EB1 Chances

D

dxp764059

Registered Users (C)
Hello,

I would appreciate if you could advise me about my chances of qualifying for EB1:

My Profile:

1. M.S. Degree holder from US
2. O1 Visa
3. 9 journal publications
4. 7 Conference Talks
5. 14 Conference Proceedings
6. 4 Granted US Patents, 15 filed
7. 40 Citations
8. Peer Review for 4 international journals


Many thanks.
 
dxp764059 said:
Hello,

I would appreciate if you could advise me about my chances of qualifying for EB1:

My Profile:

1. M.S. Degree holder from US
2. O1 Visa
3. 9 journal publications
4. 7 Conference Talks
5. 14 Conference Proceedings
6. 4 Granted US Patents, 15 filed
7. 40 Citations
8. Peer Review for 4 international journals


Many thanks.
Click to expand...

Most important for EA and OR is that you get excellent reference letters from top scientists in your research area who never worked before with you from all over the world. Since you don't have a PhD it is even more important that they describe that you belong to the top 2% in your field. I think with a good petition you have goof chances in OR but not so much in EA. Any national/international price and/or special membership would be really helpful for EA. Get very good reference letters and try OR
 
dxp764059 said:
Hello,

I would appreciate if you could advise me about my chances of qualifying for EB1:

My Profile:

1. M.S. Degree holder from US
2. O1 Visa
3. 9 journal publications
4. 7 Conference Talks
5. 14 Conference Proceedings
6. 4 Granted US Patents, 15 filed
7. 40 Citations
8. Peer Review for 4 international journals


Many thanks.
Click to expand...

I don't think it matters whether you are MS or PhD for EA. Also, I don't know what the implications are with O1 visa (i.e., whether or not you can file for immigrant visa). In case O1 is no issue, then

3+4+5+7 should demonstrate: proof of authorship of scholarly articles of significance. make sure to include solid ref. letters and record from worldcat etc. of journals

6 should demonstrate: original scientific contributions can be shows as long as your patents have (are) been (being) used in industry

6 should demonstrate: possibly critical role in distinguished org., if those patents are being used or licensed in distinguished org.

8 should demonstrate: judge of work of others as long as these have not been passed down to you by your advisor. specifically the editor/assoc. editor should have requested these from you where you don't have a direct contact with the editors. make sure to include letters from editors stating you were selected because of your expertise in this area, as well as journal info from worldcat.

You can satisfy the required at least 3 with solid ref. letters, and maybe even 4 for EA. Good luck.
 
The petitioner appears to meet only 2 criteria authorship and judge of others, which are good for OR but not EA. Strong reference letters may help with scholaely contributions. However, patent is not important for scholarly contributions nor for leadership role.
 
topew said:
The petitioner appears to meet only 2 criteria authorship and judge of others, which are good for OR but not EA. Strong reference letters may help with scholaely contributions. However, patent is not important for scholarly contributions nor for leadership role.
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I believe you are confusing between "original contributions" category and "scholarly articles" category. Looking at AAO decisions I have observed that patents are appropriate for the original contributions category. Often times this category was shot down by the USCIS as, according to them, the patents listed and argued for by the petitioner were not widely used or licensed and hence had no significant impact.

Also, the requirement for EB1-EA states clearly, "leading or critical role for org. having dist. rep". If these patents have generated significant business for an org. and if the org. has a dist. rep. then I feel he has a case as he would have likely played a critical role in this dist. org. (of course this has to be supported by relevant docs such as letters from company officers, financial reporst of the relevant org(s) etc.).
 
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GSXR1000 said:
I believe you are confusing between "original contributions" category and "scholarly articles" category. Looking at AAO decisions I have observed that patents are appropriate for the original contributions category. Often times this category was shot down by the USCIS as, according to them, the patents listed and argued for by the petitioner were not widely used or licensed and hence had no significant impact.

Also, the requirement for EB1-EA states clearly, "leading or critical role for org. having dist. rep". If these patents have generated significant business for an org. and if the org. has a dist. rep. then I feel he has a case as he would have likely played a critical role in this dist. org. (of course this has to be supported by relevant docs such as letters from company officers, financial reporst of the relevant org(s) etc.).
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I have not confused the "(1) authorship of scholarly articles" with " (2) original and significant contributions." AAO, which you refers to, makes the distinction and quite often does not accept patents as evidence of 2 as you indicated. I agreed with your additional statements on the critical role.
 
Recommendation Letters

How many letters of recommendations should I target for the OR category? Thanks for your help.
 
dxp764059 said:
How many letters of recommendations should I target for the OR category? Thanks for your help.
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3-4 from your former supervisors and 6-7 from idenpendent scientists around the world in academia and industry. And make sure that they know what they have to write for your recommendation letter. The wording is extremely important.
 
honkman said:
3-4 from your former supervisors and 6-7 from idenpendent scientists around the world in academia and industry. And make sure that they know what they have to write for your recommendation letter. The wording is extremely important.
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I do not know where this guideline came from.
All of my friends got approval with 5-6 letters in total, 3-4 from advisors/co-workers and 1-2 from others. They all applied for OR class.
They all have phd but not from your typical top schools.
Only 5-20 citations and none had patents. Their letters had candid wordings
not like those sample letters with overboarding styles....
 
fdfd said:
I do not know where this guideline came from.
All of my friends got approval with 5-6 letters in total, 3-4 from advisors/co-workers and 1-2 from others. They all applied for OR class.
They all have phd but not from your typical top schools.
Only 5-20 citations and none had patents. Their letters had candid wordings
not like those sample letters with overboarding styles....
Click to expand...


Advice from my lawyer. Of course you can get approved with less recommendation letters but that was his advice to be on the safe side. And I know cases where 1 or 2 recommendation letters from independent researchers were not enough and RFE came up.
 
dxp764059 said:
Do you think having an O1 visa will help me in any way my EB1 Application?
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It will help, but it is not sufficient. You must make a case for each petition.
 
honkman said:
Advice from my lawyer. Of course you can get approved with less recommendation letters but that was his advice to be on the safe side. And I know cases where 1 or 2 recommendation letters from independent researchers were not enough and RFE came up.
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I think lots lawyers are asking for overboarding style.
Our corporate lawyer asked me a minimum of 5 letters.
She expected a "stellar" recommendation letter only from my ex-advisor.
For other letters, she only wanted me to make sure they exaplain
clearly about my research contribution.
She thinks it's unethical to push for certain wordings or something similar
and I agreed with her.
 
fdfd said:
I think lots lawyers are asking for overboarding style.
Our corporate lawyer asked me a minimum of 5 letters.
She expected a "stellar" recommendation letter only from my ex-advisor.
For other letters, she only wanted me to make sure they exaplain
clearly about my research contribution.
She thinks it's unethical to push for certain wordings or something similar
and I agreed with her.
Click to expand...


I think every lawyer has a different opinion but I definitely haven't to push for certain wording from any person who wrote me an recommendation letter. And I still think 1 or 2 letter from independent scientists is often not enough and you are simply pushing your luck and I think it is also a bad advice from your lawyer.
 
There is no requirement for letters of recommendations. I got my NIW and EB1 EA approved without them. Your cover letter and existing supporting documentations carry far more weight.

However, if you are going to have letters of recommendations go for quality rather than quantity. 4 to 5 strong letters from independent referees will do more good than 10 to 15 average letters
 
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