Does Organization Matter?

F

fos2

Registered Users (C)
I am having a very odd situation, i work for the federal government as a health scientist, my recent discussion with our Immigration officer opened up a new issue.

a. My employer (federal government) will not apply for Eb1 B but support EB1 A (extraordinary ability) which is perfectly ok with me. But ironically EB1A doesnot require a sponsor and what my organization mean by sponsor is they will pay the application fee.

b. They will not hire any lawyers but i am responsible for getting all the papers and they will write up the cover letter. Here comes the worst part. I saw their standard cover letter template and i was stunned. They had a 2 page letter that said the following "XXX" is filing the I-140 on behalf the applicant "Dr.xyz". The applicant claims under the following x out of 9 categories to qualify as an alien of EA. Under each category, they had the exhibit # and one line description

c. At the end of the cover, they had 2 paragraphs about the organization and they are keen on having me to continue the critical work the applicant is doing...

Given the above fact, i asked them if i create a coverletter with the help of my lawyer and give it to them, they will not accept that. And they said no lawyer should be in the scene if they are going to apply..

Question to the gurus here is

a. Will sending an app EB1 using the signature from a reputed federal agency help? Given the fact, i have recos and other important awards, papers and full time job offer letter in the organization,

should i use a lawyer and file outside? I have filed my NIW earlier thru my lawyer. I am from a retrogressed country...

Any suggestions will help?

Fos...
 
If your credentials are strong enough you need not care about that.I suggest NOT to apply through them especially with a template like you mentioned.If you present your case well through a good attroney you will get through.The cover letter and your presentations are very critical for Eb1 and for any petition.This is my opinion...
 
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You could consult with a lawyer about your case: that whether a cover letter like that from your federal government helps your EB1A.

I personally doubt it. You don't need them to pay for the application fee (which is not a lot, it's the legal fee that costs, but they don't pay). For EB1A, you don't need any sponsorship, what you need is a well written cover letter and evidences of course, which you can only get from either your intensive study (self petition) or a good lawyer. I don't believe that any HR guys or any immigration guys in an institution would be more updated than you or than your lawyer. You only need them when you have to use them like Labor Certificate and EB1B. Even for that, you have to make sure that everything is correct and that they only provide the signatures.

My personal experience with the HRs and immigration guys in my institutions (two): one made simple typo on my prevailing wage on the I-140 form, case denied; one urged me to switch to EAD right after I got my I-140 approved, while I still had three years on my H1B.

I did EB1A by myself. This forum is very helpful. Good lawyers are helpful too. For my RFE, I retained a lawyer to write up the response letter. But I prepared all the documents and revised the response letter and found typos mistakes in the lawyer's original draft.
 
You can choose to include that letter that they give you if you wish, it may not hurt, but under no circumstances can it be the cover letter. The main cover letter is something the lawyer should draw up. This letter you refer to can just be a tangential part of the application, should you choose to include it at all.
 
Well, a first step could be to ask your employer their track record EB1-EA-wise...

Now, if you have the credentials you suggest, you don't even need a lawyer. I found the preparation of the file in many ways less demanding than a big grant or a proposal for the use of a big facility.

I have not been on the forum recently, so I don't know about the current trend. As long as you understand the criteria, claim only those for which there is no doubt, and put the right support documentation, it is a simple process.

Even when your case is border line, I think the applicant is the best one to know what to say about his/her accomplishments...

The forum is full of resources if you need information on practicalities, including on how to put your file together etc...

Aloha,
Chris
 
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