Dr. William:

I am now employed by a small start-up company in a full-time position, in the area of engineering material research. I plan to file EB1-OR application, is it a disadvantage if a company is small for the EB1-OR application?

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A:

The EB1-OR application requires a company or university to file a petition on behalf of the beneficiary. Moreover, the petitioner must have offered the beneficiary a permanent, full-time position.

To sponsor a beneficiary for this category, a private company must have at least three full-time research staff with a proven record of accomplishment in an academic field. The petitioner must qualify at the time of filing. Smaller start-up companies may receive more inspections.