Ekaterina L Powell's Legal Cases (10)

Immigration

EB-2 National Interest Waiver for Entrepreneur and Software Product Developer

Jun 30, 2015

OUTCOME: Case approved in 9 months after RFE.

Field of Work: COO, Founder and Head of Product of a company developing online real-time collaboration software product. Qualifications & Achievements: Bachelor’s and Master’s Degrees in Engineering ... majoring in Computer Science, Probabilities and Statistical Analysis and Entrepreneurship. Petitioner has developed several successful high-tech startups before starting his most recent business. Evidence supporting the case: 7 Support Letters from Business Experts and Investors, evidence of Awards for Achievements in the field of entrepreneurship and product design, published articles about the petitioner and the products developed by the petitioner, evidence of speaking engagements, examples of the petitioner’s work product and about the enterprises founded and directed by him and the products developed, materials about the petitioner’s most recent company, evidence of its commercial success, evidence of partnerships, information about investments, clients and product usage statistics. Comments: Petitioner is the developer of a real-time productivity application, a unique software product. His main responsibility includes overseeing development of the product. Petitioner’s company has received many awards for excellence in the field of high-tech innovations. The company has raised over $3 million in financing from venture capitalists. The company has multiple partnerships and its product is being widely used by multinational giants as well as small businesses.

Immigration

EB-2 National Interest Waiver for Entrepreneur in the field of Outdoor Fitness Equipment Distribution

May 21, 2015

OUTCOME: Case approved in 7 months after RFE

Field of Work: COO and Co-Founder of a company specializing in outdoor fitness equipment distribution in the U.S. Qualifications & Achievements: No formal degree – the case was based on Exceptional ... Abilities, with evidence of 10 years of work experience, national recognition of the company’s products, widespread popularity and commercial success of the company’s products. Evidence supporting the case: 12 expert opinion letters, including letters from customers and government agencies that have used the products of the company, information about the company and its products, corporate and financial documentation, published articles featuring the products, evidence of commercial success and national distribution of products, including information about distributors, examples of projects completed with purchase agreements and orders, and informational articles about prevalence of obesity and benefits of outdoor exercise. Comments: Petitioner is an entrepreneur who founded the company and directed it for 7 years. He conceptualized and commercialized the lines of outdoor fitness equipment, including the innovative wheelchair accessible product line, which have gained wide popularity among customers in the U.S. Fitness equipment has been used by local governments, municipalities, schools, senior facilities, parks, recreational centers, the U.S. military, and businesses across the U.S. The company’s products have enjoyed commercial success and have been frequently featured in the media. Petitioner’s leadership and his way in transacting business were crucial in the company’s success. The company distributes its products throughout the U.S., facilitating fighting obesity and improving the overall health, fitness and wellness of the population, job creation and economic development.

Immigration

EB-2 National Interest Waiver for Neuroscience and Neuroimmunology Researcher

May 15, 2015

OUTCOME: Case approved in 4.5 months. No RFE.

Position Title: Postdoctoral Research Associate Field of Work: cellular neurobiology and neuroimmunology, the interaction between the nervous and the immune systems, and the role of receptors implicat ... ed in cellular processes of healthy and diseased brain. Qualifications & Achievements: Bachelor of Science degree in Biochemistry, Master of Science in Biology and Health Science, PhD in Neuroscience and Pharmacology. Petitioner has presented her work at many scientific conferences and meetings. Her pioneering research has resulted in invitations to become a peer reviewer for the top-ranked scientific journals including Frontiers in Synaptic Neuroscience. Petitioner has published articles in the highly renowned scientific journals, such as Journal of Neuroscience, Proceedings of the National Academy of Sciences (PNAS), Cell, Journal of Cell Science, Current Biology, and Journal of Biological Chemistry, just to name a few. Petitioner’s work has been widely cited. Evidence supporting the case: 8 Expert Opinion Letters, publications and poster presentations, citation search results showing over 540 citations, evidence of selected 50 citations, grants and awards, publications featuring Petitioner’s work, confirmation of membership in professional associations, invitations to present at conference, to publish articles and to serve as a peer-reviewer, and evidence of serving as a peer-reviewer. Comments: Petitioner’s work is related to the study of cellular mechanisms and physiological roles of receptors in CNS and the interactions between the nervous system and the immune system. Petitioner’s research has led to better understanding of the functioning of the nervous system and improved diagnostics and prevention of many neurological disorders. Petitioner’s contributions to the field of neuroscience have received international acclaim and the results of her work are now being used by many other researches in the field furthering biomedical research and drug discovery.

Immigration

EB-2 National Interest Waiver for Entrepreneur and Engine Machining Expert

May 08, 2015

OUTCOME: Case approved in 10 months. No RFE

Field of Work: CEO and President of a company specializing in engine machining technology for automotive repair. Qualifications & Achievements: MBA and Bachelor’s in Business Administration, numerou ... s patents for the technology. The technology developed and sold by Petitioner’s company has achieved great commercial success, is distributed internationally, and has received many national and international awards. Evidence supporting the case: 19 Expert Testimony Letters, patents, information about the business and the products, corporate and financial documentation, testimonials of customers, awards, published articles featuring the technology, materials from companies that use the technology, evidence of commercial success of technology and its worldwide distribution in the form of trade references, contracts with distributors, selected customer contracts and purchase orders, and information articles about engine repair process. Comments: Petitioner has conceptualized, developed and commercialized numerous proprietary engine machining technologies through his company that have been widely around the world. The technology developed and sold by Petitioner’s company is unique and contributes to engine’s efficiency, fuel economy, cost savings and reduction in emissions. Petitioner’s technological innovations are protected by numerous U.S. and foreign patents. Because of Petitioner’s exceptional abilities in engine machining engineering and his entrepreneurial skills, his company has grown to become a worldwide leader in engine machining field with presence in over 40 countries and is widely used by OEMs, engine rebuilders, motorsport industry, and military.

Immigration

EB-2 National Interest Waiver for Cancer Biomarker Scientist

Jul 22, 2013

OUTCOME: Case approved in 4.5 months. No RFE.

Position: Postdoctoral Scholar - California Field of Work: Cancer biomarker discovery Qualifications & Achievements: PhD and Master’s in Bioanalytical Chemistry, Bachelor’s in Chemistry. Eight ye ... ars of bioanalytical research experience including biomarker discovery. The scientist has developed bioanalytical platforms for early detection of breast cancer, prostate cancer, ovary cancer and multiple sclerosis. The scientist’s findings have been used and relied upon and have been tested in other studies. Evidence supporting the case: 5 publications; over 220 citations; 6 conference presentations; 6 expert opinion letters; multiple research grants, including evidence of funding by NIH, National Cancer Institute and a number of other organizations; several honors and awards, an article about the scientist’s research achievements; memberships in professional associations; invitations to publish articles, to join laboratories, and to present at conferences. Comments: Expert Opinion Letters came from diverse geographical sources and explained the scientist’s contributions in detail, emphasizing the fact that the applicant’s research had already been used and applied in the field of biomarker discovery, thus justifying projections to the future benefit to the U.S. national interests.

Immigration

EB-2 NIW for Chronic Pain Researcher

Jun 04, 2013

OUTCOME: Case approved in 8 months. No RFE.

Position: Research Assistant Professor – Arizona Field of Work: Mechanisms and pharmacology of experimental pain models, including pancreatitis-induced pain and pancreatic-cancer-induced pain Qua ... lifications & Achievements: PhD in Medical Pharmacology and MD. The scientist has made important discoveries in the study of the mechanisms that drive pain induced by chronic pancreatitis and in patients suffering from pancreatic cancer. In addition, the scientist has developed methods for assessment of pain and has made important findings that could help support a novel method of treatment of pain for patients with chronic pancreatitis. Evidence supporting the case: 6 co-authored articles; 3 co-authored book chapters; over 35 citations multiple presentations at conferences; 13 Expert Opinion Letters; evidence of peer-review of articles; reprint requests for publications; graduate fellowship award; invitation to submit articles for publications; invitations to present at a conference; letter of support for the research grant. Comments: The client came to us after having been denied 4 times (!), including two National Interest Waiver cases, Outstanding Researcher case and an appeal. Before coming to us, client was represented by a famous large law firm. The client was desperate as she was about to exhaust all her time on H-1B and it was against the employer’s policy to petition for a green card through the regular PERM process. We carefully examined the case to identify the reasons for previous denials and the ways to overcome them. It became obvious to us that it was not that the scientist was unqualified for the category that has caused the denial, but it was the fact that the adjudicators were unable to see the importance of the scientist’s past achievements from the evidence presented to them. Specifically, when we looked at the Expert Opinion Letters submitted with the previous cases, we immediately were drawn to the fact that most of the letters came from the scientist’s past and present supervisors, collaborators and described the applicant’s achievements in general terms without providing enough details on the scientist’s specific contributions, their impact on the field of research, and other important points. Unfortunately, a lot of very important details that could explain to USCIS why the scientist’s work is so important were not mentioned in the letters or anywhere else within the case. Far too often we see well qualified individuals coming to our office after having been denied because of incorrect presentation of evidence that could be avoided with the right legal assistance. Expert Opinion Letters are very important for NIW as they bind the whole case together and thus attorney guidance in drafting the letters is essential. We decided to proceed with EB-2 NIW for our scientist as the evidentiary standard is lower than for Outstanding Researcher category. That NIW was the client’s last hope. After careful review, we developed a strategy for the case, identified a number of independent experts who could provide their supporting letters for the scientist’s new case, and provided extensive guidance on what to address in those letters. In addition, we supplemented the case with other available evidence of recognition in the field, and the result was…….SUCCESS!

Immigration

EB-2 National Interest Waiver for Neuroscience Researcher

Apr 29, 2013

OUTCOME: Case approved in 3 months. No RFE.

Position: Research Associate - California Field of Work: Developmental Neuroscience Qualifications & Achievements: PhD in Molecular Cell Biology, magna cum laude, MS and BS in Biology. The scient ... ist has studied and identified the role of certain transcription factors that control the correct behavior of embryonic and neuronal stem cells to orderly develop into the brain and nervous system. He has discovered a novel neurodevelopmental concept that plays an important part in the structure of the brain. Evidence supporting the case: 7 authored and co-authored articles; 1 book chapter; 63 citations; 13 conference presentations; 11 expert opinion letters; invitations to serve as a peer-reviewer in scientific journals; graduate fellowship award; honorable mention as an outstanding postdoctoral mentor; reprint requests for publications, invitations to present at conferences and submit articles for publication; evidence of a research grant; and memberships in professional associations. Comments: The case was supported by 2 letters of experience from Nobel Laureates. One of the articles published received a distinction as the 4th most cited article of all times. One of the scientific presentations of the researcher was identified as “Particularly important development in the field” by Faculty of 1000, which is one of the largest directories of scientific articles and medical research publications.

Immigration

EB-2 National Interest Waiver for Probiotics Scientist

Apr 19, 2013

OUTCOME: Case approved in 2 months. No RFE.

Position: Industrial Postdoctoral Fellow - Pennsylvania Field of Work: Probiotics Research Qualifications & Achievements: PhD in Immunology and Molecular Biology and MS in Microbiology, and BS in ... Biological Studies. Several years of experience researching probiotic strains for human and animal health. The scientist studied the interactions of the beneficial bacterial with the bacterial pathogens and identified several probiotic strains to prevent and treat viral and bacterial pathogens. Evidence supporting the case: 10 co-authored articles; over 46 citations; 20 presentations; 6 expert opinion letters; invitations to serve as an academic editor and peer-reviewer in 4 scientific journals; articles featuring the researcher’s scientific contributions; and memberships in professional associations. Comments: We filed this case after getting O-1 Extraordinary Ability Visa Petition approved for the client. The client had significant achievements in the field of probiotic research, including identifying the probiotic strains to treat pregnant women and newborns from Group B Streptococci (GBS) infection, lethal C. difficile infection, deadly swine virus, and against three major viruses of dogs. The scientist’s work had already been used, which helped in showing past impact on the field of research.

Immigration

EB-2 NIW for Medical Scientist

Jun 08, 2012

OUTCOME: Case approved in 7 months. No RFE.

Position: Medical Scientist - California Field of Work: Pain Management Qualifications & Achievements: Medical Doctor with a specialization in Anesthesia, Pain Management Studies. In the beginnin ... g of his career, the scientist’s work was focused on the research, characterization and development of treatments for neuropathic pain derived from neurologic injuries of different origins, including ischemic stroke, Parkinson’s disease, Alzheimer’s disease, traumatic brain injury, spinal cord injury and peripheral nerve damage. The scientist has developed 2 unique pain management mechanisms. The first one was a unique technique for visceral pelvic cancer pain control that was adopted internationally and became thereafter a classic citation in every work related to pelvic cancer pain in the world. His second original work was development of perineal pain control technique in cancer patients. Evidence supporting the case: 16 authored and co-authored articles; over 200 citations; numerous presentations; 11 expert opinion letters; several honors and awards; and memberships in professional associations. Comments: The scientist’s numerous achievements related to the beginning of his career. Since then however he turned from pain management research to clinical work. He was coming to the U.S. to engage in stem cell research. Despite the fact that the scientist had not engaged in research for many years, we were able to underline the importance of his past contributions and to show the connection between his work and the proposed employment. We have explained that the combination of the scientist’s skills, knowledge, and expertise as the clinician in the field of neuropathic pain, and as a researcher in the field of diagnostics and pain management, are invaluable for the new area of stem cell research, which objective is to find new alternatives treatments for neuropathic pain, unveiling the mysteries surrounding the neuropathic pain, and improving its diagnostics.

Immigration

Family Reunited After 10 years of Separation - I-212 and I-601 Success Story

N/A

OUTCOME: approved

The client came to us with a particular sad story and a difficult case, which required filing of both I-212 permission to reapply for admission and the I-601 waiver. Back in the days, Enrique came to ... the U.S. without inspection to enroll in English classes where he met his would be wife Samantha. In a year, Enrique had to leave the U.S. to go to Mexico to visit his family. When he tried to come back to the U.S. using a false border crossing card, he was ordered removed from the U.S. Enrique was given a 5-year bar from entry into the U.S. At that time Enrique did not know that by presenting the false border crossing card, he also became subject to a misrepresentation bar (INA 212(a)(6)(C)(i)), which is waiverable only if Enrique could prove extreme hardship to his U.S. citizen spouse. In addition, Enrique was in the U.S. illegally for over a year before he left to Mexico and then tried to reenter the U.S., which made him subject to another permanent bar (INA 212(a)(9)(C)), which is waiverable only after a passage of 10 years being outside of the U.S. This second bar is the scariest in the immigration law as the foreign national cannot seek admission to the U.S. until after 10 years have passed. This bar applies even though the foreign national is married to a U.S. citizen. At the time, the couple did not know all that. They thought that after 5 years Enrique would be able to come back to the U.S. At first, Samantha tried moving to Mexico to be with Enrique but she was unable to find employment there. The couple’s house was robbed and they were under severe financial hardship. 5 years have passed and the couple sought the advice of an immigration lawyer who told them that Enrique in fact cannot come back to the U.S. for another 5 years. Samantha decided to find a job in the U.S. but commute to Mexico on a regular basis. She moved to the border city San Diego, CA and Enrique moved to Tijuana, Mexico to be closer to each other. The couple decided to start a family and their son was born. Samantha’s teaching job required her to work long hours. Constant border crossings started wearing Samantha down allowing her only 4 hours of sleep each day. Samantha struggled to keep up with her job, her parent responsibilities but she soon developed a serious medical condition that required her attention and in addition their son was diagnosed with autism, which required treatment in the U.S. After some time, Samantha lost her job teaching and took a part-time position in the school office, a position that was less demanding but less paying. After the couple had their second child, an unplanned pregnancy, the life has gotten even harder. Unable to cope with the life conditions anymore, Samantha moved to Midwest to get some help from her parents. It was a hard decision for Samantha to move away from Enrique. This is when Samantha reached out to our office. I was the attorney handling the case and determined that Enrique now qualified to apply for I-212 permission to reapply for admission together with I-601 waiver for misrepresentation. I prepared an extensive case showing extreme hardship Samantha would experience if Enrique was not allowed to return to the U.S. With the case, I provided documentation to show that relocating to Mexico is not an option for Samantha due to her chronic illness that gets aggravated while she is there, due to unavailability of special autism treatment for the couple’s son, due to Samantha’s inability to continue her career, strong family and community ties in the U.S. and other important factors. I also explained the hardships Samantha would suffer if she continued living by herself in the U.S. raising both children including their son with autism, trying to keep up with her job and managing the financials. Enrique is now back with his family. No words can describe how happy I am to see that our client was finally able to immigrate to the U.S. after so many years of desperation and that another family is finally reunited.

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