EB1-EA or EB1-OR or NIW

G

gerd35

Registered Users (C)
Dear friends, please evaluate my case.
I have:
-Ph.D. from a top German university
-2 year post doc in UK and 1 year in US
-18 published papers in international journals
-10 papers in conference proceding
-more than 40 citations
-referee of 6 journals
-chaired several sessions in conferences
What are my chances for EB1-EA category.
 
gerd35 said:
Dear friends, please evaluate my case.
I have:
-Ph.D. from a top German university
-2 year post doc in UK and 1 year in US
-18 published papers in international journals
-10 papers in conference proceding
-more than 40 citations
-referee of 6 journals
-chaired several sessions in conferences
What are my chances for EB1-EA category.
Click to expand...

I would try EB-1-OR first if have a sponsor. You also have good standing in EB-EA. As for NIW, USCIS doesn't care too much how strong you are in the field, but you must satisfy the check points for NIW(http://qunsoft.50megs.com/cgi-bin/framed/2130/immigration/USA/eb2-niw/index.html).
 
gerd35 said:
Dear friends, please evaluate my case.
I have:
-Ph.D. from a top German university
-2 year post doc in UK and 1 year in US
-18 published papers in international journals
-10 papers in conference proceding
-more than 40 citations
-referee of 6 journals
-chaired several sessions in conferences
What are my chances for EB1-EA category.
Click to expand...

Your qualifications are quite strong. I believe you can easily qualifye for EB1-EA as well as EB1-OR. You may get lot of information about the step-by-step procedure from DIY literature available in the internet.
 
alex2 said:
Your qualifications are quite strong. I believe you can easily qualifye for EB1-EA as well as EB1-OR. You may get lot of information about the step-by-step procedure from DIY literature available in the internet.
Click to expand...
Thanks for very useful information.
 
> -Ph.D. from a top German university

I guess that qualifies as an 'advanced degree'. What field are you in ?

> -2 year post doc in UK and 1 year in US
> -18 published papers in international journals

All peer-reviewed ?

> -10 papers in conference proceding

Are these abstract type deals or short papers. Was there a peer-review process involved before they were included ?

> -more than 40 citations
> -referee of 6 journals

I assume these are journals with an international distribution (as opposed to german journals). Where you specifically nominated/invited to become a referee. Apparently they start to care about the quality of the journals for EA cases now.

>-chaired several sessions in conferences

Again, I assume you were formally invited to do that by the respective professional society and you can provide letters to support that.

> What are my chances for EB1-EA category

Sounds like the stuff they are looking for in EA and OR cases. I am not an attorney and I don't think anybody here can give you a %age of success for your particular case. The INS/CIS works in an utterly unpredictable way. I have seen a case approved fo OR on someone who hadn't even published a real paper and the job title was 'research associate'. On the other hand, people with your background have been denied with the most ridiculous explanations by the service.

Can you rustle up letters of support from people around the world and in the US who haven't directly worked with you but are familiar with your scientific achievements ? The more prominent the better. The informal rules for EA is that you are in the top 2% of your specialty, how they want to assess that is a mystery to me.

NIW is more dependent on having an actual position here in the US and an area of work that can fulfill these bizarre 'NYS-DOT' rules.

The best odds seem to be OR cases if a university is willing to sponsor (as opposed for 2 person run 'research institute') Unfortunately many of the universities have hang-ups about the requirement of offering a 'permanent' position. Sometimes they balk and say that they only do that for tenure-track people.

Schick mir ne mail: rad_doc2@hotmail.com
 
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It depends of course how your petition is written but my opinion for your case is that you should try to go for OR to have better chances. I am not sure if you have a job offer by industry or academia but if this the case you definitely should go for OR and especially in industry most companies I know in my field are quite helpful. One of the main reasons why I think your case might have problems with EA is your very low number of citation for 18 published papers. By discussing with other people I have the impression that this is an important issue for USCIS since it describes how much other scientists use your work as a "starting point" for their own research which therefore describes your importance of your research. And 40 citation are in my opinion way to low for EA for 18 papers but together with the rest of your stuff strong enough for OR. USCIS is much, much more picky with EA then with OR.
How many of the published papers are first author. This is also an important issue for EA, should be at least 2/3
And a last very important issue are the reference letters from top scientist of your field which never worked with you before. You should have at least 10-12 very strong letters. These letters are critical for EA and for OR.
 
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Thanks guys for suggestions! After doing lot of research I have decided to file EB1-EA and NIW petition together. For EB1-OR I will need job letter for a permanent position,which is not looking possible at present.
 
> I have decided to file EB1-EA and NIW petition together

If you don't get a good attorney versed in these petitions to help you out, be sure to understand the different nuances of the two categories. You will have to prepare to entirely separate petitions with separate support letters.

For EA, it is important to fluff up your professional achievements in a reasonable way and to document that to the goverment official. The support letters from prominent people (including internationals) need to stress their assessment of your quality as a researcher and that they believe that you are the next best thing to sliced bread.
Your petition has to go through the 10 categories and detail how you fulfill the requirements. It is important to point out how other people (who cited you) based their research on your findings.


For NIW, it is important to stress the importance of your area of work. Of course, you will document your personal achievements, but if you fail to document the importance of your work as it applies to the NYS-DOT decision, that is all moot.

As for the NIW petition itself, you should go through the three NYS-DOT points.
--Intrinsic merit: Usually not a problem, but make sure that there is an economic application of your work and that there is no way they can say something along the lines of 'well that is all nice, but we think you do this research only for you personal entertainment'.
--National in scope: Make sure to demonstrate that there are other research groups working on the issue within the US. That there is an economic impact of your area of work (if you are in telecom document that x% of people in the US have a phone, y% of GNP is related to the telecom industry, how president Clinton declared 'national telecom day' in 1994 to emphasize the importance of the industry for the wellbeeing of americans etc. etc.) If you make that argument, also create a link how your work fits into this.
--How the requirement for labor certification would adversely affect the 'national Interest' (most important point, most NIW denials have this argument in the denial): One strategy is to get supporting letters from your current boss/dean/PI stating that you have outstanding skills, that the project is extremely important and that labor certification would force the university to take any candidate with the 'minimal skills'. (what doesn't work is to say that LC would take too long). Your university would probably not be willing to sponsor you for OR if you are not on a tenure-track position. They might however be happy to write/sign a couple of letters along these lines.

Btw. The length of your petition and the weight of your supporting documents has NOTHING to do with the likelyhood of it beeing approved. Make your case on the first 6 pages of your petition (that is all the pages they have time to read). If the goverment buerocrat can't check of 3/10 subpoints by then or check the 3 points of the NIW, he will tire out and just send you an RFE. (look at the paper of Watson&Crick. Most of it was plagiarized, it was only 1/2 page long but it got them the Nobel)


Just 'meine fuenf Pfennig'.
 
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gerd35 said:
Thanks guys for suggestions! After doing lot of research I have decided to file EB1-EA and NIW petition together. For EB1-OR I will need job letter for a permanent position,which is not looking possible at present.
Click to expand...
Best of Luck! If you prepare a nice petition you can definitely make it. As other forum members have also pointed give emphasis to each and every point, go through recent immigration literature illustrating step-by-step procedure, arrange all your documents in a proper way, write a nice petition cover letter. If you do these things properly, you will really succeed.
 
alex2 said:
Best of Luck! If you prepare a nice petition you can definitely make it. As other forum members have also pointed give emphasis to each and every point, go through recent immigration literature illustrating step-by-step procedure, arrange all your documents in a proper way, write a nice petition cover letter. If you do these things properly, you will really succeed.
Click to expand...
Thanks Alex! I got my kit and I have already started working on my petition.
 
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