do i meet requirements for EB1-OR

H

hp18

Registered Users (C)
Do i meet the requirements of EB1-OR:
* 2 yr MS thesis
* 2 yr Engineering development work in fortune 500 company
* 2 publications, 2 presentations
* 3 patents
* membership in two organizations that are fee-based

I simply meet 2 criteria (authorship of scholarly articles through 2 publications and original scientific work through 3 patents). My patents and research can directly be associated with environmental and public safety. I do have a permanent position at my company. I could get good recommendation letters from colleages at work, my graduate professors and two unbiased industry-experts. Do i stand a good chance of qualifying under EB1-OR or am i pushing the OR-case. My lawyer thinks it is OK to move forward.
 
hp18 said:
Do i meet the requirements of EB1-OR:
* 2 yr MS thesis
* 2 yr Engineering development work in fortune 500 company
* 2 publications, 2 presentations
* 3 patents
* membership in two organizations that are fee-based

I simply meet 2 criteria (authorship of scholarly articles through 2 publications and original scientific work through 3 patents). My patents and research can directly be associated with environmental and public safety. I do have a permanent position at my company. I could get good recommendation letters from colleages at work, my graduate professors and two unbiased industry-experts. Do i stand a good chance of qualifying under EB1-OR or am i pushing the OR-case. My lawyer thinks it is OK to move forward.
Click to expand...

Patents aren't a good evidence for original scientific work since it is not peer reviewed. Everybody can submit patent applications without doing great science. USCIS really doesn't like patents. To prove original scientific work you need excellent reference letters from top guys in your field (industry and academia from around the world, not just US). Only two independent is definitely not enough, the other from your own circle are pretty much useless. Very important to show your scientific impact is the nimber of citation from your two papers (citation where your work is discussed in detail is more important). Memberships which are fee based are not relevant for USCIS. Overall it might be very tough for you to get OR. You should try to get excellent independent reference letters (with comments that you belong to the best 2% inyour field etc.) and try to work as a referee for a journal.
 
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* 2 yr MS thesis
This is general; You can explain which area your MS is and
how you were outstanding in that area of research.

* 2 yr Engineering development work in fortune 500 company
I am not sure how this will help unless you prove that it is top compnay and you are top personal in that XYZ area.

* 2 publications, 2 presentations

Honestly too less for OR

* 3 patents

Holds value only if they are granted and used in the industry with high rewards.

* membership in two organizations that are fee-based

fee based doesnot carry any value

II do have a permanent position at my company.

That will help

I could get good recommendation letters from colleages at work, my graduate professors

Will not impress USCIS officer

Well, overall It will need lots of trick and skills to present your case for OR. I am not sure about the impact of your research & patents. If it is good that might help. As Honkman said your case will realy a lot on good letters from top people of your field.
 
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I would rather wait and get more credentials and then submit a strong application.

this would be better than trying just for the sake of it, even if you self prepare and dont spend much. but remember the amount of time and effort this needs, and if denied it may not be a good precedent for applying again.
 
I would say PHD degree for outstanding category is essential. Based on my comapny 's attorney, all the outstanding cases are based on a PHd degree.
 
hp18 said:
Do i meet the requirements of EB1-OR:
* 2 yr MS thesis
* 2 yr Engineering development work in fortune 500 company
* 2 publications, 2 presentations
* 3 patents
* membership in two organizations that are fee-based

I simply meet 2 criteria (authorship of scholarly articles through 2 publications and original scientific work through 3 patents). My patents and research can directly be associated with environmental and public safety. I do have a permanent position at my company. I could get good recommendation letters from colleages at work, my graduate professors and two unbiased industry-experts. Do i stand a good chance of qualifying under EB1-OR or am i pushing the OR-case. My lawyer thinks it is OK to move forward.
Click to expand...

Ph.D. is NOT essential for OR.
Is your position a research based one? If not, you will not qualify for OR anyway. Engineering can be tricky to present to USCIS.
 
hp18 said:
Do i meet the requirements of EB1-OR:
* 2 yr MS thesis
* 2 yr Engineering development work in fortune 500 company
* 2 publications, 2 presentations
* 3 patents
* membership in two organizations that are fee-based

I simply meet 2 criteria (authorship of scholarly articles through 2 publications and original scientific work through 3 patents). My patents and research can directly be associated with environmental and public safety. I do have a permanent position at my company. I could get good recommendation letters from colleages at work, my graduate professors and two unbiased industry-experts. Do i stand a good chance of qualifying under EB1-OR or am i pushing the OR-case. My lawyer thinks it is OK to move forward.
Click to expand...

If your (company sponsored) lawyer says OK,
I guess it doesn't hurt much to try it.
You can also file EB-1 NIW and even EB-2 all simultaneously
as a safety. You just need to take some time to prepare evidences.

In my compnay, there are many guys got EB-1 OR approvals.
Most of them has just a few publications and a few citations.
They didn't even have many letters from independent researchers.
(In fact, some had just letters from their advisors and people they
work with).

But they all had PhD's. PhD satisfies one prong of evidences
comfortably. PhD usually involved new research nobody has ever
touched.

In your case, I think you have to focus on why your research
has been valuable and recognized as outstanding one in your field.
I think you'll have to show you've been doing quality research
rigorously.

Good luck,
fdfd
 
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I think, if you can get strong enough evidence and letters to support that you are outstanding in your field, then it does not matter whether you have PhD or not. But over all looking at your qualifications, it will be hard to convince that you are outstanding in your field. Citations are important, but I think USCIS looks for citations that specifically mention you or your work.. not just a passing reference. Best way would be to get strong letters from your citing authors who do not know you personally and but can comment on your work (take about 8-10). Is it your company lawyer or some one you are paying? If its someone you are paying.. then probably he is just trying to get your monie. Also, make sure your attorney has successfuly filed cases in OR/NIW category.
 
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