EB1-OR Question

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brewtus

Registered Users (C)
I am thinking of applying for EB1-OR. My NIW petition has been approved already.

I work for a private automotive research and development consulting firm. We do experimental research and development projects for all major automotive companies, EPA , national labs etc. Can I apply for EB1-OR from this firm though its not a national lab or university? Its more like a provate research lab.

In the EB1-OR packet what all is needed from the employer and what do we have to show about the employer?

Thanks
 
EB1-OR is for academic-type research, not "development" research. As long you publish as part of your job, and your company fulfills the EB1-OR criteria you should be able to apply. IBM, for example, submits a ton of EB1-OR for their people, because they tend to participate in academia and publish a ton of papers. Apple on the other hand doesn't use EB1-OR because they are more inward-directed with their R&D (a friend just tried to get his EB1-OR there and the lawyers told him to forget about it).
 
Following up on this: Can I submit OR through a consulting company? I am employed by this company but work at a govt agency. The company employs numerous scientists involved in full time research - but the company itself has no standing on its own (unlike GE or IBM). Two attorneys I talked to said the opposite - one said Yes, another said No.
 
madmonkey said:
Following up on this: Can I submit OR through a consulting company? I am employed by this company but work at a govt agency. The company employs numerous scientists involved in full time research - but the company itself has no standing on its own (unlike GE or IBM). Two attorneys I talked to said the opposite - one said Yes, another said No.
Click to expand...
r u getting pay stubs from them, then yes. if not then no.
 
not sure i am clear - i get pay stubs from the consulting company, not govt. I take it, your response is no - cannot apply OR?
 
Again, the question is what kind of research do you do? Research as in advanced development, or research as in you publish papers? If its the latter and the job is permanent (or you can convince the company to write that down for you), you should be able to apply for OR.
 
yeah, the job is permanent - so the company will write for me. and research is fundamental - basic measurement research at a national lab. My concern is this statement in USCIS website:

"If the employer is a private company rather that a university or educational institution, the department, division, or institute of the private employer must employ at least three persons full time in research activities and have achieved documented accomplishments in an academic field"

My company, although employs 100 people in research activity - does not by itself have documented accomplishments because it is a staffing company...hence the question.
 
you can only file OR through the people who pay you.
Let me make it clear,
if you r being paid by the consulting company u can only file OR through them.
if u r being paid by the national lab, then if they agree they can file your case.

in either case, OR is filed by the host institution and not by the individual/beneficiary.

it will b little difficult to convince USCIS that the consulting company does any full time research.
 
Thanks NIW_help, yeah i realize only the consulting company can sponsor OR - and I was also little sceptical as to how to convince uscis on research done at staffing company. So, was wondering if anyone has some experience on that. Thanks again, and please do share any inputs.
 
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