EB1-EB or NIW ?

T

Teresa

New Member
Hi, all:
I would like to hear about your suggestions on my case.
I graduated with a Ph.D. recently, and I am now working as a Postdoc in a National lab. Since I am still on the F-1 visa ( with OPT), I am not sure if I could start to apply for GC or, it\'s better for me to wait till I get my H1B. On the other hand, which category should I apply, EA or NIW ?

My qualifications:

1. PhD in Chemical Engineering
2. 7 published Journal papers (with 5 in English), and 1 in preparation; Not many citations for my papers, and most of citations come from my own group members
3. Around 15 conference presentations/invitated talks
4. Reviewed paper for a top Journal in my area, and this is the only time I worked as a reviewer
5. No major reward, although I did received several university level rewards

Thanks a lot in advance for your reply,
Teresa
 
NIW is the best for you

You do not have a strong EB1-EA case. EB1-OR may be good for you if your position can be renewed upon the availability of funding.
 
Thanks,eb1tcs

I have also been thinking that I don\'t really have a strong case of EB1-EA. My current position is renewable: at least for the next several years, funding is no problem. But I don\'t think my employer would agree this position is permanent. So, I might still have to go for the NIW. What should I do to demonstrate that my stay in the US is of National Interest ?

Teresa
 
Non-permanent position is OK for EB1-OR

Here is a response from my former attorney about how to deal with Non-permanent position.

The contract or job description should include the following language:

"This contract will expire in __ years. Upon the expiration of this contract, the employer fully anticipates that it will continue to employ Dr. XXX full-time in the same capacity. Of course, this is contingent on successful completion of your responsibilities. This employment is thus of indefinite duration, and becomes at-will
upon the expiration of this contract."

For the purposes of your prospective EB-1-OR application, non-contract, permanent employment is preferable, but if the contract includes the above language we should be able to make the EB-1 work.

There are 8 categories which fit in NIW. For more information about NIW, check immihelp.com or immigration.com
You should do both NIW and OR if you do not have a strong case out of either one.
 
my think

I think it is the best for you to go NIW. You have a PhD, NIW needs advanced degree; NIW does not need a perminent job offer, as in the EB1-OR, and your title is not good enough for EB1-OR, too. You do not have a major award etc, so I think it is betrer to go NIW rather than EB1-EA.
Go to a good lawyer-he will tell you how to do it.
 
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