Any chance of an EB1 or NIW?

[CAMcD]

Hi all,

I'm confused (and pleased!) to see some of the posts here - my company's lawyer told me not to pursue EB1 and/or NIW, but they are also not pursuing labor cert on my behalf, so need to start something.

I graduated with a PhD in Chem. Engineering in 1991 from a university in Canada, and have a subsequent Masters (2002) in System Design and Management from MIT (joint Eng. and Mgmt degree). I am currently employed by a large company who are willing to provide supporting materials for my EB1 application. Have 23 years experience as an engineer.

1. Registered Professional Engineer (in Canada) which requires exam and peer review; Membership in SETAC (Society of Environmental Toxicologists and Chemists) which requires 3 years experience and at least one publication in the field; Director of local chapter of INCOSE (International Council on System Engineering)

2. Supervised 3 graduate students thesis work, 2 in Canada 1 at MIT (current)

3. 5 published papers in peer reviewed journals (most primary or sole author); 14 peer reviewed research papers published by government agencies (~8 primary author), 3-4 conference proceedings, one business school case study (Sloan)

4. low 6-figure salary, but that isn't high these days, is it?

5. Have worked in chem. eng., toxicology, now in systems engineering. Current research (at MIT) was in Unmanned Aerial Vehicles (of great interest to the US government now), specifically in system integration. Uniquely qualified here, but can't get job because no green card (ITAR issue). So working for big IT company now, but doing research in management and systems issues.

6. Hey, I also perform a pretty important role in Boy Scouts - I am a Scout leader licenced to train other Scout leaders, which is pretty rare (but probably not relevant).

7. I see lots of people talking about letters of reference. I know I can get more than 10 from people at NASA + all the big defense contractors. I can also get more than 10 from toxicologists. They all know me through work, but not all know me personally (ie we aren't friends, just know through work) - I don't know how you get references from people who don't know you at all?? Unless they are colleagues of people you know??

I'd really appreciate anyone with some expience going though this, ideally similar to mine, could comment on which I might pursue, if at all. Thanks for any help - CA

 

[honkman]

Hi all,

I'm confused (and pleased!) to see some of the posts here - my company's lawyer told me not to pursue EB1 and/or NIW, but they are also not pursuing labor cert on my behalf, so need to start something.

I graduated with a PhD in Chem. Engineering in 1991 from a university in Canada, and have a subsequent Masters (2002) in System Design and Management from MIT (joint Eng. and Mgmt degree). I am currently employed by a large company who are willing to provide supporting materials for my EB1 application. Have 23 years experience as an engineer.

1. Registered Professional Engineer (in Canada) which requires exam and peer review; Membership in SETAC (Society of Environmental Toxicologists and Chemists) which requires 3 years experience and at least one publication in the field; Director of local chapter of INCOSE (International Council on System Engineering)

2. Supervised 3 graduate students thesis work, 2 in Canada 1 at MIT (current)

3. 5 published papers in peer reviewed journals (most primary or sole author); 14 peer reviewed research papers published by government agencies (~8 primary author), 3-4 conference proceedings, one business school case study (Sloan)

4. low 6-figure salary, but that isn't high these days, is it?

5. Have worked in chem. eng., toxicology, now in systems engineering. Current research (at MIT) was in Unmanned Aerial Vehicles (of great interest to the US government now), specifically in system integration. Uniquely qualified here, but can't get job because no green card (ITAR issue). So working for big IT company now, but doing research in management and systems issues.

6. Hey, I also perform a pretty important role in Boy Scouts - I am a Scout leader licenced to train other Scout leaders, which is pretty rare (but probably not relevant).

7. I see lots of people talking about letters of reference. I know I can get more than 10 from people at NASA + all the big defense contractors. I can also get more than 10 from toxicologists. They all know me through work, but not all know me personally (ie we aren't friends, just know through work) - I don't know how you get references from people who don't know you at all?? Unless they are colleagues of people you know??

I'd really appreciate anyone with some expience going though this, ideally similar to mine, could comment on which I might pursue, if at all. Thanks for any help - CA

1) Membership has no use for OR or EA since you are not invited by the society and I assume you are paying membership fees.

2) No real use for EA or OR because you "only" supervised three grad students over 10 years and I assume that you were also supervised by your PI at the same time.

3) Good but since you changed your research field quite a bit over the years how many of these papers are for which research field.

4) no use since average salary

5) Here is your biggest problem, of course that is only my opinion and I am not a lawyer. You simply changed your research area way too often for EA or OR. (Chem Eng. to Tox to Unmanned Aerial Vehicles to research in managment issue in about 12 years) The USCIS will always argue that you can't become an outstanding scientist in one research area if you only worked for 3-4 years in it (and to be honest I think this is correct). For NIW it is hard to say but since you are not able to find a job it looks like that your work can be done by american or other foreign workers otherwise you would work in the field you worked at MIT.

6) Not relevant

7) Since all your reference letters are from persons you know through work they are more or less useless. What you need are lettera from persons who never met you or worked with you. You simply get them by looking who is an expert in your field all over the world and write them an email, explain why you contacted them and what you want. And hopefully they will help you and write you a reference letter. This is quite timeconsuming but the only way to do it. But again like at 5) for NIW, EA or OR your are applying only for one research area (tox or Unmanned Aerial Vehicles or research on management issues) so all these letters have only to focus on your outstanding accomplishment in this particular field.

Overall I think that you have hardly any chance for EA or OR since you changed your research fields to often and to drastically so that the USCIS will always argue that you can't be outstanding without focussing on only one research area. You might have a very slim chance for NIW if you are able to get very, very good reference letters stating that you are in one research area more or less unique i the whole world and essential for the US. But you obviously have to work later in this area. I think by far your best chances are with LC.

 

[CAMcD]

Thanks

Thanks, helpful.

Actually, when I was supervising graduate students I was the PI, forgot to mention that I was an adjunct professor during this time. Don't think it makes a difference, though. I have been PI on more probably 5 research projects, and very little of the research was conducted while I was in attendence at a University - the research was all government or private-funded research contracted to a private research company (where I worked).

 

[honkman]

Thanks, helpful.

Actually, when I was supervising graduate students I was the PI, forgot to mention that I was an adjunct professor during this time. Don't think it makes a difference, though. I have been PI on more probably 5 research projects, and very little of the research was conducted while I was in attendence at a University - the research was all government or private-funded research contracted to a private research company (where I worked).

The critical question for you is: Were all this projects in one research field (Tox or Unmanned Aerial Vehicles) or in both of them ? And do you plan to work again in this particular field again if you apply for green card based on this field ? If yes you might have a chance in NIW, if no LC is the best way.