chances for eb1

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waivermd

New Member
Could you guys tell me if it is worth to apply for eb1?
I am doing a J-1 waiver.

- I have completed a fellowship and I am an assistant professor of medicine.
- I have 6 articles published in good journals (5 as first author). Some of them have been referenced. One of them have several references but I am not the first author. I have 14 letters or presentations in national meetings. One book chapter in my home country. One book chapter in press in USA.
- I am peer reviewer for 3 journals (all of them top).
- I have awards of best intern and best resident, but no "national awards".
- Salary is average.
- Letters probably from people who know me, but I do not think from people who do not know me but "have heard of achievements".
Could you please advice me?
Thanks in advance
 
From what I understand it is getting harder and harder for physicians to get EB-1's. The problem is that your 'competition' are lab-rat type researchers with scores of papers and prizes.
Things like fellowship training don't matter for EB1. They are considered a pre-requisite for your job and don't proove anything 'extraordinary'.

Otoh.
All the OR's I have heard about so far came through. The formal backing of a university expressed in the OR petition seems to do the job. Also, the formal requirements are a bit less stringent (2 instead of 3 of the categories).

Universities can file 'special handling' labor certifications for faculty members. They just have to proove that there was a competitive selection process, they don't have to proove that there was nobody else fulfilling the minimum requirements.

Another option is a NIW petition. There are specialist NIW petitions that have been approved without the 5 year wait deal that the underserved area business brings with it.
 
waivermd

hi ! i m in the process of preparing my eb1 EA petition, i have also completed my fellowship. i am just starting and woul dlike some guidance about preparing reference letters. Do you think u can show me some of ur letters ?

Any help would be appreciated, thanks !
 
Thank you for your input guys. Sounds like I should give it a try, although chances are not 100%
nk04 I have not started any process yet and I do not have any letters to share
 
waivermd said:
Thank you for your input guys. Sounds like I should give it a try, although chances are not 100%
nk04 I have not started any process yet and I do not have any letters to share
Click to expand...

Most of the EB-1 filings for physicians that I have handled have involved MDs working at teaching hospitals. Frankly, it sounds as if your qualifications, while impressive, are not out of the ordinary for a physician and certainly do not indicate that you are at the very top of your field as required for an EB-1. You can, of course, file for whatever benefit you would like but I think approval of an EB-1 is somewhat unlikely.
 
several years ago (1998) when i started my J-1 waiver job I too contemplated on filing EB1. My qualifications were similar (only difference I had 10 papers in peer reviewed journals). After consulting anattorney and reviewing the requirements I decided not to do so, mainly because I was unsure of getting letters from people who did not know me but were acquainted with my work and were willing to vouch to my extraordinary ability ( In addition i frankly did not feel my own conscience allowed me to feel extraordinary) I went ahead with EB-2 labor and within 11 months of filing the I485 I received my approval ( with no hassles and a clear conscience)
 
Well done schandrag, coming to the original question from waivermd he is on J visa presently doing a waiver job if he takes a chance at EB1 what does he have to loose? Maybe if he first gets classified as O-visa it will help?
 
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