EB1B Case and Supporting Documentation

[Kasina]

Hi All,

The university has agreed for to sponsor my OR petition and any suggestions on the below case is helpful

1) Research Articles (8): Graduate Work (5): First: 3, Third: 2
Postdoctoral work (3): First: 1, Equal First: 1, Second: 1

Attonrey Q’s: # of articles is thin, but we can try
My answer: I would like to justify this by providing the # of
publications in the area/s of my work are 9/year, 6/year, 1.5/year, 1/year
(through pubmed search)……Does it works?
Should I wait for my other first author communicated paper also get
accepted too???

2) Book Chapter: 1 co-author

3) Posters: international (3), national (2, India) and institutional (3)
Oral: Institutional (1), National (1, India)
Awards: Institutional Research Excellence award(1),
International (1), though this is a travel award, the certificate does mentions
that it is for outstanding abstract presentation, also got the letter from the
organizing committee saying that my work is in the top 5% of the
abstracts reviewed.

4) ~ 8 letters from experts in the field. My graduate research area is different from the postdoctoral work. I have 6 publications from my graduate work and 3 from my present work (one more communicated).
So, should the letters from experts be from both the research areas or just from the current research area???

5) Citations: Table showing the # of times each of my publication was cited by different countries (indicating international recognition of my work): 35
Table showing the # of times my publication has been cited in each of the citing article: 55
5 articles discuss my work extensively (3-5 lines), in addition to extensively citing my work (~5-10 times in each article).
Can I do it this way???

6) Principal Investigator on a grant: It is actually a postdoctoral award, but according to attorney and also the USCIS, these are not considered for the awards criteria. But, I would like to claim this in recognition of my outstanding research work, because it is relatively hard to get, only ~5/each year, and I am the 1 among the other 6 who got awarded.
I’ll be providing the documentation to show the reputation of the funding agency, criteria for selection, statistics of awards for 3 years (~5-7/year), current positions (almost 70% are in academic positions, and 40 are in director/chairman positions) of past awardees indicating its importance in the Urologic society, and also my name has been widely published in both the funding agency and institutional newsletters (6 times, thus indicating the importance of this award).
Two of my other grants on which I am the PI are pending; one is actually an international award where proposals are called from all over the world. Should I wait for these results and then file???

7) Review work: Reviewed: 5; declined for review: 3, but has the request emails; unattended: 1, has the request email.
Editorial board member
Can get 1-2 letters from the editors
Did anyone successfully claimed the review work/editor for the journals in
Asian Network for Scientific Information
Academic Journals Inc., ???????????

Any suggestions on what supporting documentation should I need to gather to claim the above criteria, and what possible RFE’s I may expect?

Thanks
Kasina

 

[Kariboo]

Just to check: You are planning to apply for the EB1 OR category not the EB2 category?

Question 1) do you have "at least three years experience in teaching or research in that academic area, and enter the U.S. in a tenure or tenure track teaching or comparable research position at a university or other institution of higher education" ? Since that is the underlying qualification.

Question 2) how different is your post doc work from your graduate work? If it is very different then you have to apply based on what you are doing now and plan to keep doing. All your support documentation can only apply to the work that you want the EB1 to be in (f.i. if you graduate work was in economics, but your postdoc work is in physics and you plan to stay in physics -> your EB1 application can only use support documentation about your current and prospective work. Articles you have published in economics for instance don't carry weight for the EB1 in physics). There are of course situations where graduate and postdoc work aren't exactly the same but are generally in the same field, you have for instance started to specialize more and your current work is a natural follow up. In that case all your support docs can be used. Please carefully examine this, applications have been rejected because the supporting documentation did not pertain enough to the current work.

As far as the criteria for EB1OR
1. Receipt of major prizes or awards for outstanding achievement; You don't seem to qualify for this.
Awards: Institutional Research Excellence award(1), Doesn't count since it is not major.
International (1), though this is a travel award, the certificate does mentionsthat it is for outstanding abstract presentation, also got the letter from theorganizing committee saying that my work is in the top 5% of the abstracts reviewed.-> probably not unless you can document that this is something all other researchers in your field aspire to achieve, not just postdocs f.i.

2. Membership in associations that require their members to demonstrate outstanding achievements; You don't calim this

3. Published material in professional publications written by others about the alien's work in the academic field; You don't claim this

4. Participation, either on a panel or individually, as a judge of the work of others in the same or allied academic field;
Review work: Reviewed: 5; declined for review: 3, but has the request emails; unattended: 1, has the request email.
Editorial board member Can get 1-2 letters from the editors. This doesn't seem to set you apart form the majority of researchers in your field. Can you show that this is unusually often to be asked? Or can you show that you have multiple requests to you specifically for your expertise to review. If not you don't qualify under this criterion


5. Original scientific or scholarly research contributions in the field;
~ 8 letters from experts in the field. My graduate research area is different from the postdoctoral work. I have 6 publications from my graduate work and 3 from my present work (one more communicated).
So, should the letters from experts be from both the research areas or just from the current research area??? See my question 2

Citations: Table showing the # of times each of my publication was cited by different countries (indicating international recognition of my work): 35
Table showing the # of times my publication has been cited in each of the citing article: 55
5 articles discuss my work extensively (3-5 lines), in addition to extensively citing my work (~5-10 times in each article).
Can I do it this way??? -> you are confusing me here. What you need to show is that you have made an impact in your field. How many -different- articles refer to your work? You have to exclude self reference and references through your collaborators. Multiple cites in one article don't count extra.

Principal Investigator on a grant: It is actually a postdoctoral award, but according to attorney and also the USCIS, these are not considered for the awards criteria. -correct- But, I would like to claim this in recognition of my outstanding research work, because it is relatively hard to get, only ~5/each year, and I am the 1 among the other 6 who got awarded.
I’ll be providing the documentation to show the reputation of the funding agency, criteria for selection, statistics of awards for 3 years (~5-7/year), current positions (almost 70% are in academic positions, and 40 are in director/chairman positions) of past awardees indicating its importance in the Urologic society, and also my name has been widely published in both the funding agency and institutional newsletters (6 times, thus indicating the importance of this award). -> How does this award show that you are an outstanding researcher and have achieved outstanding work in your field as opposed to giving money for research yet to be done based on a good proposal? If it is the latter USCIS will say that it is normal for scientist to be funded

6. Authorship of scholarly books or articles (in scholarly journals with international circulation) in the field.
Research Articles (8): Graduate Work (5): First: 3, Third: 2
Postdoctoral work (3): First: 1, Equal First: 1, Second: 1
Book Chapter: 1 co-author

My answer: I would like to justify this by providing the # of
publications in the area/s of my work are 9/year, 6/year, 1.5/year, 1/year
(through pubmed search)……Does it works? -> If this is the route you want to go USCIS is looking for instance to referee letters Do these scientists at the level you claim to be at through applying for an EB1 have more or less publications than you? Also you can't narrow your field to the point where there are only a few scientists, they want you to show that you are one of the best in your field within reason. If you want to claim that the number of articles you have published puts you in the top of your field you would have to extensively document and argue that.

Posters: international (3), national (2, India) and institutional (3)
Oral: Institutional (1), National (1, India): These don't count, they are a normal part of your work



Any suggestions on what supporting documentation should I need to gather to claim the above criteria, and what possible RFE’s I may expect? I would suggest that you look at the EB1R criteria closely and see how your work fits into that. How would you argue your case that you are a top researcher in your field? I would try to not get an RFE becasue in my opinion that just flags your case and it will be looked at with more scruteny afterwards. There is a lot of information about what documentation USCIS wants for certain requirements and I would do my best to supply that in the first go at it

ETA: Do you have a job offer for either a tenured or tenure-track teaching position or a permanent research position ? Post doc positions don't count under EB1OR. Your application has to include the job offer written to you (not a letter to USCIS saying they will offer you a job or something like that)

 

[Kasina]

thanks Kariboo for your review of my credentials. Attorney is more towards EB2, and for EB1 OR she is like we may try, but not sure. So, applying for OR


Question 1) do you have "at least three years experience in teaching or research in that academic area, and enter the U.S. in a tenure or tenure track teaching or comparable research position at a university or other institution of higher education" ? Since that is the underlying qualification.
Yes, I do have 3 years of research experience

Question 2) Do you have a job offer for either a tenured or tenure-track teaching position or a permanent research position ? Post doc positions don't count under EB1OR. Your application has to include the job offer written to you (not a letter to USCIS saying they will offer you a job or something like that)
I am not in a postdoc position, in a Research Faculty position (non-tenure track). Offer letter is not a problem, because dept HR and attorney are working together to draft a letter as required for the EB1OR. Also, chairman of the dept, is going to give a letter indicating the permanent nature of my position.

Question 3) how different is your post doc work from your graduate work?
As you said, both are in the same field, but different research areas, one is on a cytoskeletal protein (in relation to breast cancer, cardiovascular) and the present is on on prostate cancer. So, I guess its a follow up.

Please carefully examine this, applications have been rejected because the supporting documentation did not pertain enough to the current work.
You mean to say claiming much of past work, than the present work may lead to RFE

I'll be claiming for

1. Authorship of scholarly books or articles (in scholarly journals with international circulation) in the field.

A)Research Articles (8): Graduate Work (5): First: 3, Third: 2
Current work (3): First: 1 (one more communicated), Equal First: 1, Second: 1
B) Book Chapter: 1 co-author, not the present work, past work

I would like to justify my low # in publications by providing the # of publications in the area/s of my work are 9/year, 6/year, 1.5/year, 1/year(through pubmed search)……Does it works? -> If this is the route you want to go USCIS is looking for instance to referee letters Do these scientists at the level you claim to be at through applying for an EB1 have more or less publications than you? ...sorry Kariboo, I didn't get you from this?

If you want to claim that the number of articles you have published puts you in the top of your field you would have to extensively document and argue that.....any input on how to document this???

C) Posters: international (3), national (2, India) and institutional (3)
D) Oral: Institutional (1), National (1, India): These don't count, they are a normal part of your work.
does poster presentations at international scientific meetings does not count for authorship of scholarly work


2. Original scientific or scholarly research contributions in the field;

A. ~ 8 letters from experts in the field. My graduate research area is different from the postdoctoral work.
Should the letters from experts be from both the research areas or just from the current research area???
See my question 2.....As field is the same, though research area is different, as you said I'll get letters
form top experts in both the research areas

B. Citations: Table showing the # of times each of my publication was cited by different countries (indicating international recognition of my work): 35
Table showing the # of times my publication has been cited in each of the citing article: 55
5 articles discuss my work extensively (3-5 lines), in addition to extensively citing my work (~5-10 times in each article).
Can I do it this way??? -> you are confusing me here. What you need to show is that you have made an impact in your field. How many -different- articles refer to your work? its 35You have to exclude self reference and references through your collaborators. Multiple cites in one article don't count extra.....does extensive citation in one article does not indicate that we have made an impact in our field

C. Principal Investigator on a grant: It is actually a postdoctoral award, but according to attorney and also the USCIS, these are not considered for the awards criteria. -correct- But, I would like to claim this in recognition of my outstanding research work, because it is relatively hard to get, only ~5/each year, and I am the 1 among the other 6 who got awarded.
I’ll be providing the documentation to show the reputation of the funding agency, criteria for selection, statistics of awards for 3 years (~5-7/year), current positions (almost 70% are in academic positions, and 40 are in director/chairman positions) of past awardees indicating its importance in the Urologic society, and also my name has been widely published in both the funding agency and institutional newsletters (6 times, thus indicating the importance of this award). -> How does this award show that you are an outstanding researcher and have achieved outstanding work in your field as opposed to giving money for research yet to be done based on a good proposal? If it is the latter USCIS will say that it is normal for scientist to be funded......this award is considered prestigious in the urological community, any inputs on how to elevate this is appreciated

D. International (1), though this is a travel award, the certificate does mentionsthat it is for outstanding abstract presentation, also got the letter from theorganizing committee saying that my work is in the top 5% of the abstracts reviewed.-> probably not unless you can document that this is something all other researchers in your field aspire to achieve, not just postdocs f.i..........yes, their website itself says its not for just postdocs, but also for junior faculties below the level of asst. professor.......can awards for outstanding abstracts/posters be claimed in support of recognition of my original contributions



3. Membership in associations that require their members to demonstrate outstanding achievements;
Sigma Xi Full Membership

4. Published material in professional publications written by others about the alien's work in the academic field; You don't claim this
will not be using just citations for this....along with that I'll add some publications by others which discuss my work (atleast 3-5 lines) and cited my work extensively


5. . Participation, either on a panel or individually, as a judge of the work of others in the same or allied academic field;
Review work: Reviewed: 5; declined for review: 3, but has the request emails; unattended: 1, has the request email.
Editorial board member Can get 1-2 letters from the editors. This doesn't seem to set you apart form the majority of researchers in your field. Can you show that this is unusually often to be asked? Or can you show that you have multiple requests to you specifically for your expertise to review. If not you don't qualify under this criterion...since june 2009, I got 9 request for review, almost one each month


How would you argue your case that you are a top researcher in your field? I would try to not get an RFE becasue in my opinion that just flags your case and it will be looked at with more scruteny afterwards. There is a lot of information about what documentation USCIS wants for certain requirements and I would do my best to supply that in the first go at it...would it be possible for you to give some input on how and what documentary evidence do I need to show in support my claiming the above criteria



Thanks
Kasina

 

[Kariboo]

thanks Kariboo for your review of my credentials. Attorney is more towards EB2, and for EB1 OR she is like we may try, but not sure. So, applying for OR



Kasina, before I give you more feedback please be clear as to what category you want to file under EB1OR or EB2OR, the criteria are different. Form the above sentence I don't understand which it is. If your attorney thinks EB2 would be better why would you try under EB1?

 

[Kasina]

Kariboo, Its is EB1 OR, outstanding researcher category. EB2 is sure shot, but given the backlog for the indian nationals, we would like to try go for EB1 OR.

 

[Kariboo]

Question 3) how different is your post doc work from your graduate work?
As you said, both are in the same field, but different research areas, one is on a cytoskeletal protein (in relation to breast cancer, cardiovascular) and the present is on on prostate cancer. So, I guess its a follow up. Well, since it is not my field I can't answer this for you. You have to argue to USCIS that it indeed is a follow up and not a different field

Please carefully examine this, applications have been rejected because the supporting documentation did not pertain enough to the current work.
You mean to say claiming much of past work, than the present work may lead to RFE No what I mean is that applications have been rejected because people claimed to be an outstanding researcher based on work they did in the past but now they are working in a different field.

I'll be claiming for


I would like to justify my low # in publications by providing the # of publications in the area/s of my work are 9/year, 6/year, 1.5/year, 1/year(through pubmed search)……Does it works? -> If this is the route you want to go USCIS is looking for instance to referee letters Do these scientists at the level you claim to be at through applying for an EB1 have more or less publications than you? ...sorry Kariboo, I didn't get you from this? Ok, what you are claiming under EB1OR is that you are an internationally recognized outstanding researcher, but you ae also saying that you have few publications and that that is normal for outstanding researchers in your field. If you want to make that argument to USCIS you would have to show that other outstanding researchers in your field (such as the people writing your letters) publish as little as you did or less. If they for instance do publish a lot more - and USCIS will check this- you undermine your argument that publishing little is the norm for outstanding researchers

If you want to claim that the number of articles you have published puts you in the top of your field you would have to extensively document and argue that.....any input on how to document this??? Show that other outstanding researchers in your field publish little in a year, you can use the resume's of your recommendation letter writers for this.

C) Posters: international (3), national (2, India) and institutional (3)
D) Oral: Institutional (1), National (1, India): These don't count, they are a normal part of your work.
does poster presentations at international scientific meetings does not count for authorship of scholarly work Well you have to show that you are an outstanding researcher, so how would your presentations show that it is outstanding?


2. Original scientific or scholarly research contributions in the field;

.does extensive citation in one article does not indicate that we have made an impact in our fieldNot necessarily, more importantly would be citation from unrelated groups

this award is considered prestigious in the urological community, any inputs on how to elevate this is appreciated It may be but you have to show that it is only given to outstanding researchers. You cannot claim it as an award since it doesn't comply with those criteria. If you claim it for contributions to the field you would have to document that this grant is given to you because of what you have already achieved in the field. Not because you wrote a good proposal. You can document this by showing the criteria for the grant and the criteria would have to state that it is only given to outstanding researchers based on their past achievements.


D. International (1), though this is a travel award, the certificate does mentionsthat it is for outstanding abstract presentation, also got the letter from theorganizing committee saying that my work is in the top 5% of the abstracts reviewed.-> probably not unless you can document that this is something all other researchers in your field aspire to achieve, not just postdocs f.i..........yes, their website itself says its not for just postdocs, but also for junior faculties below the level of asst. professor..In that case it is no use claiming it. Again you are claiming to be an outstanding researcher who is internationally recognized in the field. A junior competition does not prove that.....can awards for outstanding abstracts/posters be claimed in support of recognition of my original contributions How would you do that?



3. Membership in associations that require their members to demonstrate outstanding achievements;
Sigma Xi Full Membership Doesn't count.

4. Published material in professional publications written by others about the alien's work in the academic field; You don't claim this
will not be using just citations for this....along with that I'll add some publications by others which discuss my work (atleast 3-5 lines) and cited my work extensively Does not count. The only thing that counts is full articles about you in internationally important magazines

since june 2009, I got 9 request for review, almost one each month Is that more/less/the same as other researchers in your field?


How would you argue your case that you are a top researcher in your field? I would try to not get an RFE becasue in my opinion that just flags your case and it will be looked at with more scruteny afterwards. There is a lot of information about what documentation USCIS wants for certain requirements and I would do my best to supply that in the first go at it...would it be possible for you to give some input on how and what documentary evidence do I need to show in support my claiming the above criteria
Start reading these http://www.uscis.gov/portal/site/us...sors+and+Researchers/Decisions_Issued_in_2009


Thanks
Kasina[/QUOTE]

 

[2nirsv]

Hi Kariboo,
Been reading your extensive replies and quickly wanted to ask your suggestions regarding my application for EB1 - OR. My details are below

1. PhD from a reputed US univ in Dec 2006. - working as a research scientist for a software vendor. I am a research based model developer for the commercial code developing company. I am about 3 years in this new position.
Now, myself and my boss are sitting in the US office and the company is headquartered in europe. The software development unit as such employs ~ 20 PhD senior research guys - very famous.
2. Journals 6 first authored (most of them high impact factor). 2 more in review. Citations: 4 (2 for couple of them)
Conference publications : 12 (peer reviewed)
Conference presentations (international): 14
3. 1 United states patent 2009 assigned to me with # 1 automotive company in the world - completely based on my PhD thesis
- patent has been tested and experimented by another student and he recently received his PhD.
4. Reviewed one journal - has letter of appreciation for that
5. Awards:
Outstanding Graduate Student in the Dept , International Travel Fellowship for conference in Japan (awarded to few participants), Who's Who in America 2009
6. Wrote modeling section in the commercial code manual: This code is internationally used by several automotive companies and they use my model extensively for industrial use (make savings from experiments etc)

Can get recommendation from Europe, Middle East, Japan etc..


Do you think,I should give a shot at EB1 OR from the research institution: I am currently in the automotive field (ups and downs) ..does this help?

Let me know where I need some more improvement.

Regards,

nirs

 

[Kariboo]

Hi Kariboo,
Been reading your extensive replies and quickly wanted to ask your suggestions regarding my application for EB1 - OR. My details are below

1. PhD from a reputed US univ in Dec 2006. - working as a research scientist for a software vendor. I am a research based model developer for the commercial code developing company. I am about 3 years in this new position.
Now, myself and my boss are sitting in the US office and the company is headquartered in europe. The software development unit as such employs ~ 20 PhD senior research guys - very famous.

I think this may be ok for the underlying qualification namely "Outstanding professors and researchers are recognized internationally for their outstanding academic achievements in a particular field. In addition, an outstanding professor or researcher must have at least three years experience in teaching or research in that academic area, and enter the U.S. in a tenure or tenure track teaching or comparable research position at a university or other institution of higher education. 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." However I don't know how that would work for a company whose headquarter is stationed in Europe. The thing is that you have to prove that you are an asset to the US in your position as researcher

2. Journals 6 first authored (most of them high impact factor). 2 more in review. Citations: 4 (2 for couple of them)
Conference publications : 12 (peer reviewed)
Conference presentations (international): 14
This is a little thin, the fact that you have published in high impact factor magazined is not very important. what counts is that you are cited a lot. This does not seem the case. Unless is is not customary in your field to publish/be cited or do confernece publications/presentations. What would be important for this to claim is that you prove you are at the top in your field. So other people at the top of your field would have to be published etc. as little as you
3. 1 United states patent 2009 assigned to me with # 1 automotive company in the world - completely based on my PhD thesis
- patent has been tested and experimented by another student and he recently received his PhD. Not sure about this, What you need to prove is that you have made a significant impact with your patent. So what has it done for the US. Is it being used by this company etc.
4. Reviewed one journal - has letter of appreciation for thatThat won't put you at the top of your field
5. Awards:
Outstanding Graduate Student in the Dept , International Travel Fellowship for conference in Japan (awarded to few participants), Who's Who in America 2009These don't count
6. Wrote modeling section in the commercial code manual: This code is internationally used by several automotive companies and they use my model extensively for industrial use (make savings from experiments etc)This seems like your best claim so far because it is being used and therefore is making an impact. You would have to back this up with evidence though. Is your name in the manual? can you prove companies are using it? Can people attest to the fact that this is outstanding?

The fact is that for EB1OR the same underlying qualification of "researchers are recognized internationally for their outstanding academic achievements in a particular field" applies. So you can't just prove you are good or one of the better people, you have to be recognized internationally and you have to be recognized as the top of your field. This may be the case for you (not too familiar with the field you are in) but you have to write a strong petition arguing just that.



Can get recommendation from Europe, Middle East, Japan etc.. Make sure those recommendations say that you are at the top of your field but also that people back that up. So don't let your referee just write that you have been extensively cited for instance but then your citation record doesn't support that (Unless of course it is exceptional that you are cited 4 times in your field).

So far I can see that you would be eligible for 1 criterion "Original scientific or scholarly research contributions in the field", but you need at least 2 to qualify. It depends on how your field is set up


Do you think,I should give a shot at EB1 OR from the research institution: I am currently in the automotive field (ups and downs) ..does this help? Is there a reason you are not looking at EB2Or? since the requirements for that are lower and I think you would have a better chance.

Hope this helps
kariboo

 

[2nirsv]

EB1/EB2 suggestion

Hi Kariboo,
I again thank you for your very kind time in explaining things out. I have some quick queries.

1. Now, when I write in the manual for the software and that the manual is globally circulated, does this count for the "evidence of international circulation in magazines?"

My model in the manual and in couple of publications can be proven to be the same thing and the fact that my research head will write it out in his ref letter that I developed the model, it should prove that I indeed developed that part.

2. Regarding publications: I have read from posts that the director in USCIS indicate that citations merely dont count. Also, my field is in mechanical engineering and 5-6 publications, I have seen, is good standard..As you indicate importance is to prove in top 2%.

3. My patent is not being put to industrial use yet. I managed to do the entire thesis and make a patent with the company sponsoring the project. Now, i designed it and one of my colleague recently tested and indicated that indeed it works fine. so, thats about the status of the work.

What we have done with my prof is secured funding from automotive industry for that project for about 3 years and on continuously. But the patent "use" in the industry is still (in a commercial sense) is a long way forward to be honest.? So, Cant i never use the patent part in "scholarly contribution?" other than the articles requirement?

4. Also, you make a poiint regarding Eb2 OR. I am an indian national and are the dates for EB2 OR current ? Why is the EB2 OR less intensive than the EB1 part..

kindly enlighten me with your thoughts.

Looking forward to hearing from you in this regard.

nirs

 

[Kariboo]

Hi Kariboo,
I again thank you for your very kind time in explaining things out. I have some quick queries.

1. Now, when I write in the manual for the software and that the manual is globally circulated, does this count for the "evidence of international circulation in magazines?"

My model in the manual and in couple of publications can be proven to be the same thing and the fact that my research head will write it out in his ref letter that I developed the model, it should prove that I indeed developed that part.

What you seem to want to claim this for is " Authorship of scholarly books or articles (in scholarly journals with international circulation) in the field.", the same category that you publications would go into. You sould have to provide proof that this is indeed internationally circulated. What the hangup for USCIS may be (I don't know but it may) is that it is not a scholarly publication, i.e it is not peer reviewed and therefore would not be eligible under this category. Alternatively you could claim it under the "Original scientific or scholarly research contributions in the field", where I think it fits better. Under that category there is no requirement that it is circulated internationally, however to qualify you would have to argue that what you have achieved puts you in the top in your field. So you would somehow have to prove that what you have done is exeptional and not something done by any good worker in your field

2. Regarding publications: I have read from posts that the director in USCIS indicate that citations merely dont count No, but lack of citations can count against you. It is up to you to prove that you are in the top of your field, a lot of citations back that up, so would a lot of publications . If these are few it is up to you to prove that that is not an indication of you being 'ordinary' . Also, my field is in mechanical engineering and 5-6 publications, I have seen, is good standard..As you indicate importance is to prove in top 2%.

3. My patent is not being put to industrial use yet. I managed to do the entire thesis and make a patent with the company sponsoring the project. Now, i designed it and one of my colleague recently tested and indicated that indeed it works fine. so, thats about the status of the work.

What we have done with my prof is secured funding from automotive industry for that project for about 3 years and on continuously. But the patent "use" in the industry is still (in a commercial sense) is a long way forward to be honest.? So, Cant i never use the patent part in "scholarly contribution?" other than the articles requirement? the issue here is that not you but your professor has secured that funding. In effect saying that he and not you is at the top of your field. You can definitely claim it under this category but you will have to explain to USCIS how that makes you exceptional

4. Also, you make a poiint regarding Eb2 OR. I am an indian national and are the dates for EB2 OR current ? Why is the EB2 OR less intensive than the EB1 part.. No I don't believe that dates are current (I checked the visa bulletin the date for Category 2 indian nationals is Jan 05, so about 5 years retrogressed). The difference is that for any EB1 category you would have to prove you are at the top 2% of you field "extraordinary ability in the sciences, arts, education, business, or athletics which has been demonstrated by sustained national or international acclaim and whose achievements have been recognized in the field through extensive documentation." under the EB2 category "for members of the professions holding advanced degrees or their equivalent and whose services are sought by an employer in the United States." it obviously is a lower requirement. If you woudl go for the NIW (self petition) you would have to prove that you have made some impact in your field. Also a lower requirement

 

[saveimmigration]

questions you should ask for EB1B to YOURSELF

1) Do you have 3 year research experience after your education? easy for you
2) Do you have a permenant job offer in a company that hires atleast 3 FULLTIME RESEARCH SCIENTISTS? easy for you
3) Do you satisfy 2 out of 6 criteria? you are set

The above is usually not a problem. The real question is are you INTERNATIONALLY RECOGNIZED. And if your application does not support the INTERNATIONAL ANGLE they will reject you. You need to work on the international angle

1) get letters from recognized experts who speak about your research - this is still partially subjective
2) widespread independent citations or media or awards - leading to what the international experts say.

Therefore the key word here is not outstanding, the key words here is INTERNATIONALLY RECOGNIZED

 

[Kasina]

Yes, I agree with what saveimmigration said.
The IO will strictly go with the file looking for the below in the order of prioriy
1. 3yrs experince
2. Permanent job offer
these two are critical. Even though you fulfill the international recognition, if you do not fulfill 1 & 2, then you are out of the game....

1) Do you have 3 year research experience after your education? easy for you
2) Do you have a permenant job offer in a company that hires atleast 3 FULLTIME RESEARCH SCIENTISTS? easy for you
3) Do you satisfy 2 out of 6 criteria? you are set

The above is usually not a problem. The real question is are you INTERNATIONALLY RECOGNIZED. And if your application does not support the INTERNATIONAL ANGLE they will reject you. You need to work on the international angle

1) get letters from recognized experts who speak about your research - this is still partially subjective
2) widespread independent citations or media or awards - leading to what the international experts say.

Therefore the key word here is not outstanding, the key words here is INTERNATIONALLY RECOGNIZED

 

[2nirsv]

Supporting Documents

Thanks for engaging in the finer details. It is interesting that you guys note that more of an international claim is needed over "oustanding effort" etc.

Here is my dilemma/question: When we write softwares codes and that part of the code is being used by several industries across the world such as in Asia, Europe, Americas etc sometimes, these companies do not publish their work noting the use of the software due to confidentiality problem. I am in a similar state: If I get a letter from those companies indicating that they used a model from the software for their work and that I can prove that, the model is developed by me, should this help in proving my international worth?

As I indicated earlier in my message, I wrote some portions of the manual which are being circulated internationally (I mean software has global presence etc).

And regarding the point stated earlier, I do have > 3 yrs experience and my company would definitely provide me with a letter of permanent employment.

1. Also, My publications are about 6. in fact, I started publishing my work more after graduation in dec, 2006 - and being a new entry in the journals - citations are less (couple of journals carry about 2 each). Any comments here would help as well.

Thanks,

2nirsv