, I had so many questions and concerns. Jonathan was very patient during the entire process to explain every single question, and offered me with the option that WORKS BEST FOR ME instead of the one that would cost me the most. Jonathan is not only a highly competent and experienced attorney, but he was also extremely fast and responsive throughout the entire preparation process. The course of my case preparation was also extremely efficient. I am very glad I chose to retain the HSI team at Ellis Porter. I cannot thank Jonathan enough for all his hard work in helping me receive my NIW approval!

-H.N.

NIW Approval for Low Citation Case- (Special edition):

When you retain Ellis Porter to handle your I-140 petition, you’re retaining one attorney who will work with you from start to finish. From your initial inquiries through case preparation and filing, you can contact this person at any time with your immigration- and case-related questions. Our client, a postdoctoralchemical engineer, discovered this firsthand while working with John Goslow on his NIW petition. While in some ways our client had the same sorts of credentials that many NIW petitioners have – a solid publication and citation history with a strong background in his field – we have found that every case can be strengthened by paying attention to the details. For example, by working closely with this client to understand his work, we were able to tease out examples of specific ways in which his peers had used his findings to advance their own studies, which in turn helped us clearly explain to the USCIS how our client’s work is impacting the work of his fellow researchers. When used in conjunction with objective evidence such as the prestige of the journals in which the client has published and statistics about the high citation rates of the client’s publications, we have found this type of qualitative evidence to be very helpful for ensuring a successful NIW petition.

All to often we hear stories of clients who are often bounced around between attorneys and paralegals, which frequently results in unclear communication, misunderstandings, and undue stress. If you have a question about your specific case, you want it answered by an attorney who knows your case. At Ellis Porter, we know that you and your work are unique, and you therefore deserve an attorney who will take the time to get to know the unique ins-and-outs of your case.

While researching which firm to retain for my NIW petition, I knew I didn't want to work with a law firm that would respond to my questions with form responses that made it seem like they were just going to use boilerplate templates to get my case filed. I was afraid that filing my case like this might not allow my credentials to be properly shown to the USCIS, so I was grateful when I contacted Ellis Porter and John responded to my questions quickly, clearly, and in detail. John was available to respond to my concerns throughout every step of the I-140 process, and I believe his attention to crafting a case that uniquely highlighted my credentials and achievements was a key part of getting my NIW petition approved. A big thank you to Ellis Porter and John for the time and energy you put into making my case a success!

-Dr. A.S.

EB-1A Approval for Plant Biologist- (January 2019):

Even if a person’s credentials should be good enough for an EB1A approval, a lot depends on how that information is presented to the USCIS. In this case, our client, a plant biologist, had previously received a denial while working with another law firm. Our client knew his credentials justified the claim that he is an individual of extraordinary ability, but after receiving a denial elsewhere, he was ensure what to do. Fortunately, it was at this point that he reached out to us and after speaking with him and reviewing his credentials, we could clearly see that he was well qualified, and we therefore happily agreed to work with him to file a new EB1A petition despite his previous denial because we could clearly see that his “story” simply wasn’t told in the right light.

While his previous materials were helpful, we did notice a few areas we thought could be improved to better highlight his credentials. For example, his previous EB1A petition had claimed his field as molecular biology & genetics. However, after discussions with the client and studying his case more in depth, we determined together that plant biology would likely be a better field to claim since it was more specific. This in turn allowed us to show that his more specific field was generally a lower citation field, which is more difficult to show for the broader field of molecular biology & genetics. In addition, the RFE the client had previously received challenged the claim that he had made original contributions of major significance to his field. We could see this was patently untrue as our client had made a number of notable contributions to his field, so we sought to find a better way to convince the USCIS of this fact. We ultimately decided on a more holistic approach that discussed not only the client’s specific contributions themselves but also their impact, which we showed by describing notable citations to his work, the widespread dissemination of his findings, the extensive funding he had received, and the recognition of his work by leading organization in his field. Furthermore, we asked the client to draft a letter of future intentions to submit along with his case. In our experience, submitting such a letter is helpful because it helps explain in detail how the client intends to continue advancing his field in the future. Altogether, our more well-rounded presentation of the client’s contributions to date, their impact on his field, and his plans to continue his research work in the United States resulted in success for this client, and his new EB1A petition was approved in only 40 days even without premium processing.

I can hardly believe my EB1A case was approved in 40 days without premium processing! I can’t thank Ellis Porter enough. Jonathan and the HSI team were always realistic yet still optimistic, and they made the entire process simple and stress free. Before coming to EllisPorter, I had previously filed an EB1A elsewhere but ultimately, it was denied. So I came to John to see what could be done to refile the EB1A instead with EllisPorter and what ways were available to enhance my second petition. Jonathan assured me there were plenty of things we could do and that crafting the case to focus on my specific strengths would likely lead to an EB1A approval, and he was right. I am happy to recommend Ellis Porter not only because they helped get my case approved, but also because they were great to work with and clearly had experience filing thorough, personalized EB1A petitions.

-Dr. R.B.

NIW Approval for Expedite Case- (Special edition):

For this month’s approval, our featured client selected our ‘expedite NIW’ service. One advantage of working with our High-Skilled Immigration team is knowing your case is being handled by an experienced attorney who crafts your petition from start to finish. Our expedite NIW service is available to individuals with strong credentials, who may be able to file their case in just a matter of weeks. The advantage of the expedite service is the quick submission timeline. Considering our approval rate and the ability to submit their case quickly, the NIW expedite service is a win-win for our clients.

For this month’s featured approval, our client was able to file his NIW petition in just a few weeks. Our client’s HSI attorney provided comprehensive feedback on the best evidence to submit with his case, leading to an approval in about 6 months. In addition to having the peace of mind knowing he hired an experienced firm, our client was able to reach his attorney within 24 business hours for any questions or concerns he had about his case. The High-Skilled Immigration team takes pride in pioneering a personalized approach to crafting petitions, and we strongly believe our approval rate is a result of this highly-individualized process. Whether you’re interested in filing an NIW, EB-1, or O1 petition, our clients can rest assured that their HSI attorney will be available throughout every step of the process.

Attorney John Goslow was an invaluable source of information and assurance throughout the NIW process. I was excited to learn that John believed my credentials were strong enough to proceed with EllisPorter’s expedite service, and I believe this greatly sped up the filing process. It was comforting to know too that my attorneys have such a strong success record with NIWs. The fact that my case was approved so quickly without an RFE is impressive, and I couldn’t have done it without John and the HSI team. I am so grateful for the HSI team at Ellis Porter!

-Dr. GK

NIW Approval for Public Health Researcher- (December 2018):

One advantage of our NIW service is that our crafted approach to preparing a petition enables a petitioner’s qualitative accomplishments to truly stand out as exceptional. This month’s featured approval is a perfect example of why an individualized approach to a case is absolutely crucial to the outcome. We had the privilege of working with a public health researcher who has contributed extensively to devising public health programs put in place by national government institutions. Not only has her research been invaluable to preventing the spread of communicable diseases, but her work has also been vital to informing public policy initiatives around the world. As vital as this client’s research has been to public health initiatives in the U.S and abroad, this impact is not directly reflected by her citation record alone which was on the lower end.

Our attorneys were able to show that this individual has not only made a substantial impact on public health research, but has been equally if not more impactful on the successful implementation of public health initiatives in the United States and abroad. By detailing her contributions to well-known government agencies, we were able to prove to the adjudicating officer that this client’s research has been vital to her field and that she would be a vital asset to future public health initiatives in the United States. Due to the intricacy of this client’s case, we ensured a constant line of communication was available to our client either through calls or emails. Ultimately, our client was able to secure NIW approval within just a few months.

Due to the complex and nontraditional nature of my research, I needed an attorney who would be able to communicate clearly and effectively with me in order to build a strong case. In my mind, the HSI team is nothing short of exceptional. Though I explored a few other immigration attorneys before hiring John and his team, I believe I made a wise decision choosing Ellis Porter to prepare my case, and the success of my petition speaks to the quality of their service.

-Ms. M.L.

EB-1A Approval- (Special Feature):

One of the many benefits of retaining the High Skilled Immigration team at Ellis Porter is our attorneys’ collective experience in responding to hundreds of Requests for Evidence, or RFEs. Despite preparing a strong case, sometimes an RFE is issued by a tough officer. This is especially true in the EB1A context but having an experienced attorney in your corner can make all the difference between an approval and a denial. This is exactly what happened to one particular client who altogether had a strong case.

Our client filed an EB1A petition in the field of computer science with over 500 citations. Though our client submitted a great deal of documentation emphasizing the influence of their work in the field, the USCIS officer reviewing their case argued that the evidence provided was insufficient in two ways: 1) there was not enough documentation demonstrating the petitioner would continue work in their field, and 2) there was no documentation provided in the original petition showing original contributions of major significance had been made. It was clear to our experienced attorneys upon reviewing this RFE that the petitioner’s case had been poorly reviewed by USCIS, since we included evidence satisfying both of these two areas in the original petition. Nevertheless, we provided a comprehensive RFE rebuttal strategy to our client that thoroughly incorporated documentation submitted with the original petition, as well as new evidence to help show the officer why he or she was clearly incorrect in their way of thinking. Not only were we able to set our client’s mind at ease by providing a thorough RFE response strategy based on our experience, but he was able to receive answers to his questions about his RFE directly from our attorneys in 24 business hours or less throughout the entire process. We are happy to say that our client’s case was approved in less than two weeks after his RFE response was submitted.

Receiving an RFE is scary. The legal-ese of the RFE notice makes it hard to figure out what USCIS is really asking for. After spending weeks preparing my case, the last thing I wanted to receive was a request for more evidence from USCIS, especially considering that we already included the evidence they asked for in my petition. Despite this setback, John’s experience made me feel confident in responding to this officer’s concerns and took most of the stress out of the entire RFE response process. He and the entire HSI team were fast, easy to contact, and receptive to my questions and thoughts throughout the RFE response process. Though receiving an RFE is not ideal, if I had to go through the process again, I wouldn’t think twice about retaining John to handle my case.

-Dr. S.G

NIW Approval for Automotive Researcher with Industry Experience- (November 2018 Edition)

It’s important to acknowledge that every case is unique, so having an experienced attorney who knows what aspects of your background to highlight or avoid discussing can make all the difference between an approval or rejection. With regard to this case, the client is an automotive scientist who had a modest publication and citation record at the time of filing. However, it was clear to us that his industry experience also confirmed his expertise in his field. With this in mind, we crafted a more holistic legal strategy for this client, emphasizing not only his academic credentials but also his extensive work for the automotive industry. Specifically, we not only submitted evidence of his publications and citation record, but also a variety of more qualitative evidence. For example, this client provided a statement explaining his specific plans to continue working within his field, which laid out in detail how his prior achievements have prepared him to continue to pursue his ongoing and future research projects. In addition, we also showed the client’s expertise by discussing his peer review work and submitting recommendation letters praising his research from other experts in his field. By working closely with this client to understand his specific strengths, we were able to craft a personalized legal strategy that led to case approval.

It was a pleasure working with Jonathan and the high-skilled immigration team at Ellis Porter. It was easy to get in touch with Jonathan whenever I had any questions, and he always responded to my concerns promptly and in detail. It was clear to me that he had a good understanding of my work and its importance, and I believe that this understanding and his knowledge of immigration law are what led to the success of my petition. Working with EP took a weight off my mind because I knew the attorneys there are very experienced with the NIW petition, and this experience was clear to me as I worked with them. I gladly recommend Ellis Porter to anyone considering filing the NIW petition.

-Dr. Y.C.

NIW Approved with Six Citations- (Special Edition):

One thing we have learned time and again is that citations are only one factor for a USCIS officer to consider when adjudicating an NIW petition. While citations can show that your work has influenced your field, there are many other ways that this can be shown if you have an attorney who knows what to look for. For example, in this case, the client engineered the creation of new materials of interest to a number of players in the defensive industry in both the US and abroad. This work was funded by a variety of institutions. Since his work provided sensitive information about ways to improve the safety of military personnel, he could not always publish and disseminate his findings. Due to this fact, this unpublished but important work was unable to receive citations even though it provided key information essential to improving the safety of US military personnel. Therefore, since we could not reference citations as evidence of the impact of this work, we instead focused on providing other evidence, such as evidence of the funding this work received and letters from experts familiar with the projects confirming their importance to the field and to the United States.

Moreover, while this client only had one publication that received citations, we were still able to make good use of this fact by pointing out that this publication was very highly cited for its year of publication in the client’s broader field of engineering. In addition, we also provided evidence of the exceptional prestige of a journal that accepted his work for publication, which we argued confirms that other leaders in his field find his work of relevance and worthy of dissemination to his field as a whole. As further evidence of this client’s leading status in his field, we also included documentation that expert editors had independently contacted the client to conduct peer review work, which clearly shows that his peers value his opinion and expertise in his area of study.

Overall, we submitted a variety of different kinds of evidence to the USCIS to show that this client’s work has laid the foundation for further developments in his area of study and that it is of such value that it would benefit the United States to approve his NIW petition. By working with the client to develop a narrative that clearly explained the value of his work to the United States’ military and economy, in addition to submitting a wide variety of qualitative evidence confirming the impact and importance of this work to ongoing studies in this area, we were able to present this client’s case to the USCIS in such a way that he received an NIW approval with no RFE in only 3 months’ time.

I wasn’t sure I was qualified for an NIW when I contacted the High Skilled Immigration attorneys at Ellis Porter because I only had 6 citations, but I knew my work was important for the United States. Having completed work for defense organizations and a private company, I had contributed to important projects that gave me significant experience, but I worried that my publication and citation record might still be a problem. After speaking with Jonathan, he explained to me that we could use other evidence to help me qualify for the NIW. Working together, we determined that I had a number of qualifications that were helpful for the NIW petition, like the funding of my work and the recommendation letters from experts who were happy to support my petition. I am grateful that he took the time to understand my unique situation. With his help, my case was approved in less than three months, which means I am able to continue my work that benefits the American military and industry. Thank you Jonathan and Ellis Porter!

-J.H.

NIW Approved with Qualitative Evidence- (October 2018 Edition)

This month’s featured approval is an NIW case in the field of analytical chemistry. This researcher extended her analytical chemistry towards important innovations in medicine and epidemiology. Though the intrinsic value of our client’s work was very clear to us at the onset, we ensured that the significance of her field to the interests of United States was emphasized at length through objective statements in the legal brief. Our client already had both a strong record of accomplishments and significant accomplishments, however we chose to emphasize these in greater detail. This was achieved throughout the legal brief by collecting strong quantitative documentation that outlined how our client retains a position as an important figure of her field. The notable journals her work was published in, record of her impressive citations, and detailed recommendation letters elucidating her accomplishments ultimately helped our client receive NIW approval from USCIS. In fact, one of our client’s favorite aspects of our service is the ease and accessibility of communication with her attorney. We strongly believe that this collaborative method of communication is yet another important factor leading to a fast approval without an RFE.

In light of the uncertainty of the future of immigration laws, my top requirements for my attorney include extensive experience and up-to-date knowledge of immigration policy. The attorneys at Ellis Porter embody both of these qualities. Jonathan thoroughly explained the NIW procedure and requirements to me. His extensive experience in filing cases with similar qualities to my own credentials was also very reassuring throughout the case preparation process. Jonathan was always very easy to get a hold of either through email or phone. If I had to go through the NIW process again, I wouldn’t hesitate to hire the High Skilled Immigration team at Ellis Porter to handle my case!

-Dr. V.C.

EB-1A Approved with Qualitative Evidence- (September 2018 Edition)

One facet of our expertise we are most proud of is our ability to craft petitions that highlight the qualitative attributes of our clients’ accomplishments. Our EB1A strategy goes beyond only highlighting impressive citation metrics for our clients: we emphasize other qualitative attributes in order to demonstrate the significance of our clients to USCIS. We believe that this is a hallmark of high-quality EB1A services.

For our September case highlight, our client is an accomplished chemist that had several laudable accomplishments beyond citation metrics alone. We crafted this individual’s EB1A case with the intention of focusing not only on their citations, but also on how their work was frequently published in the leading publication venues in the chemistry field, as well as the selection of their work for continued research by a world-renown research institution and media coverage by several reputable media outlets. By carefully cultivating a petition focusing on both the citation metrics and qualitative attributes in tandem, we prepared a case that clearly underscores the substantial influence our client has made on chemistry research in the U.S. and abroad.

Many of our clients also recognize that working closely with an attorney is an important part in developing a coherent legal strategy and ultimately preparing a strong petition. That’s why we understand the importance of being accessible to our clients and responding to their questions and concerns in a short time-frame. Our client was able to get in touch with his attorney in 24 business hours or less to discuss the appropriate legal strategy in-depth with his attorney or ask questions about their case. Having legal representation by your side is invaluable as you navigate the EB1A process, and that is why we prioritize communication with our clients.

A priority for me when choosing a lawyer for my EB1A was making sure the important aspects of my accomplishments and career would be highlighted in a way that strengthens my case, with the goal of ultimately be viewed favorably by USCIS for an approval. Working with the High Skilled Immigration group at Ellis Porter, it quickly became apparent to me that my attorney was well-versed in skillfully preparing a petition that highlights all of my impressive attributes without diminishing the impact of my citations. Over the course of my case preparation, the attention to detail paid by Jonathan and all of the legal staff at Ellis Porter confirmed my original impression as well was my ability to speak to him personally on multiple occasions to discuss our case strategy and evidence in-depth: Ellis Porter prioritizes quality by tailoring my case to suit ME. Many thanks to Jonathan and the Ellis Porter staff for such meticulous preparation of my case. I will be sure to recommend their services to my friends based on my positive experience.

-Dr. J.T.

NIW Approved For Pharmaceutical Researcher- (Special Edition)

Our special featured approval for this month is an EB-2 NIW client in the field of pharmaceuticals. Our client received their doctorate in pharmacy and intends to continue working in pharmaceutical and drug delivery research. This individual hadcompleted important research surrounding new drug formulations for cancer and disease mitigation. Their background in pharmaceuticals combined with the numerous accomplishments and recognition received on behalf of their work made it clear to us that this individual is an established researcher in pharmaceuticals. Though the inherent importance of drug development research to the United States should be obvious, we supplied the adjudicating officer with a breadth of additional resources proving that pharmaceuticals is an industry of benefit to the United States, with the intention of avoiding a potential RFE. Throughout the NIW preparation process, we collaborated intensively with our client through phone calls and emails. In fact, we believe that this collaborative approach led to an approval.

As many of our clients can recognize, understanding the legal jargon and process involved in preparing an NIW petition can be a very challenging task. This particular client sought clarification from their attorney about the NIW process and exactly what was needed from them in order to prepare the strongest possible petition. Collecting evidence that could be helpful for an NIW case can be difficult to determine alone, so we make sure to prioritize communication with our clients in order to make this process as smooth as possible. It was a pleasure addressing questions and discussing legal strategy in-depth with this particular client through phone calls and email, and we are pleased that this collaboration ultimately led to an approved NIW without a request for evidence.

Learning about the NIW process was an intimidating experience. For me, there was so much ambiguity as to what I was required to prepare and how to send my documents to USCIS that these challenges seemed almost insurmountable. When I first spoke with Jonathan and the High Skilled Immigration group at Ellis Porter, I was very impressed by their extensive knowledge and experience with NIW petitions. Even more important, Jonathan was easy for me to contact with any questions I had about my case strategy and other immigration questions. Not only did he do a remarkable job of preparing my case, but he also provided me with reassurance throughout the process. With so much uncertainty and rumors spread in online immigration forums, it was encouraging to receive first-hand legal advice from someone who knows the ins-and-outs of the employment-based immigration system. I would also add that Jonathan was extremely patient, calm, kind, organized, ready to respond, analyzing information and using logic to address work-related issues and problems, 
reliable, responsible, and dependable, and fulfilling obligations, honest and ethical, careful about detail, maintaining composure, keeping emotions in check, controlling anger, and avoiding aggressive behavior. Thanks in no small part to Jonathan and Ellis Porter, I was able to get my NIW approved!

-Dr. R.A.

NIW Approved With Zero Citations- (August 2018 Edition)

As lesson we constantly strive to teach is that while citations can be helpful, they aren’t necessary by any stretch of the imagination for a NIW. Many people believe one must have a certain number of citations to qualify under the NIW. However, nothing in the regulations or statues require citations or even mention the term. Rather, one simply needs to show essentially why they are special or unique, why their work is important and how they stand out from the crowd in general. This month’s highlight is of a researcher who has spent decades in the field doing critical work. However, the nature of his work has been such that he has not published that often. He had been told many times by others that citations mattered and he didn’t have a good case. In fact, he had an excellent case; it just wasn’t being looked at appropriately. By playing up critical aspects of his work history, getting letters from leaders in his field from around the world, and really developing his petition to fit his own individual background, this researcher was approved without even being issued a RFE. The lesson once again is that while citations can help a case, they don’t make a case and good qualitative development of one’s background and the use of their work by others in the field in detail is often essential for success.

Having a non-traditional NIW case, I needed a firm that could really make my petition about me and my experience. EllisPorter was exactly what I needed. Working with John was great. From the beginning, he paid extremely close attention to “my story” so we could develop our case from the bottom-up. He really took the time and care to build my entire case specifically around who I was as a professional. As a result, I was confident that my case was truly a story “about me”. I am definitely referring my colleagues to John given the great experience I had. Thanks to EllisPorter and John in particular for the wonderful work and getting my NIW approved!

-Dr. P.S.

EB1A Approved With Our Expedited Processing Service- (July 2018 Edition)

Our expedited processing service is offered to individuals with exceptionally high credentials in which we are able to file their case within a matter of weeks. For this month’s highlight, we are relaying the story of a successful EB1A. This client had roughly ~180 citations to their work, the vast majority independent in nature. However, where we found the truly quality in their case was our ability to play up and develop the massive qualitative portion of her case. While many people think citations are essential for the EB1A, what they don’t often realize is how critical expounding upon and playing up the details of the utilization of one’s work is for a successful EB1A. So while this individual had an average number of citations for an EB1A, what really made her case ‘extraordinary’ was the evidence we were able to marshal regarding the unique ways their work was being utilized by others in the field. By illustrating exactly how important their work was outside of citations alone, this case was approved under the highest category possible. The lesson: citations can help but if you really want to make your case excellent, you need to ensure that all aspects of your case are truly being developed to their fullest potential.

Thanks to John and the EllisPorter team for handling my EB1A case for me. Given all the uncertainly around EB1As recently, it was definitely an intimidating endeavor to embark on. However, speaking with John regarding my case, talking through the specific elements of my background he believed we could highlight and the manner in which we crafted my entire case around the strong suites of my background really gave me the confidence to know that we were playing up my situation as best as possible. And in fact, my case was approved, in no small part due to this attention to the individual details of my background. I would also like to point out the speed with which my petition was prepared, which was much faster than I expected. Thanks again to EP and their personalized approach for helping me get my EB1A approved.

-Dr. T.K.

O-1 Approved Less Than Five Weeks After Retaining Our Services- (June 2018 Edition)

Our featured approval for June 2018 is a quickly prepared O-1 petition. 

USCIS generally recommends filing O-1 petitions at least 45 days in advance.  Unfortunately, this is not always viable when new job opportunities require immediate start dates.  We recently had a client come to us after spending a great deal of time with a different law firm to prepare his immigration petition, but it became clear to him that it would be impossible for them to file his O-1 quickly since no legal work had been completed as of the time of retaining our services. 

In less than 5 weeks, we were able to prepare his recommendation letters, legal brief, petition package, AND receive approval of his O-1 petition for his start date which was 32 days from the date we were retained.  This particular client had an impressive background in Computer Science for an O-1 petition, but since his new position was with a start-up company, we took special care in preparing the petition and presenting evidence that we thought would best avoid receiving an RFE that would slow down the adjudication process.  While most of our petitions genuinely take 4-6 weeks to prepare, we made sure to take into account the particular circumstances of this client and ensure that we did everything possible to file quickly without sacrificing the quality of our work.

EB-2 NIW Approval for Ph.D. Student in Biochemistry with No RFE- (May 2018 Edition)

Our featured approval for May 2018 is an EB-2 NIW client within the field of biochemistry.  This particular individual received their Bachelor’s Degree in Biochemistry less than 5 years ago and they immediately moved on to pursue a Ph.D. within the same field.

Under the EB-2 NIW category, there are two important aspects that must be proven: 1) The individual has an advanced degree or its equivalent in their field OR they are an individual with exceptional ability, and 2) they satisfy all three elements on the NIW test. 

Upon contacting us for an evaluation, we discussed their goals and preferences, and it was clear that receiving a green card sooner rather than later was important.  Therefore, we came to the conclusion that we should file their EB-2 NIW prior to them having an advanced degree, even though proving exceptional ability requires more extensive arguments and evidence given that the first aspect of the petition cannot simply be proven with a transcript.

To prove exceptional ability, we needed to satisfy at least 3 of the 6 criteria, so we submitted evidence of: (1) his bachelor’s degree, (2) his memberships in his field of expertise, and (3) recognition for his achievements and significant contributions to his field by his peers.  We clearly articulated the three criteria we were claiming prior to moving on to discuss how he meets the NIW test, so that the officer could follow the legal brief in a comprehensive and coherent survey of his credentials.

We then argued how different aspects of his profile made him eligible for a waiver of the job offer and labor certification requirements in order to garner an EB-2 NIW approval.  Even though he planned to continue his Ph.D. studies upon approval, we focused on the long-term plans he had and how he was well positioned to achieve his career goals.  While ~30 citations overall at the time of filing is not a low number by any means, we ensured that those citations were given proper weight by showing how the two papers that had received citations were highly cited compared to other papers published in the field during the same years. 

Additionally, we made sure that the officer was aware that citations to one’s work should not be the only consideration.  We highlighted the grant funding that supported his work, the tools he created to address certain limitations in biochemistry, and we provided letters for individuals whom have used this work to further their own in order to furnish a clearer picture of exactly what impact his work has had and what impact his future work should be expected to continue having.

Ultimately, this EB-2 NIW petition was approved without an RFE after nearly 4 months of processing.  Filing the petition under the exceptional ability basis instead of waiting for completion of his Ph.D. saved this individual valuable time, and they are now on their path to receiving their green card which will make his future employment search and grant applications easier to obtain in a timely fashion, in addition to making his future travel much simpler than requiring an F-1 visa stamp for entry.

EB-1A Approval for Political Scientist with No RFE- (April 2018 Edition)

There are two main reasons why we prepare individualized petitions based on a client’s background instead of forcing their credentials into a predetermined template: 1) It gives us the best chance of approval and reduces the chances of unnecessary delay due to an RFE or NOID, and 2) It is what the client deserves as we are being trusted with their significant decision to pursue a permanent life in the United States.  We have centered our practice around the ability for the client and attorney to work closely and directly with one another, as we do not feel that a case managed like a factory assembly line with different staff working on various aspects allows for this individualized approach.

We had the honor of working with a leading political scientist whose work has largely centered on European politics research and analysis.  This individual has published many papers, served as a reviewer for journals, and had plenty of citations to their work; however, presenting the case based on these aspects alone would have the potential of an officer making an unfair comparison of their profile to other highly cited fields, such as molecular biology or chemistry.  We could immediately tell that their background and experience placed them as an established political scientist, so we looked at ways in which we could highlight their unique profile.

Outside of their scholarly publications, this individual has had a substantial influence on European politics.  We were able to show how their roles shaped policy by being called upon by high-level government officials and entities for analysis, recommendations, and the creation of discussion and learning platforms.  While we could have easily referred to their citation count as evidence of their original contributions of major significance, this would not have given the officer the whole picture of why they were extraordinary.  By describing the importance of their contributions to well-respected organizations and government entities, in conjunction with showing the prestige of those entities, we were able to present a case with recommendation letters supporting their standing as a leading figure in their field.

Another hurdle we needed to make sure was addressed was how their work will be beneficial to the United States.  Working outside of the United States on European politics, it is not immediately clear as to how their continued work on these matters would related to United States policy.  We preemptively supplied the adjudicating officer with information regarding the importance of European politics and how they affect the United States in hopes of avoiding an RFE asking for further clarification. 

Ultimately, our client was a pleasure to work with and understood our strategy though a series of Skype calls, emails, and messages in our secure client portal.  This collaborative approach is what led to an EB-1A approval in 8 days from the premium processing unit.

EB-1B Approval for Computer Scientist with No RFE- (March 2018 Edition)

This month our team received an approval under the Outstanding Professor or Researcher category for an accomplished computer scientist who had developed a minimally invasive colorectal cancer screening technology. Despite having an impressive list of peer-reviewed publications that had been cited more than 100 times, successfully petitioning for a computer scientist under this category posed certain challenges.

Much like the EB-1A category, the EB-1B regulations provide specific ways in which a beneficiary may demonstrate his or her accomplishments in the given field. Unlike the EB-1A, however, the EB-1B must be employer-sponsored and has additional threshold requirements that must be met regarding the underlying position. For example, the employment offer under this category must be for a research position. Regardless of the overall strength of the beneficiary’s credentials, the EB-1B cannot be approved if this threshold requirement is not met. Demonstrating that an underlying job offer is for a research position is often easier said than done. USCIS may request an official job description from an employer handbook or other personnel materials. This causes an issue when, out of convenience, employers have classified an employee under a pre-existing job description that may not fully reflect his or her duties.

Although the beneficiary in this case was heavily involved in cancer research, the beneficiary had a PhD in Computer Science and his official job description focused primarily on his computer programming and software development responsibilities. Anticipating that USCIS may be critical with regards to whether this position met the threshold requirement, our experienced team carefully selected the most appropriate supporting evidence to not only demonstrate the individual’s computer science expertise but also highlight his essential research duties. We worked closely with the employer to draft an employment letter that accurately described his research responsibilities. The petition was approved with premium processing without a request for additional evidence, and needless to say, our client was thrilled with the outcome!

EB-1B Approval for Medical Physicist after Receiving a NOID from a Difficult Officer at NSC- (Feburary 2018 Edition)

We were recently presented with an EB-1B case that had received a Notice of Intent to Deny (NOID) from an officer at the Nebraska Service Center with a reputation for denying strong cases. The client had typically strong credentials for a researcher, with peer review experience, several first-authored papers in highly ranked journals, and over 100 citations. However, while the officer determined that she satisfied three of the regulatory criteria, the NOID was issued because the evidence allegedly did not show that she was internationally recognized as outstanding. Based on our previous experience with the adjudicating officer, we knew that peer review, publications, and citations alone were unlikely to be sufficient, so we decided to focus our response on other evidence that might be more persuasive to this particular officer.

Our client is a medical physicist, but it was her work in a medical specialty that doesn’t usually employ physicists that made her unique. In fact, she is the only physicist working in such a department in any institution in the US. We therefore began by emphasizing how she is a pioneer in combining two fields and has become recognized as the leading expert in the area. We highlighted letters of recommendation confirming this, but we knew that letters alone were unlikely to convince the officer. Thus, we made sure to corroborate these letters with objective, documentary evidence. This evidence included contracts with major pharmaceutical companies and international hospitals that specifically requested our client’s expertise on various projects. Our client was also serving as a chair for a committee of a distinguished professional organization, and had organized an entire conference on her subject of expertise.

After submitting the response to the NOID, our client’s petition was approved in under a week. Because we were familiar with the officer who was adjudicating our client’s case, we knew the types of evidence that were and were not likely to lead to an approval. We were therefore able to frame our response appropriately and obtain an approval even after USCIS indicated they intended to deny the petition. Sometimes, it’s not your credentials but how they are presented that is most important, and that’s when an experienced attorney can be the difference between an approval and a denial.

NIW Approval for Medical Physicist with Six Citations- (January 2018 Edition)

As we’ve talked about in our blog posts on the EB-2 National Interest Waiver (NIW), citations remain one of the best indicators of the chances for success under this category for researchers and scientists. Simply put, a researcher with a high number of citations is likely to have a strong NIW case with a high chance for approval. But we understand that there may be good reasons for having a lower citation record, like working in a field where one’s work is more influential in the real world than in academia, and we therefore know that it is important for a comprehensive NIW evaluation to consider more than just the number of citations. Such is the case for our most recent approval.

Our client is working as a medical physicist treating patients and conducting research. While his PhD satisfied the advanced degree requirement, and his research on the efficacy of different cancer treatments satisfied the substantial merit and national importance prongs, the weakness in his case came from his low citation record. To give him a good chance for approval, it was important to highlight how his work was successful and impactful outside of academia. As a clinical researcher, this is only natural: his work is more useful for clinicians seeking to provide better treatment to their patients than it is to other researchers in his field, but this is perhaps even more important work since it impacts real people and their health. We were able to highlight this through detailed letters of recommendation from a variety of respected professionals in the field, including one who had been influenced in their own treatment of patients.

Overall, through a customized strategy that focused on our client’s individual strengths, we were able to show that he was well experienced, had conducted successful research that had attracted the interest of others, and had made substantial progress on important research in the field of medical physics. His petition was quickly approved by USCIS in under 3 months because we were able to show that he was well positioned to advance the area of medical physics, and that it was beneficial to the U.S. to waive the job offer and labor certification requirements. By taking the time to think about his unique credentials and how best to present them, we were able to help our client achieve his goal of being approved for a National Interest Waiver.

EB-1A Approval for Physicist After Unreasonable RFE- (December 2017 Edition)

An unfortunate fact of life when dealing with USCIS is that sometimes the immigration officer reviewing your case just gets it wrong. It can be frustrating to put lots of time and effort into preparing a strong petition only to receive a template Request for Evidence (RFE) or, even worse, an RFE that gets the law wrong. After all, any time an RFE is issued the potential for the case to be denied becomes very real, so responding to the RFE becomes critically important. But immigration officers are people too, and they can make mistakes. When this happens, an experienced attorney can be invaluable in helping correct the officer and receive an approval.

This is what happened to a recent client of ours. A physics research and entrepreneur, his credentials were quite strong: he had served as a Chief Editor of a major international conference, had published articles and book chapters that had been cited over 800 times, had invented technology that had been patented, and had developed nationally-adopted standards for measuring agricultural products. Nevertheless, he received an RFE from an officer who appeared to not understand the EB1A requirements or some basic scientific concepts. Most notably, the RFE challenged the originality of our client’s work because “his contributions appear to be primarily based on established technologies.” Indeed, much of our client’s career had involved taking existing technologies and modifying them to be used in novel applications. The RFE also challenged the “Authorship of Scholarly Articles” criterion, suggesting that our client’s publications did not set him apart from others in his field due to their lack of originality.

We adopted a strategy of politely and clearly explaining why the RFE was mistaken about these issues. We began by explaining that in science, originality does not only mean inventing a new technology. Rather, originality can mean building on the work of others to find new uses for old technology or providing new insight into a problem. We explained how our client’s work was original and supported this explanation with evidence that journals typically do not publish unoriginal research and that patents are not issued to technology that is not novel. We also used a precedent court decision to explain to the officer that USCIS is required to evaluate only the plain language of each criterion and may not impose new requirements.

Our strategy proved successful, as the case was approved less than 2 weeks after we responded to the RFE. While the unreasonable nature of the RFE made it challenging, our attorneys have personally responded to over 1,000 RFEs in their career and knew that a clear, well-reasoned response could still help the case be approved. Receiving an RFE can be a very unpleasant experience, but it doesn’t have to lead to a denial. With the help of an experienced attorney, even cases that receive tough RFEs can be approved.

EB-1A Approval for Pastry Chef- (November 2017): 

All too often we get leads who have been evaluated by other firms and are subsequently rejected by them because these firms work on a factory-floor like premise: either your case fits into a preexisting template or you don’t qualify. Yet, there is nothing about the EB-1A petition category that requires one to have citations to published work or to have a certain threshold of citations in order to qualify. Sure, having hundreds upon hundreds of citations in a STEM related field is great and makes things easy when you don’t want to actually craft a case to cater to the individual qualities of someone, but it also fails to recognize that many, many people who don't necessarily have hundreds of citations (or any!) could qualify if their case was actually just developed in the right way.

Our client in this case was one such client. This client has made a career out of being a pastry chef. And as one might guess, pastry chefs don’t tend to publish their work, receive citations or do peer-reviews. As a result, our client was rejected by several other law firms before coming to us saying he didn't qualify. During our evaluation of his case, we took a hard look at his background and found that if his case was simply developed in the right fashion, we could employ some lesser used criteria to apply under to get him approved under the EB-1A standard. As a result, we developed a highly personalized case strategy and began collecting the appropriate evidence to claim the following regulatory categories:

• Major Media

• High Salary

• Critical Role

• Membership

Our client actually had not just a close case, but a really good case. All he needed was a lawyer who knew what to ask for, where to look, and how best to play up his key talents and attributes. The end result was an EB-1A approved within 15 calendar days.

Moral of the story? Working with an attorney that is not simply looking to fit you into a preexisting pigeon hole was the difference for our client between giving up on his dreams of immigrating to the U.S. and finding his way within a matter of weeks to an approved EB-1A.

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*Note that every case is different and these success stories should not be taken as indicative of how any future case may or may not play out at USCIS. A case that is successful does not necessarily indicate that any future case will be successful as all cases are ultimately up to the discretion of the reviewing officer. There is no such thing as a “guarantee” that a case will be successful.