EB-1 or not?

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Hello,

I'm wondering if there is benefit to try EB-1 for J1-waiver applicants if you're NOT from retrogressed country. You still have to have to serve full three year J1-waiver term.

Or just run of the mill EB-2 Perm will achieve the same things.

Please share your thoughts why would one consider EB-1 for these applicants?

Also, does certain specialties, like Anes., Radiology, Cardiology or anyother makes it easier to get EB-1 approved. I'm asking this if SWA comes with salary of $150K, and if these specialists are paid 500 to 600K, does this compensate for some requirements those are required for traditional EB-1's.

Thanks,

 

[happyneige]

Hello,

I'm wondering if there is benefit to try EB-1 for J1-waiver applicants if you're NOT from retrogressed country. You still have to have to serve full three year J1-waiver term.

Or just run of the mill EB-2 Perm will achieve the same things.

Please share your thoughts why would one consider EB-1 for these applicants?

Also, does certain specialties, like Anes., Radiology, Cardiology or anyother makes it easier to get EB-1 approved. I'm asking this if SWA comes with salary of $150K, and if these specialists are paid 500 to 600K, does this compensate for some requirements those are required for traditional EB-1's.

Thanks,

I can only share my own experience on this so please think of the following as my story and not necessarily an advice. I am not from a retrogressed country and am currently going through PERM-based EB-2. The PERM got approved last month and I'm in the process of filing for I-140. I am still under J-1 waiver until July, 07 so the priority date will not kick in until then. Even so, my attorney said that without retrogression, I can have my I-485 and GC approved as early as December, 07. This is encouraging but knowing how USCIS works, I will believe it when I see it.

I also had a talk with my attorney about filing for EB-1 simultaneously. The atty's response was 'give it a try but don't expect much because USCIS has now wised up.' I have primary authorship in several publications and have judged the work of others. Even with all these, my atty still said it probably wasn't enough. Your plan to use the income that is more than the prevailing wage probably won't work because you have to prove that you earn higher income compared to your peers because of your own unique ability. If the employer would hire anyone with the same qualifications for that much money, it won't apply to the criteria.

The bottom line is, without retrogression, you probably don't have to wait that long after the waiver is over under PERM/EB-2. But it doesn't hurt to try EB-1 in the meantime. Hope this helps.