Home  William's Answers for Immigration and Visa Questions  |  Google+  Facebook  Twitter
Does It Weaken My EB1-OR Case If My Employer Is a Small Start-up Company?

Hi William,

I received an RFE on my EB1-OR application, they asking the question about the my employer's "academic tracking records," and if my job is "permanent". My employer is not a university. It is a small start-up company with 8 employees total, 4 of them are PhDs and engaged in research, with strong financial potential. 

I am getting 3 additional reference letters to respond to the RFE, and my employer is willing to say that my employment is "permanent/indefinite". But does it weaken my EB1-OR case if the employer is not a university, but a small start-up company? Thanks in Advance.


The EB1-OR petition can be filed by a private company, if it has at least 3 full-time researchers, and the company as a whole has contributed significantly to academic research. The latter could be a problem for a small start-up company. 

Many small start-up companies do not publish academic papers. They develop products to sell in the market, or provide services to others. Also, for EB1-OR petition, it is not enough if the three researchers have academic tracking records. The company as a whole should have tracking records also. For a startup company, it is difficult to meet this requirement.

For your case, you need to provide evidence of your academic achievement and your company's academic tracking records, including other researchers' academic contribution to the field. Also, you may want to get an reference letter from your VP or HR office, saying that your job is stable and "permanent", which is required by the EB1-OR regulation.

Questions & Answers for Green Card Application
EB1 Extraordinary Ability (EB-1A)
EB1 Outstanding Professor / Researcher (EB-1B)
EB1 Multinational Executive or Manager (EB-1C)
EB2 National Interest Waiver (NIW)
Form I-485 Adjustment of Status
PERM Labor Certification
Form I-140 Application after Labor Certification
Request For Evidence (RFE) for EB1, NIW, L1 Visa
Questions & Answers for Working Visa Application
J-1 Waiver of 2-Year Home Residence
H-1B Visa Application or Extension
O-1 Visa Application or Extension
L-1 Visa Application or Extension
P-1, P-2, P-3 Visa Application or Extension
William's Answers for Immigration Questions
Home Page

For All Your Immigration and Green Card Application Needs
EB-1A sample of reference letter graphic © Green Card Application Service, www.greencardapply.com