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can engineer file EB1 case
- Thread starter fromEast
- Start date
Originally posted by fromEast
Hello, I'm a senior engineer working in the area of communication systems design. I have an MSEE and several publications(But I'm sure not many people have referenced them). Just wondering whether I qualify to file EB1 case? Any guru here can shed some lights?
EB1 take much longer to process. There is no real advantage going EB1 way (unless you are eligible for NIW or can skip Labor certification). Use EB2.
logicators
Registered Users (C)
I think you can try for EB1 EA
Hi!
If you can qualify atleast 3 out of 10 criteria, you can probably try.
logicators
Hi!
If you can qualify atleast 3 out of 10 criteria, you can probably try.
logicators
logicators
Registered Users (C)
.... also
I am trying the same (it doesn't hurt your employer based GC anyway). I am a Sr. Engineer in CA and won 5 top prizes in 5 years at my country's most competitive software compatetion, have an interview published in my country's most circulated newspaper and have significent contribution to my company's core product. Hoping that they will consider it extraordinary.
If you can also prove that you make more than average salary paid to others in your field in the same geographical region, you can claim another point.
logicators
I am trying the same (it doesn't hurt your employer based GC anyway). I am a Sr. Engineer in CA and won 5 top prizes in 5 years at my country's most competitive software compatetion, have an interview published in my country's most circulated newspaper and have significent contribution to my company's core product. Hoping that they will consider it extraordinary.
If you can also prove that you make more than average salary paid to others in your field in the same geographical region, you can claim another point.
logicators
As I said earlier, EB1 by itself does not get your GC any faster. On the contrary, you will have to supply lot more supporting documentation. Unless you have internationally recognized prizes OR have managerial skills (you can skip labor certification unser these 2 conditions), you are probably better off applying under EB2.
If you look at I-140 processing times, you will notice that EB1 category is slower than EB2 by at least 2-3 months.
EB2 is fairly straightforward and given your MSEE and experience should get approved fairly easily.
Earlier when priority dates where not current, EB1 used to have the shortest wait and then it was probably worth trying for. Now a days all employment categories are current and this advantage is lost.
If you look at I-140 processing times, you will notice that EB1 category is slower than EB2 by at least 2-3 months.
EB2 is fairly straightforward and given your MSEE and experience should get approved fairly easily.
Earlier when priority dates where not current, EB1 used to have the shortest wait and then it was probably worth trying for. Now a days all employment categories are current and this advantage is lost.
Originally posted by ashu62
EB1 category is slower than EB2 by at least 2-3 months.
nkm-oct23,
Do you think one can get labor certification in 2-3 months????
I was NOT talking about Labor certification. Please read me posting again:
"If you look at I-140 processing times, you will notice that EB1 category is slower than EB2 by at least 2-3 months."
I made an error
Sorry my postings were based on incorrect assumptions. EB-1 category DOES NOT require Labor Certification. (I thought they do).
Yes, it makes sense now to try for EB-1 if one is qualified and has enough documentation to meet 3 out of the 10 criteria (as listed on BCIS website). The time saved is =(time for LC-extra time taken for EB-1). Overall one can get GC in around 6-12 months FASTER these days if applied under EB-1.
Once again, I apologize fo the incorrect postings.
Sorry my postings were based on incorrect assumptions. EB-1 category DOES NOT require Labor Certification. (I thought they do).
Yes, it makes sense now to try for EB-1 if one is qualified and has enough documentation to meet 3 out of the 10 criteria (as listed on BCIS website). The time saved is =(time for LC-extra time taken for EB-1). Overall one can get GC in around 6-12 months FASTER these days if applied under EB-1.
Once again, I apologize fo the incorrect postings.
vikkybhatia
Registered Users (C)
Do all EB1 cases get labor waiver? or is it only those cases that quality for NIV? A lot of people could qualify for EB1
beijingsteps
Registered Users (C)
No LC required
No Labor Certificate is requried for any EB1. NIW also does not require LC.
No Labor Certificate is requried for any EB1. NIW also does not require LC.
vikkybhatia
Registered Users (C)
so what does one have to do to file in EB1 category? can I software engineer file in this category? what are the minimum set of requirements one must qualify?
EB1-EA (Exceptional ability)- No LC, No job offer required
EB2-NIW (National Interest Waiver)- No LC, No job offer required
All other catagories requir LC and permanent job offer.
To qualify for these catagories, Ph.D./MS; publications, reviewer of journal, citations, award, etc. are needed.
EB2-NIW (National Interest Waiver)- No LC, No job offer required
All other catagories requir LC and permanent job offer.
To qualify for these catagories, Ph.D./MS; publications, reviewer of journal, citations, award, etc. are needed.
vikkybhatia
Registered Users (C)
what's the difference between EB1-EA and EB2-NIW in that case if neither requires a job offer or LC?
The EB1-EA requires "Extraordinary Ability". Supposedly this means that you are at the very top of a particular field. As a practical matter, what it means is that you satisfy at least 3 or 10 criteria (INS has said that just because you satisfy three of the ten criteria does not necessarily indicate extraordinary ability but it's rare for a case to be denied when three of the ten criteria are met. If a person has won a Nobel Prize then they qualify based on that award alone.
The NIW focuses more on the benefit to the US and less on the qualifications of the individual. The person still needs very strong qualifications to convince INS that the person's work is truly in the national interest. The NIW category is somewhat more amorphous and gives the INS official adjudicating the case more discretion in my opinion.
The NIW focuses more on the benefit to the US and less on the qualifications of the individual. The person still needs very strong qualifications to convince INS that the person's work is truly in the national interest. The NIW category is somewhat more amorphous and gives the INS official adjudicating the case more discretion in my opinion.