EB1-EA vs. EB2-NIW

A

AGM6

Registered Users (C)
Hi,

I think I would be eligible to apply for EB1-EA and EB2-NIW, but I am not sure.
Let me explain my situation, and I would appreciate suggestions:
I did an MD, a Phd, a postdoc, and now I am a full-time resident in a US-University-based Hospital on H1B visa (always on H1B, never had to apply for J1-waiver, so no issues with physicians in underserved area regulations). At the same time I continued my previous postdoc appointment at a different US-University, but now obviously as a part-time research position (and with a concurrent H1B that indicates a part-time research appointment in addition to the full-time appointment as a resident; this concurrent appointment allows me to continue my research that I did as a post-doc). In terms of papers and citations I should have enough to qualify for EA as well as NIW.
I currently have 2.5 years on my H1B left (before the 6-year cap). Thus, I would like to apply now for a Green Card, while I am a resident and simultanously a part-time post-doc.
Is it advisable to file I-140 for EB1-EA now? I thought that may be appropriate, because I do not have a permanent appointment (thus I cannot go for EB1-OR?). If I do that, would it be a good idea to prepare an application arguing about scientific excellence and basically apply as a researcher and not as a clinician? Would the concurrent residency position (although being at a very prestiguos Hospital in a very competitive residency program) harm such an application?

The second way, may be to apply for EB2-NIW based on previous scientific achievements. I believe the employer has to file for EB2-NIW? Is EB2-NIW connected with an explicit job-offer from the employer? Thus, do I have to qualify for that job offer at the time of EB2-NIW application? If yes, this would mean that my employer of the research-institution would have to file for me the EB2-NIW, since I would not qualify for a clinical position as long as I have not finished the residency with the clinical employer.
Basically the question is, what should I file for in my position, and what does the employer have to do? Can I file for EB2-NIW independently of a job offer already in my current position?

Thanks!
AGM6
 
so looks like you will not have any support from your employer....that means it has to be EB2-NIW or EB1-EA.....(EB2-NIW is also self petitioned...)

both are almost same since you have to show exceptional ability and better than average accomplishments....

if you have 5-8 publications......with 80-100 citations.....you have a good case for both...
 
Apply for both Eb1-EA and EB2-NIW. You dont need to have job offer or permanent position for these two categories. You can do these two as self petition or through a good lawyer.

EB1-OR requires permanent or tenure-track position.

Good Luck
 
Thanks, that's great advice!

Well, my part-time research employer would certainly want to be as helpful as possible. Would it be of any benefit to ask him to file for the EB2-NIW, or does this not make any difference? If not, it sounds that I should simply submit both EB1-EA and EB2-NIW simultaneously while I am in my current position as resident/postdoc?

Are there any major differences when making my case between writing an application for EA vs. NIW? Can I simply write the same application and just write a different I-140?

I would be very thankful if you can give me some details on the I-140 (such as descirption of occupation, numbers etc.).
Thanks so much!
AGM6
 
is NIW a backup of EB-1EA?

I see several postings of filing NIW and EB-1EA together. Is it just that those who are filing EB-1EA want to use NIW as a backup because NIW standards are lower? Or does it mean that NIW filers should have as good credentials as EB-1EA filers? I'm thinking of going for NIW and seeing EB-1EA + NIW postings are making me nervous.
 
AGM6,

As I understand, both EB-1A and NIW CAN be self-sponsored (i.e. you can be the petitioner and the beneficiary at the same time), but they CAN be sponsored by the employer as well (in this case, the employer is the petitioner and you are the beneficiary). Most people who file EB-1A or NIW because they do not have a permanent job offer (so they have no choice). I heard some time ago from this forum that if EB-1A or NIW is sponsored by the employer rather than self-sponsored, then it may have better chance to get approved without the dreadful RFE, given the two cases have similar credentials. However, things might have changed since then.

Strictly speaking, EB-1A and NIW are different. Take the face value, it seems EB-1A has more stringent requirement, so theoretically if one can satisfy EB-1A requirement then he/she should have no problem for NIW (and that's why some people use NIW as "backup" of EB-1A), but that may not be always true - take a look at this thread: http://www.immigrationportal.com/showthread.php?t=226911. "....He (the USCIS officer) Also Read The Details Of My Eb1/sch A Petitions And Quoted That Evidence For Eb1ea Does Not Qualify For Niw," so it is hard to say. I think in the end it all depends on how lucky you are, even though you have strong background and your case is well presented - the key determining factor is WHO reviews your case at the USCIS. There are some tips that we can do to boost the odds of approvals; you can find tons of them from some old posts in this forum. For example, never ever mention the "p" word (postdoc) (and resident as well, perhaps in your case), because it will be very difficult to explain how a postdoc/resident has reached the top of his/her field. In addition, it seems that the USCIS tends to focus more on the number of citations rather than the number of publications these days. In fact, I can imagine that one will likely to get into trouble if he/she has 20 papers but only 10 citations or so, for instance. Again, there is no clear cutoff numbers in terms of publications/citations, and it is the subjectiveness making EB-1A and NIW so "tricky". Good luck to all of us!
 
Thanks for this advice. You mentioned that it may be beneficial that the employer sponsors the NIW (so that you appear as the beneficiary). Is EB1-EA always self-sponsored or can the employer sponsor as well? In both cases, if the employer sponsors the visa, would it need to be a permanent position or could it simply be a positionas something like a "senior research associate" or something? I guess I would call a senior postdoc as a "senior research associate" in a department if they do not like the word postdoc.
I thought only tghe EB1-OR needs a full-time permanent (tenured) employment, or would that also be necessary for EA or NIW if the employer sponsors it?
Thanks!
AGM6
 
AGM6 said:
Thanks for this advice. You mentioned that it may be beneficial that the employer sponsors the NIW (so that you appear as the beneficiary). Is EB1-EA always self-sponsored or can the employer sponsor as well? In both cases, if the employer sponsors the visa, would it need to be a permanent position or could it simply be a positionas something like a "senior research associate" or something? I guess I would call a senior postdoc as a "senior research associate" in a department if they do not like the word postdoc.
I thought only tghe EB1-OR needs a full-time permanent (tenured) employment, or would that also be necessary for EA or NIW if the employer sponsors it?
Thanks!
AGM6
Click to expand...

NIW and Eb1-EA are employement based
so you need to show some proof of employement or continued employement
although GC is meant for future employement it is important to show that you actually work.

post doc word is prob for Eb1-OR as officially its training but i guess not for NIW /Eb1-EA

but recently some got RFE about jobs so its good to go for SRA
 
I guess our expert here eb1doc said it all! If you plan to ask your employer to sponsor NIW and/or EB1-EA for you, then you do need to show evidence of (continued) employment. It is also good for saving potential trouble of RFE later (at I-485 stage) that USCIS may want to know whether you are still working in the same/similar field, particularly in the case of NIW.

Whether the job offer is permanent probably does not matter too much for NIW and EB-1A, but it is a problem or at least, grey area for EB-1OR. I remember I read somewhere in this forum that even if your job is not permanent (i.e. it depends on the availability of grants), you MAY still be fine for EB-1OR if you can demonstrate that grant has a very successful history of being renewed every time.
 
Thanks!
Let me summarize if I understand your advice correctly:
basically I should provide evidence for employment as a senior research associate, which I guess can be as simple as a letter from my supervisor (who is at the same time Dean for Research at that Institution) stating in his recommendation letter that I am working in his department as such. As I mentioned, I am now part-time employed as a researcher, since I am at the same time a full-time clinical resident. Does that mean that I also need a letter from the resident program director stating my employment with him in more detail, and would that mean that I cannot ask my part-time research employer to sponsor the NIW for me?
It sounds to me as if I should do the following: simply self-petition both EB1-EA and EB2-NIW and submit letters from both employers stating my employment with them as part of their recommendation letter, and simply say that at the end of residency I will spent most of my time to extend my research efforts, thus I am applying mostly as a scientist. Do you agree?
It seems that going through the employer may complicate things in my case with this concurrent employment situation, ???
 
EB1-OR, EB1-EA and EB2-NIW

I'm just so confused here. These are my credentials...

I have Ph.D in Engineering from Top 25 school in US.
Currently I'm working as a Research Scientist in a big engineering firm. My current work is associated with the oil and energy sector.
I have 4 Journals as first author and 4 conference publications.
I'm direct reviewer of 6 International Journals. I have reviewed more than 20 manuscripts.
Active member of various professional organizations.

So whats the best category for me. i'm in a fix now, my company has a policy to wait for 1.5 years to file for GC. But they said they can provide all the documentation if I want to apply for GC on my own. Could any body help me whats the best category and how can i take the help of my company. Please advise me.

Thanks !!!!!
 
eb1oreb2 said:
I'm just so confused here. These are my credentials...

I have Ph.D in Engineering from Top 25 school in US.
Currently I'm working as a Research Scientist in a big engineering firm. My current work is associated with the oil and energy sector.
I have 4 Journals as first author and 4 conference publications.
I'm direct reviewer of 6 International Journals. I have reviewed more than 20 manuscripts.
Active member of various professional organizations.

So whats the best category for me. i'm in a fix now, my company has a policy to wait for 1.5 years to file for GC. But they said they can provide all the documentation if I want to apply for GC on my own. Could any body help me whats the best category and how can i take the help of my company. Please advise me.

Thanks !!!!!
Click to expand...
If you want to apply by yourself (self-sponsored), then the only choices you have are EB-1A or NIW. If you are willing to wait so your company can apply for you, then you can add EB-1OR (no labor certification required) or "non-NIW" EB-2 (labor certification required) to your list of options. My feeling is probably NIW is your best shot right now, if you can demonstrate your previous (and maybe current as well) work have significant impact on the industry, etc, etc. Since you work in the industry, patent(s) may help, if you have any. As the experts in this forum mentioned million times before, you need strong recommendation letters from the big names in your field to support your case.
 
let me try to summarize what i know about NIW and EA:

employer sponsorship not required, if you think you can get sponsorship go the route of EB2 or EB1-OR (permanent job a must for success...). EB2 will take 30-50 days more because of labor....but very good success rate.

NIW and EA: you have to prove that you are GREAT, better than the average researcher, you better have a pretty good track record.

you should have atleast 3 strong points:

1. publications with citations or good patents
2. reviewing work of other in international journals....
3. 6-9 reco letters, preferably from independent sources
4. awards

and lots of luck.....to tell you the truth...luck is playing a big role.

you can read the top three threads of this sub-forum which explains in details about the requirements...
 
eb1oreb2 said:
I'm just so confused here. These are my credentials...

I have Ph.D in Engineering from Top 25 school in US.
Currently I'm working as a Research Scientist in a big engineering firm. My current work is associated with the oil and energy sector.
I have 4 Journals as first author and 4 conference publications.
I'm direct reviewer of 6 International Journals. I have reviewed more than 20 manuscripts.
Active member of various professional organizations.

So whats the best category for me. i'm in a fix now, my company has a policy to wait for 1.5 years to file for GC. But they said they can provide all the documentation if I want to apply for GC on my own. Could any body help me whats the best category and how can i take the help of my company. Please advise me.

Thanks !!!!!
Click to expand...

Go for EB2-NIW right now with a good attorney. For EB1-EA also check your credentials with your attorney. Citation of your papers also important for EB1-EA. You are very good for EB1-OR too.
 
eb1doc said:
NIW and Eb1-EA are employement based
so you need to show some proof of employement or continued employement
although GC is meant for future employement it is important to show that you actually work.

post doc word is prob for Eb1-OR as officially its training but i guess not for NIW /Eb1-EA

but recently some got RFE about jobs so its good to go for SRA
Click to expand...

hello eb1doc, just to add little info... postdoc is not a permanent job and some of my friends got rejected in EB1-OR. postdoc depends on funding avaialbilty and mood of boss. HR can not provide an offer letter for postdoc. One of my friends got approved though, I would say he was lucky and showed big grants for his research. I would say EB1-EA and NIW are best for postdocs. If good publications, citations, reco and reviewer then EB1-EA chance is higher.
 
AGM6 said:
Thanks for this advice. You mentioned that it may be beneficial that the employer sponsors the NIW (so that you appear as the beneficiary). Is EB1-EA always self-sponsored or can the employer sponsor as well? In both cases, if the employer sponsors the visa, would it need to be a permanent position or could it simply be a positionas something like a "senior research associate" or something? I guess I would call a senior postdoc as a "senior research associate" in a department if they do not like the word postdoc.
I thought only tghe EB1-OR needs a full-time permanent (tenured) employment, or would that also be necessary for EA or NIW if the employer sponsors it?
Thanks!
AGM6
Click to expand...

yes, I agree. do not write postdoc. I prefer to say "Senior Researcher"- chance for approval is higher. Go for NIW and EB1-EA both. Consult a good attorney too. EB1-OR is tough for postdoc because posdoc is a temporary position. Lots of my postdoc friends got rejected in EB1-OR. Of course if you are so lucky you may get approved.
 
2006Hunter said:
yes, I agree. do not write postdoc. I prefer to say "Senior Researcher"- chance for approval is higher. Go for NIW and EB1-EA both. Consult a good attorney too. EB1-OR is tough for postdoc because posdoc is a temporary position. Lots of my postdoc friends got rejected in EB1-OR. Of course if you are so lucky you may get approved.
Click to expand...

whatever you say or write you need to have proof !!!!
 
EB1-OR and 6/6/06 memo

CD4help said:
Whether the job offer is permanent probably does not matter too much for NIW and EB-1A, but it is a problem or at least, grey area for EB-1OR. I remember I read somewhere in this forum that even if your job is not permanent (i.e. it depends on the availability of grants), you MAY still be fine for EB-1OR if you can demonstrate that grant has a very successful history of being renewed every time.
Click to expand...

There is a relatively recent Aytes memo (6/6/06) covering exactly this topic.

http://www.uscis.gov/graphics/lawsregs/handbook/EB1Visa060606.pdf

I may have to rely on it and I wonder if anybody tried to use it (via university or via lawyer) and what was the result. I would appreciate any info.

thanks,
/dzxing
 
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