EB-1(a), A2 status, and current/future employment

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ChrisV

Registered Users (C)
Hi!

New to this forum, but impressed by the quality and quantity of the information given! I am starting the process of filing for an EB-1(a) by myself.

I am currently working in the US (has been for more than 10 years) as a foreugn government scientist and since 2003 as CEO of a US-based international non-profit research organization.

I intend at some point to move away from my foreign government job to move to a US university department or resarch organization, hence the desire to get a green card without strings attached to any special place for now.

Two questions:
- Has somebody any experience of going for an EB-1(a) while working in the US with an A2 visa?
- I saw mentioned a few times on this forum the importance of the desire to keep working (or come to work) in the US. By which document should such a statement be substantiated?

Thanks!
Chris
 
Chris,

Can't help you with A2 visa info, but as far as intent to continue working in your field, quoting I-140 - "Such evidence may include letter(s) from prospective employer(s), evidence of prearranged commitments such as contracts, or a statement from the alien detailing plans on how he or she intends to continue work in the United States". For my case, I included copies of current contracts regarding my work in my field. Good luck!
 
Last edited by a moderator:
suggestion

If you are from a non-retrogressed country (i.e., if you don't hail from India, China or Mexico) you will be better-off applying under EB2 regular or EB2-NIW. You are chances would be pretty strong under these two categories. You will go through labor, but still you will surely make it. That is just my two cents. Feel free to consult with a lawyer.

Cheers

ChrisV said:
Hi!

New to this forum, but impressed by the quality and quantity of the information given! I am starting the process of filing for an EB-1(a) by myself.

I am currently working in the US (has been for more than 10 years) as a foreugn government scientist and since 2003 as CEO of a US-based international non-profit research organization.

I intend at some point to move away from my foreign government job to move to a US university department or resarch organization, hence the desire to get a green card without strings attached to any special place for now.

Two questions:
- Has somebody any experience of going for an EB-1(a) while working in the US with an A2 visa?
- I saw mentioned a few times on this forum the importance of the desire to keep working (or come to work) in the US. By which document should such a statement be substantiated?

Thanks!
Chris
Click to expand...
 
Below is the statement from my letter, I did not use any other document.

But first I cited the law
*********************************
Pursuant to § 204.5(h)(5) of the 8 CFR, the petition must be accompanied by clear evidence that the alien is coming to the United States to continue work in the area of expertise. Such evidence may include letter(s) from prospective employer(s), evidence of prearranged commitments such as contracts, or a statement from the beneficiary detailing plans on how he or she intends to continue his or her work in the United States.

The statement from the beneficiary Dr. XXXXX XXXXX (also the petitioner) in regard to § 204.5(h)(5) of the 8 CFR is in the section IV of this document.
**********************************
****************************************
I plan to continue research in the field of ***** in one of the following settings (a) in a university as a faculty, (b) at a national research laboratory, (c) a private research foundation or (d) an industry.

I plan to continue using ***** skills (a) to investigate ****,(b) in the field of ****, and (c) in *****; with focus on the field that suits my future job profile.
***************************************





ChrisV said:
Hi!

- I saw mentioned a few times on this forum the importance of the desire to keep working (or come to work) in the US. By which document should such a statement be substantiated?

Thanks!
Chris
Click to expand...
 
Well, I thought that one can get an EB2 either with a job offer or with a NIW. I checked the NIW in my case, and it is not that obvious that I would go through easily.

I have an important national award, tens of refereed papers, hundreds of citations, two papers in Nature and one in Science. I have been in a couple of NSF review committees for big US laboratories, and I am managing a leading research institute in my field. It seems to me that an EB-1(a) is not out of reach.

Any advice?
 
Consult

ChrisV

Defenitely don't take what I say or anyone else to heart. Our opinions are just that opinions...you will be best served by contacting an attorney and get a consult. A consult will cost couple of 100 dollars, which they will waive if you do the case with them, but even if you plan on doing it yourself, it would be good get a consult. They can look at your entire file and make a professional judgement.

Best wishes

ChrisV said:
Well, I thought that one can get an EB2 either with a job offer or with a NIW. I checked the NIW in my case, and it is not that obvious that I would go through easily.

I have an important national award, tens of refereed papers, hundreds of citations, two papers in Nature and one in Science. I have been in a couple of NSF review committees for big US laboratories, and I am managing a leading research institute in my field. It seems to me that an EB-1(a) is not out of reach.

Any advice?
Click to expand...
 
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