EB1-EA or NIW, please help me decide which one is better for me

M

Matzger

Registered Users (C)
Hi Guys,

I am new to GC application and have found here very helpful. I want you to help me decide which one is better for me, EB1-EA or NIW. I will hire a lawyer. The lawyer told me I can do both, or either one.

Qualifications;
(1) PhD in 1997, and 4 years postdoc experience (two in my home country and two in the US), now a research associate (permanent position) in a top 10 US university. Working in the field of nano-biotechnology.

(2) 39 papers, including 30 in international journals, one just published in Science, and 5 international conference publications.

(4) 46 citations based on Science Citation Index (SCI).

(5) Invited to be a reviewer once for a international Journal. The Editor is a US professor.

(6) I can get good letters of recommendation from famous US professors.

(7) I had a national award from my home country.

(8) I was a professor in the number one University in my country before I came to the US.

Thank you for your suggestions. Please help me to decide which one is better.
 
Better

EB-1 is "better". I did both and both got accepted using the same letters for both cases. I would consider doing both if you can show your field of expertise is in the National Interest. What are you doing *now*? This is important, too.
 
It is hard to tell

if you will be succeeded for either EA or NIW. Both needs high marks. The safest is do both. Your rank in US is NOT high; former professor position from your home country will not help; you probably have a non US PhD. I strongly suggest you go both.
When you do not have 100% confidence, I do not think that is the case, try both.
 
Dear Dr. Matzger

Since you are a reseach associate (which as per you is full time position) you should ask your employer to sposor you (EB1-OR) you do have good credentials for (EB1-EA) and plus EB2-NIW will also apply to you. Field of Nano-Biotechnology is a hot up n coming field and finds applications in disease cure and anti-bioterrorism.

Congrats on your Science paper. Do post the reference, since I may be interested in it for my journal club?
 
I want to change my job

So I do not want to do EB1-OR. Also, if my next employer wants to sponsor my GC, can I do EB1-OR with this employer?

I want to do EB1-EA or NIW, just because I may want to change jobs when I do not like my current job.

Now I am just not sure what is the chance for me to get EB1-EA I-140 approved. One of my colleagues got I-140 approved with several papers in ordinary journals (fewer than 10, no Science). I feel his case is not as strong as mine. Maybe he got good recommendations. But I understand luck is also an important factor.

Recently I joined some societies which require noteworthy academic achievements. I was also invited to join panel of referees of several international journals recently, just because the committees found I am excellent from my publications. The Science paper really helps. I will also request letters of recommendations from them because now I become a memember of the panel of referees.

So I think my EB1-EA is hopeful. I personally think EB1-EA may be easier for me than NIW.
 
Go for it

Luck has nothing to do with it. The success/failure of this case will depend on the quality of the letters and whether you meet the legal requirements for an EB-1. I know at least 5 people with EB-1 EA approvals (including myself) with credential similar to yours. I know a lot of people here don\'t hire lawyers for their self petitions, some successful, some not. I went with an attorney who specializes in people with science backgrounds. If I were you, I would fork out the $100 for a legal consultation on your case with a lawyer who has done a lot of these. You can go over the specific details of your case. I was amazed at the things that can be considered evidence of extraordinary ability. A lot of things PhD\'s learn during their training is taken for granted by us but looked at in awe by others. Good luck, buddy. Leroy.
 
EB-1EA seems fairly "simple" (I hate that word on an EB-1EA)

You appear to meet the qualifications for an EB-1EA. It doesn\'t look like there would be any major difficulties as long as the documentation was put together correctly.

Jim

James D. Mills
Attorney at Law
http://www.geocities.com/jamesdmillsesq/
 
Generally, is EB1-EA easier than NIW? Is that true?

Some friends who got approved told me so. Do you guys think so?
 
NIW

Without knowing specifically what you do, it is possible you may not even qualify for a NIW but do qualify for an EB1-EA if your work is not in the National Interest. Imagine a baseball player from the Dominican Republic who hits 50 home runs and earns $10M/year. EB1-EA is easy in this case, NIW impossible. Imagine a fellow with an M.S. degree (with few publications) who leads a group of scientists at a pharmaceutical company working on a new oncology drug. EB1-EA may be more difficult than NIW. The reason why some people have a hard time with NIW petitions is that they cannot prove that their function is in the National Interest. Only the specific details of your case will tell. Personally, I did both and get both approved.
 
Very well put leroythelion

And exactly correct. It\'s so fact sensitive it is difficult to come to a valid conclusion in this forum.

It all boils down to whether it\'s easier to prove an extremely high level of ability, or to prove that the work is in the national interest. Sometimes it is possible to prove both.

Jim

James D. Mills
Attorney at Law
http://www.geocities.com/jamesdmillsesq/
 
I think it is easy for me to prove both

Since I know myself very well. For EB1-EA, it is easy for me to show proofs for the following requirements:

(1) Receipt of lesser nationally or internationally recognized prizes or awards for excellence.

I have one national award from my home country, and two awards from national research societies for my outstanding research papers, which I think also national awards

(2)
Membership in associations which require outstanding achievements of their members, as judged by recognized national or international experts in their fields.

I have just joined an association. I have to have two members to nominate me and have to show my publications and be reviewed before I can join.

(3) Published material in professional/major trade publications or major media about the alien and relating to the alien\'s work field.
Participation as a judge (individually or as a part of a panel) evaluating the work of others.

I am a member of pannels of referees for five international journals. I have letters from the editors who request me to serve as a referee.
Also I have 46 citations now. In the near future, the citation number should be over 100, because a Science paper will be very widely cited.

(4) Original scientific, scholarly, or artistic contributions of major significance.

My research papers will show this. Also there are several papers which famous professors wrote to comment on my new Science paper and are also published in Science.

(5) Authorship of scholarly article in professional journals or other major media.

I have 30 papers in international journals (one in Science) and 5 conference papers which are published in books.

For my NIW, my research field is connected to new electronic materials, new electronic device, and new biotechnology, which all will contribute to new anti-terrorism biotechnology. For this type, I think letters of recommendation are important to show this National Interest proof.

My friend suggested me to try EB1-EA today. If EA can be approved, it may be easier to do I-485, for example, no interview is needed for AOS.

How do you guys think? I would like to hear from you. This forum is very helpful. Thanks.
 
Advice

Look, no-one is going to tell you what to do at this point, except maybe your counsel. Use your extraordinary abilities and make a decision already. BTW, random interviews *are* conducted for AOS. You are more likely to have your case re-looked at by the INS at the AOS stage than a C.O. at CP.
 
Leroy, Can you give some examples

regarding " lot of things PhD\'s learn during their training is taken for granted by us but looked at in awe by others?"

Thanks,
 
thoughts

Hi everyone. I\'m honestly awestruck to find people with as many publications and strong credentials as these applying for EB1\'s. I genuinely think you should get it, whether you would is different, though, and dependent on a host of other factors. In fact, people like you should be getting other fantastic prizes than simply an I-140 approval. I digress because I got my 140 approved (NSC) in the same category with only 5 papers (top journals), a few citations and a few recommendation letters. Most of all, I got the approval as a postdoc within months after my PhD from a mediocre US University. Of course, my work was the first of its kind. But I feel definitely (and comfortably!) inferior to people who sometimes grace this discussion board, like some of you. Keep up the \'real\' good work.
 
Thoughts

There are a lot of things that I did as a graduate student that most people would never think *they* could do. For starters, there is publishing. 99.5% of the population will never publish in a scholarly journal. I\'ve given presentations in front of 200-300 people...seems routine to me now yet most would not imagine themselves doing it.
 
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