EB-1 denied due to employer lacking of publications

[jilh]

We hired a scientist with O-1 visa two year ago (company provided all the documents). This scientist applied green card (EB-1) last year. This week he recived a letter rejecting his application. The reason is not about his personal qualification but is about the company. Letter says company had no publications although we provided the copies of US patent applications.

We are a small R&D company with no budget for and work plan for any kind paper writing. Can INS use "without publication" as the only reason to turn down the EB-1 type application?

This scientist is very important to our company. What shoul we do to let INS reconsider this decision?

Thanks for your help.

[dealsnet]

You want him to work with GC or just want to keep him working. ?
Eventhough the GC application is denied for EB1, you can process EB2 or keep him O-1 or H1B. For EB1, there will be strict rules by USCIS. If your company didn't meet the criteria for it, forget about it. Do it in EB2.


We hired a scientist with O-1 visa two year ago (company provided all the documents). This scientist applied green card (EB-1) last year. This week he recived a letter rejecting his application. The reason is not about his personal qualification but is about the company. Letter says company had no publications although we provided the copies of US patent applications.

We are a small R&D company with no budget for and work plan for any kind paper writing. Can INS use "without publication" as the only reason to turn down the EB-1 type application?

This scientist is very important to our company. What shoul we do to let INS reconsider this decision?

Thanks for your help.