Can I do EB1-OR by myself?

T

thankyouverymuch

New Member
Does anybody know if I can apply for EB1-OR category by myself? My employer has agreed to sponsor this application. I do not want to hire a lawyer to do that. I am wondering if there is anyone who had this experience. What are special requirements for this category in terms of the documents, which are different from EB1-EA? I would appreciate your advice. Thanks
 
No.

If your employer is the petitioner and you are the benificiary. Your employer or its representative (lawyer) has to file I-140. This is true for EB1-OR case. (Some lawyers say self-petition is allowed for this category.)

For EB1-EA @ EB2-NIW cases, an alien is allowed to file immigration petition (I-140) for himself/herself. In this situation, the self petitioner is also the benificiary.

The chance of approval with the employer being the petitioner is greater than self-petition.
 
to Kentucky

Hi, Kentucky,
I have two question to ask you:

If my empolyer is the petitioner, does he need a lawyer? My means is that he is not only a petitioner but also is a representativer, is it Ok?
Another question is that EB2-NIW can also be applied by my employer although it is Ok for self-petition because you said "the chance of approval with the employer being the petitioner is greater than self-petition".

Thank you very much in advance.
Liu
 
sure, you can. Mine got approved

Actually I did OR by myself: I preapred all the documents and got approved at NSC. The only thing you need from your employer is:
(1) to sign I140
(2) a job letter including job title, function, salary, permanent/fulltime, your research area. Better from your CEO,CFO or a high level officer in your company
(3) tax return forms
(4)some evidence that your company has at least 3 researchers. In my case, I collected 4 publications some of the engineers published in my company. also the employer letter clearly stated we have many researchers.
(4) ETA B form are not absolutely needed. In my case, I downloaded that form and fill it---this is nothing to do with the employer.

You don\'t need lawyer as long as you understand what you need to present. No secret at all if you spend some time to investigate through various channals.

Hope helpful.
 
By having employer sing I-140, technicaly you are sponsored by employer, thus not a self-petition.

EAA and OR are similar, but also bear significant differences:
1. You can self-petition for EA, but not OR. Thus if your file your I-485 based on your EA (self-petitioned), you may change job as long as you work in the same field. For OR, you have to stick to the same employer.
2. EA is for people extraordinary in science, arts, performance, sports etc. So you do not need a Ph.D. to apply for EA. Many employer-sponsored EA filers are supermodels, actors/actresses and sports stars. A gold medal in a major international sports event is equivalent to a Nobel prize or a major Academy award, which is considered to be sufficent evidence for EA -- if you have one of these, you don\'t need any other supporting documents.
3. By definition,OR filers need to be outstanding in research, so they usually should have an advanced degree. But technically, OR filers need to prove their research project is most advanced in the US (with the help of their employer), they do not have to prove that they themselves are the top 1% scientists. Thus OR seems to have a slightly lower requirement than EA.
4. My opinion: if you think you can stay with your employer for at least 1.5-2 years, go with OR; otherwise, go for EA.
 
Question

What position were you on when you applied for your -140? I am a Post Doctorate Fellow at a Unive. and my I-140 just got RFE saying I am not qualified among the small % at the top of this field. Do you think I should try to apply again in Outstanding Researcher category? Should I apply in a different category, like NIW maybe? I basically applied in extraordinary ability without a job offer. Would appreciate any help.
 
Who is going to receive RN? Is the person who signed I-140 form?

Hi, Patford

Thanks for your information. I am doing EB-OR by myself. As a matter of fact, I am just waiting for two more letters from England and France. The director of my department has signed the I-140 form and provided me two letters: one confirming job title, function, salary, permanent, my research area, the other one as recommendation stating my research ability. I have a question for you.Who is going to receive RN? Is the one who signed the I-140 or the one whose name on the cover letter of petition?

Would you mind tell me how did you handle that? Does it matter whose check for filling fee? Or do I have to get the check from my employer?

Your reply will be very helpful and appreciated.
 
midewest: this was what I did

(1) the person signed 140 should receive notice from INS. This person must be your employer, or the director in your case.
(2) just write a personal check from you. I sent my own check.
(3) even you did everything by yourself, this is still employer sponsored petition. Pls let me know if you need more help.

Good luck.

Patford
 
No Title

Patford;

As you saying, the receive notice will still be mailed to the director even though my supervisor,not the director, will write the cover letter of petiotion. Is it OK that my supervisor write the cover letter?

Thanks a lot for your valueable information.

midwest
 
midewest: yes, your supervisor can do

I think it\'s ok that your supervisor writes a cover letter
and your director signs it. The director who provides the address in the top part of 140 form, pg 1 (I forgot it\'s column 1 or 2)In my case, I did the cover letter and signed the cover letter.

Good luck
Patford
 
No Title

If you write your address on the first page where they ask for corresponding address, the INS will forward the notice, RFE etc (i.e., all correspondence) directly to you. It does not have to be your employer even if it is EB1-OR.
 
You must log in or register to reply here.
Top