Criteria for EB-1

J

jsrini77

Registered Users (C)
Hi all,

I am a newbie. Graduated with a PhD in Comp Sc. in 2003, and got my H1 effective this May. I am currently employed in a small (3 person) company. My employer is ready to set the ball rolling for GC processing. I want to try the EB-1 route, but funnily, the lawyer seems to think otherwise. He initially said my "resume currently doesn't support EB-1 or EB-2 processing". On pressing him further, and laying out how the criteria are satisfied (at least in making a credible case in my opinion), he says that he is concerned my recent graduation may cause problems.

Is this true?? Does "when" i graduated make a difference in deciding that i have "extraordinary ability"? Sounds odd...

Any inputs/tips appreciated. Thanks!!

By the way, I think I can make a case based on the following criteria...I would appreciate any comments on the "viability" of these...

A. Prizes and Awards (4 year fellowship + best undergraduate thesis)
B. Evidence of participation in review of others. (reviewer for quite a few conferences/journals)
C. Original research contribution (PhD thesis + author of a now abandoned provisional patent application)
D. Books or articles (over 12 peer reviewed publications)
E. high salaray (at least I think so :-)

Thanks!

-jsrini77
 
jsrini77 said:
Hi all,

I am a newbie. Graduated with a PhD in Comp Sc. in 2003, and got my H1 effective this May. I am currently employed in a small (3 person) company. My employer is ready to set the ball rolling for GC processing. I want to try the EB-1 route, but funnily, the lawyer seems to think otherwise. He initially said my "resume currently doesn't support EB-1 or EB-2 processing". On pressing him further, and laying out how the criteria are satisfied (at least in making a credible case in my opinion), he says that he is concerned my recent graduation may cause problems.

Is this true?? Does "when" i graduated make a difference in deciding that i have "extraordinary ability"? Sounds odd...

Any inputs/tips appreciated. Thanks!!

By the way, I think I can make a case based on the following criteria...I would appreciate any comments on the "viability" of these...

A. Prizes and Awards (4 year fellowship + best undergraduate thesis)
Irrelevant, as these are "student prizes"

B. Evidence of participation in review of others. (reviewer for quite a few conferences/journals)
If you did these for your advisor, does NOT count.

C. Original research contribution (PhD thesis + author of a now abandoned provisional patent application)
Great

D. Books or articles (over 12 peer reviewed publications)
Depends on the journals and also your citation record

E. high salaray (at least I think so :-)
Does not matter for EB1-OR

For EB-1 EA, you need to be "one of the top few" in your field. For EB-1 OR, you need two of the above criteria + be employed in a firm/division that maintains at least 3 FTE's for research. The critereon are pretty well set out at the USCIS home page (USCIS.gov). Above all, you wil need rec letters from your former mentors and people you have not worked with. Good luck. I would also advise getting a different lawyer....

Thanks!

-jsrini77
Click to expand...
 
EB1 criteria

We are in the process of making this application ourselves and I have to say that you seem to not understand the depth of it. Its not enough to have 'high' salary or publications or peer reviews - they all have to be at the absolute top of their field. I think your lawyer may have made a subjective judgment that you've just recenlty graduated and probably can't make a strong case for eb1 (I suspect this is true), but you can definately ask other immigration lawyers for their opinion. You won't find many takers if your case is iffy bec they don't want denials on their hands and it is a LOT of work to prepare an EB1 application. However, I dont' understand his hesistation in an EB2 petition. What exactly is his problem with filing under EB2.
 
jsrini77 said:
Hi all,

I am a newbie. Graduated with a PhD in Comp Sc. in 2003, and got my H1 effective this May. I am currently employed in a small (3 person) company. My employer is ready to set the ball rolling for GC processing. I want to try the EB-1 route, but funnily, the lawyer seems to think otherwise. He initially said my "resume currently doesn't support EB-1 or EB-2 processing". On pressing him further, and laying out how the criteria are satisfied (at least in making a credible case in my opinion), he says that he is concerned my recent graduation may cause problems.

Is this true?? Does "when" i graduated make a difference in deciding that i have "extraordinary ability"? Sounds odd...

Any inputs/tips appreciated. Thanks!!

By the way, I think I can make a case based on the following criteria...I would appreciate any comments on the "viability" of these...

A. Prizes and Awards (4 year fellowship + best undergraduate thesis)
B. Evidence of participation in review of others. (reviewer for quite a few conferences/journals)
C. Original research contribution (PhD thesis + author of a now abandoned provisional patent application)
D. Books or articles (over 12 peer reviewed publications)
E. high salaray (at least I think so :-)

Thanks!

-jsrini77
Click to expand...

They don't care when you graduated.

A. Student prizes, not viable
B. This is definitely good, provided you were asked directly by the organizers/editors and not passed to you by your advisor
C. not viable as the criteria asks for "major significance" (unless your thesis has been cited heavily). Can you file any patents from your PhD?
D. If you have citations to show, at least a few, then probably viable
E. irrelevant for EB1-EA

I would recommend you wait a little bit until you have further built up your resume for EB1-EA. If you wish you could apply for EB1-OR which is probably more easier for you to claim, if you have 3 researchers in the company including yourself.
 
In response to NYCOUPLE

EB1-EA, is a very subjective category. There is no definite yardstick to measure who is at absoulte top of the field or what is "cutting edge field", when it comes to the EB1-EA approval. I know a people who got approved with 2 publications and from so so university to 20 publications from top university. When you are applying for EB1-EA don't compare to other applicants, just go by the advise of the lawyer or do it want you want.
 
Althought technically irrelevant to the EB-1 filing, a very recent graduation date will have an influence on the officer evaluating the case. I think it will be difficult to get an EB-1EA at this point but you may have a chance at EB-1OR, if your job qualifies.
 
Jim Mills said:
Althought technically irrelevant to the EB-1 filing, a very recent graduation date will have an influence on the officer evaluating the case. I think it will be difficult to get an EB-1EA at this point but you may have a chance at EB-1OR, if your job qualifies.
Click to expand...


That is not correct. According to the USCIS page for EB-1 OR: "In addition, an outstanding professor or researcher must have at least three years experience in teaching or research in that academic area". And at http://uscis.gov/graphics/lawsregs/admindec3/b3/index.htm you will find enough cases which were rejected because researcher didn't have three research experience (Ph.D. doesn't count as research experience. It has to be post-doc or industry experience).
Overall I think you don't have chances in EB-1 EA or EB-2 NIW but you will have reasonable chance in three years in EB-1 OR (but no chance now). So it would be a good idea to improve your CV (more paper and patents, independent reviewer etc) and then apply in three years for EB-1 OR.
 
E. irrelevant for EB1-EA

Just one comment: This is in theory relevant for EB-1 EA because one criteria is:

"Evidence that the alien has commanded a high salary or other significantly high remuneration for services, in relation to others in the field"

But we are of course talking about more than just some thousand bucks more
 
honkman said:
That is not correct. According to the USCIS page for EB-1 OR: "In addition, an outstanding professor or researcher must have at least three years experience in teaching or research in that academic area". And at http://uscis.gov/graphics/lawsregs/admindec3/b3/index.htm you will find enough cases which were rejected because researcher didn't have three research experience (Ph.D. doesn't count as research experience. It has to be post-doc or industry experience).
Overall I think you don't have chances in EB-1 EA or EB-2 NIW but you will have reasonable chance in three years in EB-1 OR (but no chance now). So it would be a good idea to improve your CV (more paper and patents, independent reviewer etc) and then apply in three years for EB-1 OR.
Click to expand...


Actually, if your letters docment that the Ph.D. work is "outstanding" and this is from a good school, you should have a good chance at OR. I am in the same boat, less than three years experience after Ph.D. but a few lawyers I talked to were willing to do OR. This is also mentioned in the bylaws of the EB-1 OR category on the USCIS website. The letters MUST address the outstanding nature of your Ph.D. work.
 
honkman said:
That is not correct. According to the USCIS page for EB-1 OR: "In addition, an outstanding professor or researcher must have at least three years experience in teaching or research in that academic area". And at http://uscis.gov/graphics/lawsregs/admindec3/b3/index.htm you will find enough cases which were rejected because researcher didn't have three research experience (Ph.D. doesn't count as research experience. It has to be post-doc or industry experience).
Overall I think you don't have chances in EB-1 EA or EB-2 NIW but you will have reasonable chance in three years in EB-1 OR (but no chance now). So it would be a good idea to improve your CV (more paper and patents, independent reviewer etc) and then apply in three years for EB-1 OR.
Click to expand...

I was thinking of the EB-1EA in that statement. I did not make that clear. Obviously, a certain amount of exerience is required to qualify as an outstandinr researcher or international manager.
 
tony403 said:
Actually, if your letters docment that the Ph.D. work is "outstanding" and this is from a good school, you should have a good chance at OR. I am in the same boat, less than three years experience after Ph.D. but a few lawyers I talked to were willing to do OR. This is also mentioned in the bylaws of the EB-1 OR category on the USCIS website. The letters MUST address the outstanding nature of your Ph.D. work.
Click to expand...


"This is also mentioned in the bylaws of the EB-1 OR category on the USCIS website"
=> I don't say it is wrong but can you show me where it is written on the USCIS webpage because several lawyers I know clearly said that they don't see a serious chance to get OR approved without these three years of experience and all of them said that even letters stating that your Ph.D. was outstanding won't help you. So it might be quite helpful for a lot of people if you could show that there is a way around this problem
 
honkman said:
"This is also mentioned in the bylaws of the EB-1 OR category on the USCIS website"
=> I don't say it is wrong but can you show me where it is written on the USCIS webpage because several lawyers I know clearly said that they don't see a serious chance to get OR approved without these three years of experience and all of them said that even letters stating that your Ph.D. was outstanding won't help you. So it might be quite helpful for a lot of people if you could show that there is a way around this problem
Click to expand...

Check out:
http://uscis.gov/lpBin/lpext.dll/in...mplates&fn=document-frame.htm#slb-8cfrsec2045

i) Outstanding professors and researchers.



(1) Any United States employer desiring and intending to employ a professor or researcher who is outstanding in an academic field under section 203(b)(1)(B) of the Act may file an I-140 visa petition for such classification.



(2) Definitions. As used in this section:



Academic field means a body of specialized knowledge offered for study at an accredited United States university or institution of higher education. Permanent, in reference to a research position, means either tenured, tenure-track, or for a term of indefinite or unlimited duration, and in which the employee will ordinarily have an expectation of continued employment unless there is good cause for termination.



(3) Initial evidence. A petition for an outstanding professor or researcher must be accompanied by:



(i) Evidence that the professor or researcher is recognized internationally as outstanding in the academic field specified in the petition. Such evidence shall consist of at least two of the following:



(A) Documentation of the alien's receipt of major prizes or awards for outstanding achievement in the academic field;



(B) Documentation of the alien's membership in associations in the academic field which require outstanding achievements of their members;



(C) Published material in professional publications written by others about the alien's work in the academic field. Such material shall include the title, date, and author of the material, and any necessary translation;



(D) Evidence of the alien's participation, either individually or on a panel, as the judge of the work of others in the same or an allied academic field;



(E) Evidence of the alien's original scientific or scholarly research contributions to the academic field; or



(F) Evidence of the alien's authorship of scholarly books or articles (in scholarly journals with international circulation) in the academic field;



(ii) Evidence that the alien has at least three years of experience in teaching and/or research in the academic field. Experience in teaching or research while working on an advanced degree will only be acceptable if the alien has acquired the degree, and if the teaching duties were such that he or she had full responsibility for the class taught or if the research conducted toward the degree has been recognized within the academic field as outstanding. Evidence of teaching and/or research experience shall be in the form of letter(s) from current or former employer(s) and shall include the name, address, and title of the writer, and a specific description of the duties performed by the alien; and



(iii) An offer of employment from a prospective United States employer. A labor certification is not required for this classification. The offer of employment shall be in the form of a letter from:



(A) A United States university or institution of higher learning offering the alien a tenured or tenure-track teaching position in the alien's academic field;



(B) A United States university or institution of higher learning offering the alien a permanent research position in the alien's academic field; or



(C) A department, division, or institute of a private employer offering the alien a permanent research position in the alien's academic field. The department, division, or institute must demonstrate that it employs at least three persons full-time in research positions, and that it has achieved documented accomplishments in an academic field.

and http://www.twmlaw.com/new/eb1_2trends.html

Remember: There is no explicit requirement for a graduate degree. The only qualification is to be an "outstanding researcher"

Can Jim Mills also give him opinion?
 
Last edited by a moderator:
tony403 said:
Check out:
http://uscis.gov/lpBin/lpext.dll/in...mplates&fn=document-frame.htm#slb-8cfrsec2045

i) Outstanding professors and researchers.



(1) Any United States employer desiring and intending to employ a professor or researcher who is outstanding in an academic field under section 203(b)(1)(B) of the Act may file an I-140 visa petition for such classification.



(2) Definitions. As used in this section:



Academic field means a body of specialized knowledge offered for study at an accredited United States university or institution of higher education. Permanent, in reference to a research position, means either tenured, tenure-track, or for a term of indefinite or unlimited duration, and in which the employee will ordinarily have an expectation of continued employment unless there is good cause for termination.



(3) Initial evidence. A petition for an outstanding professor or researcher must be accompanied by:



(i) Evidence that the professor or researcher is recognized internationally as outstanding in the academic field specified in the petition. Such evidence shall consist of at least two of the following:



(A) Documentation of the alien's receipt of major prizes or awards for outstanding achievement in the academic field;



(B) Documentation of the alien's membership in associations in the academic field which require outstanding achievements of their members;



(C) Published material in professional publications written by others about the alien's work in the academic field. Such material shall include the title, date, and author of the material, and any necessary translation;



(D) Evidence of the alien's participation, either individually or on a panel, as the judge of the work of others in the same or an allied academic field;



(E) Evidence of the alien's original scientific or scholarly research contributions to the academic field; or



(F) Evidence of the alien's authorship of scholarly books or articles (in scholarly journals with international circulation) in the academic field;



(ii) Evidence that the alien has at least three years of experience in teaching and/or research in the academic field. Experience in teaching or research while working on an advanced degree will only be acceptable if the alien has acquired the degree, and if the teaching duties were such that he or she had full responsibility for the class taught or if the research conducted toward the degree has been recognized within the academic field as outstanding. Evidence of teaching and/or research experience shall be in the form of letter(s) from current or former employer(s) and shall include the name, address, and title of the writer, and a specific description of the duties performed by the alien; and



(iii) An offer of employment from a prospective United States employer. A labor certification is not required for this classification. The offer of employment shall be in the form of a letter from:



(A) A United States university or institution of higher learning offering the alien a tenured or tenure-track teaching position in the alien's academic field;



(B) A United States university or institution of higher learning offering the alien a permanent research position in the alien's academic field; or



(C) A department, division, or institute of a private employer offering the alien a permanent research position in the alien's academic field. The department, division, or institute must demonstrate that it employs at least three persons full-time in research positions, and that it has achieved documented accomplishments in an academic field.

and http://www.twmlaw.com/new/eb1_2trends.html

Remember: There is no explicit requirement for a graduate degree. The only qualification is to be an "outstanding researcher"

Can Jim Mills also give him opinion?
Click to expand...


I know this passage but what I heard from lawyers is that just letters to show that your graduate degree work is outstanding is not enough to avoid the three year rule. If you want to go for outstanding at this level you have to show some more achievements, like prizes etc. (and not only the one for best PhD work at your university but more something on national level). But if your able to show this I would anyway go for EB-1 EA instead of OR. Again I am not saying that it is impossible to go the way you want but by feedback from some lawyers they say that you have to show more in that case then just some letter or better wait 1-2 years and have no problems with the 3 year rule
 
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