EB1 EA vs EB1 OR vs EB2 NIW which one is easiest

D

Daffodil39

Registered Users (C)
Hello:
I hear that the OR category is probably easier than EA and NIW; does anyone know?:confused:

I have 5 publications (76 cites), 2 published patents (patents not issued yet), routine awards (fellowship, company recognition awards), a permanent position in a reputed company etc; the attorney says that I need some more publications and merits for them to pursue and EB1 OR; in the interim for my benefit they suggest to file under EB2 (labor certification) :( with the possibility to try teh EB1-OR when I have more supporting evidence;
Can someone advise if with the present credentials, I can file under OR or EA or NIW?
 
You need to objectively evaluate your evidence against the requirements.

www.uscis.gov has lots of information if you can sort through it and find what you specifically need.

Good Luck,
 
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Daffodil39 said:
Hi BigJoe5:
Please confirm if the PDF's you sent are the most recent from the USCIS site?
Click to expand...

No, they are not USCIS forms, (no USCIS headings/logos, no form #'s, no OMB #'s, no expiration dates) they are independent tools to help folks make their case.
 
question

I have decided to pursue filing under the EB1 EA category. The question here is, is it worthwhile to wait for the I-140 to be approved before filing I-485's for myself and spouse? is there any reason to co-file the I140 and I485's other than to save time? Is it possible for I-485 to be denied if I-140 was appoved?
Any other suggestions are welcome.
Thank you
 
My take (and I am not a lawyer): You can file concurrently, the advantage is that if I140 is approved, your I485's approval would be faster (order of couple of months). The disadvantage is that if your I140 is rejected, I485 is also automatically rejected (although you can file for appeals) and the filing fees are gone.
 
In addition, an approved I-140 does NOT mean that the I-485 will be approved. The individual applicant must be: 1.) eligible for adjustment, and 2.) admissible as an immigrant.

The I-140 does not consider the admissibility, only the qualifications for the requested classification.

An I-140 denial is appealed to the USCIS AAO.

A denied EB I-485 may only be renewed before an IJ and has no "appeal".

IF an I-140 is approved on appeal the denied I-485 will be reopened and adjudicated on its own merit.
 
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“On appeal, counsel argues that "the standards of 8 CFR Section 204(h) do not readily apply to [the petitioner's] occupation as a Gospel Recording Artist based in Belize." We are not persuaded by counsel's argument. The regulation at 8 C.F.R. § 204.5(h)(l) provides that an alien may file "for classification under section 203(b)(l)(A) of the Act as an alien of extraordinary ability in the sciences, arts, education, business, or athletics" (emphasis added). See also section 203(b)(l)(A)(i) of the Act and 8 U.S.C. § 1153 (b) (l)(A)(i). In this case, the petitioner is a gospel recording artist. The regulation at 8 C.F.R. § 204.5(h)(4) allows for the submission of "comparable evidence" only if the ten criteria "do not readily apply to the beneficiary's occupation." The regulatory language precludes the consideration of comparable evidence in this case, as there is no indication that eligibility for visa preference in the petitioner's occupation cannot be established by the ten criteria specified by the regulation at 8 C.F.R. § 204.5(h)(3). In fact, counsel has submitted evidence addressing four of the ten criteria at 8 C.F.R. § 204.5(h)(3). Where an alien is simply unable to meet three of these criteria, the plain language of the regulation at 8 C.F.R. § 204.5(h)(4) does not allow for the submission of comparable evidence.”
 
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