US Work and Immigration Options for Foreign Professionals
US Work and Immigration Options for Foreign Professionals
A discussion with two members of our community
US Work and Immigration Options for Foreign Professionals

We were approached by an employer in the pharmaceutical manufacturing industry to respond to an RFE (Request for Evidence) for an Operations Research Analyst. The RFE indicated that the job duties were vague, and did not allow the USCIS to ascertain the minimum requirements for the position, or determine whether it constituted a specialty occupation.
We have received an approval for an O-1 for a pharmaceuticals scientist employed by a small company. The case was approved without an RFE where we clearly showed the advanced nature of the work and the qualifications of the beneficiary. The outcome of O-1 visa petitions is always unpredictable, and, as a practical matter, more so where the employer is a very small company. Despite its size, the company was engaged in highly specialized and advanced level work. In addition to the beneficiary’s qualifications, the nature of the work was probably decisive in tippi
We won an EB-1 Outstanding Researcher case for an applicant with a Ph.D. in Experimental Chemical Physics filing under Premium Processing. The case was decided within two days of submission. The applicant had over eleven years of research experience and an abundance of publications as a result of his extensive list of original findings. As a result of the multitude of publications in prestigious, international scientific journals, the applicant’s work was also extensively cited.
Purpose of Form :To provide information on your eligibility to act on behalf of an applicant, petitioner, or respondent.Number of Pages :Form 2; Instructions 3Edition Date :02/28/13. No previous editions accepted.Where to File :
File Form G-28 with the related application, petition, or appeal.
Filing Fee :$0Special Instructions :
It is HIGHLY unusual for a PERM case to have such a convoluted history, but here is one where success came after two denials.
The Committee of Bar Examiners (Committee) — the entity within the State Bar of California (State Bar) that administers the California bar examination, investigates the qualifications of bar applicants, and certifies to this court candidates it finds qualified for admission to the State Bar — has submitted the name of Sergio C. Garcia (hereafter Garcia or applicant) for admission to the State Bar.
We won a case for Outstanding Researcher a Physicist with 11 years research experience. He had 17 publications, a Ph.D. in solar cell research and numerous letters of recommendation from leading scientists around the world. His skills were noted by experts as being scarce in the field .