Case: Public Health Master’s EB-1(b) Green Card Approved within One Year

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    On July 1, 2007, Mr. Gupta first contacted our firm for his I-140 petition. Within one year, Zhang & Associates had helped Mr. Gupta, get his EB-1(b) green card.

    Mr. Gupta obtained his Bachelor of Medicine and Surgery from a famous university in India and then pursued additional postgraduate training in the subject at another distinguished university. He then obtained a Master’s degree in Public Health at an American university. When he firstly contacted our office in July 2007, he was working as a Research Assistant Professor at a famous American university. His research had already resulted in many first class findings. Mr. Gupta’s research focused on chronic disease management and the early diagnosis of secondary complications of chronic disease. He had authored and published 24 peer-reviewed articles in widely recognized journals and had work subject to a pending patent. His exceptional research abilities in the field were also underscored by his receipt of awards for his excellent work and his membership in prestigious societies. In addition, Mr. Gupta’s expertise had been recognized by his service as the judge of others’ work.

    After evaluating the education background and research achievements of Mr. Gupta, Attorney Jerry Zhang believed that both the NIW and EB-1(b) petitions were good choices for Mr. Gupta. However, if he could get the sponsorship from his employer, the EB-1(b) would be a better choice, given his nearly six years of research experience in his field. More importantly, Mr. Gupta was born in India, which meant the visa number problem might get involved in his I-485 application. Although a visa number was available for him when he filed the petition, there might have been a retrogression of cut-off dates in the visa bulletin while his application was pending. Compared with an NIW (which belongs to EB-2), the EB-1 category usually has an earlier cut-off date for aliens born in mainland China and India. Fortunately, Mr. Gupta’s employer was quite supportive. Consequently, Mr. Gupta retained us to file an EB-1(b) case for him and signed the contract on July 20, 2007. The preparation work of Mr. Gupta’s EB-1(b) petition started immediately afterward.

    Late June and July 2007 was one of our busiest times ever and the firm was working at full capacity. Nonetheless, our attorneys and supporting staff worked hard to prepare Mr. Gupta’s case. The preparation for Mr. Gupta’s EB-1(b) petition started July 21, 2007. All the materials were well prepared before July 26, 2007.

    Mr. Gupta’s EB-1(b) petition was filed on July 27, 2007. The whole package included the petition form, one petition letter, ten letters of recommendation, Mr. Gupta’s publications, evidence of two citations, and other supporting documents.

    In-charge Attorney Jerry Zhang emphasized in the petition letter that Mr. Gupta was an outstanding researcher and was recognized internationally in the academic field. He had contributed original scientific and scholarly research contributions to the academic field; he had authored scholarly articles in scholarly journals with international circulation in the academic field; and he had participated as a judge of the work of others in the same or an allied field of specification for which the classification was sought. In addition, Mr. Gupta has at least three years of experience in research in the academic field. He further had an offer of employment from a prospective U.S. employer to conduct research in his field. Therefore, the petition letter concluded, Mr. Gupta was qualified for an EB-1(b) green card.

    After filing the EB-1(b) petition, we began to prepare the I-485 petitions for Mr. Gupta and his wife. Both I-485 applications were filed with the USCIS on August 14, 2007. After waiting less than a year, Mr. Gupta received his I-140 approval notice on June 20, 2008. Only five days later, the USCIS approved Mr. Gupta’s I-485 application. The whole process took less than one year since Mr. Gupta contacted us for his I-140 immigration evaluation.

    Mr. Gupta was quite excited to hear this good news. Our attorneys and supporting professionals were also very happy with this result. We attribute the success to Mr. Gupta’s strong background, his cooperation, and our firm’s teamwork in preparing the petition.

    Moreover, we want to remind our readers once again about the qualifications for an EB-1(b) or NIW petition. These two categories of immigration petitions do not require the applicant to have a doctoral degree, although many aliens have this misconception. In fact, we have helped some clients without doctoral degrees get their green cards under an EB-1(b) or NIW petition. What matters in these petitions is the applicant’s qualification, including publications, citations, awards, and so on.

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    In an EB-1 petition, the attorney must successfully convince the immigration officer that the alien possesses outstanding credentials. Zhang & Associates has a collaborative team of experienced attorneys dedicated to providing high-quality client services. In the past 12 years, we have successfully helped numerous clients obtain green cards in the EB-1(a) and EB-1(b) categories.

    Please send your CV to Attorney Jerry Zhang (info@hooyou.com) for a free evaluation to see if EB-1 is a good choice for you.

    Zhang & Associates, PC.
    Houston ∙ New York ∙ Chicago ∙ Austin
    Tel:1-800-230-7040, 713-771-8433
    Email: @hooyou.com">info@hooyou.com
    website:http://www.hooyou.com

    *This article is based on the state of the law as of the posting date. It is the responsibility of the reader to verify that the law has not changed by consulting an attorney, although Zhang and Associates will make every effort to ensure that our articles are updated periodically. In order to protect our client’s privacy, all identifying information has been changed.