EB1-Exceptional Alien for an Australian

F

Flehrad

New Member
Hi Everyone,

I've read through lots of the posts here and I have found a lot of the information fantastic. I was wondering if there is somewhere a glossary of the terms used? I seem to see "PP" and "RFE" and things but have no idea what they mean :(

Moving onto my own situation. I have been trying to find employment in the US for about two and a half years now through normal avenues of job application, and the diversity lottery. I'm involved in a long-distance relationship with my partner in the US, and this has been one of my motivators to find work there. I was only recently pointed to the EB-1 EA, and was only aware of the E3 for Australians prior to this (along with the standard HB-1 and J1 visiting academic visas).

From the instructions on the pdf, I wasn't entirely sure in how to prepare the application with my evidence, so I would love to get some advice/clarification on that.

My evidence to support my application is:

I have a B Science (Anatomy), M Applied Science (Microscopy) and a PhD (Chemical Engineering).

Under General Instructions page 1, General Requirements (Step 2) Initial Evidence 1. In meeting 3 of the 10 listed:
  • B.3. - I have had an article published about my work online at NutraIngredients

  • B.4. - I have peer reviewed journal articles (but unfortunately only have the latest review request available as evidence).

  • B.5. - I have 1 record of invention, and am involved in 1 current patent application.

  • B.6. - I have published 6 first author journal articles, in 4 different publications, and 3 non-first author papers in addition. These papers hold a significance in food and pharmaceutical applications, while widespread effects in other powder/particle engineering can be applied.

    I was been invited (and have submitted it) to write a book chapter to be published in 2011 (Handbook of Nutraceuticals Vol II, ed. Yashwant Pathak)

  • B.7. - I have presented a seminar in the US at Stevens Institute HfMI, and presented at 3 international conferences, with my paper presented nominated for Best Paper during one of them.

  • B.8. - I am an appointed Associate Supervisor for PhD students in my research group.

    I am an appointed Honorary (unpaid) Research Associate in my research group.

  • B.9. - I have completed a postdoc contract (pay of $63k AUD/year)

    I have completed a industry position as a development engineer ($80k AUD/year). I am not sure what they mean by "high" salary.

In terms of submitting my application, to support these things.

I can provide copies of the papers published (whole article? front page only?), a copy of my employment contract with salary (whole contract or just relevant page only?), a copy of the published article about my work, emails regarding the book chapter and peer review, and copies of my record of invention and patent involvement.

What I can't provide easily is proof of my presentations, though I have an email with the invite to present at Stevens HfMI, only a list of my presentations at the conferences as part of my curriculum vitae. I also am missing paperwork that proves my appointment as an associate supervisor/honorary research associate, though I will try to chase that up with the university.

Is there anything that I have missed?

In the instructions, in 1. D. (page 2, column 1), it says Evidence that the alien is coming to the US to continue work in the area of expertise. Is this a necessary, or is this linked with C, i.e. if you do not meet a minimum of 3 points from B., that you need to demonstrated C/D?

I think that is enough to start off with in my thread, I would really appreciate any help here, so thank you for your time in reading my long winded post, and any replies.

Sincerely,

Don
 
Hi,

IMHO your case might not make it for EB1 but seems OK for EB2 niw. This is Ok since EB2 is current for Australia. And EB2 NIW petition does not need a job offer.

However this is valid if you are born in Australia. If you were born in India or China, then EB1 is the only option.

I am not a lawyer and seek legal assistance from qualified attorneys.
 
I am Taiwanese born, but hold an Australian citizenship, and have since 1988.

Could you explain in simple terms the difference between the EB1 and EB2? Or is the EB2 simply the national interest waiver?
 
That link doesn't mention the EB-2 at all.... Searching for EB-2, it indicates that if I seek a NIW, I need a Labour Certification?

"Those seeking a national interest waiver may self-petition (they do not need an employer to sponsor them) and may file their labor certification directly with USCIS along with their Form I-140, Petition for Alien Worker"

But the application is still on a I-140 form?

Does this mean that I still submit all of my evidence with a I-140, and they determine if which particular category that I am suited for?

I have lived in Australia since 1986, and grown up here. My migration here was through family, and now I am looking at expanding my experiences, working in different areas of the world. Further more, I am involved in a long distance relationship with someone in the US, and thus is a strong motivator for why I am trying to get to the US also.
 
I try to do my own research, but as you mention, it is super complex. I seek advice with a grain of salt from my available resources, as it helps provide a rounder view upon things. I do appreciate peoples help and their own experiences.
 
@adithya@123

Thats not right. Having an PhD don't guarantee NIW or EB-1. As a matter of fact a phD alone is not even close.
 
Flehrad said:
was only aware of the E3 for Australians prior to this
Click to expand...

You should be focusing on getting a job, not on getting a visa. The E3 is pretty easy to get once you have the job offer--but you have to get the offer first. Focusing on all this NIW and EB1 stuff--which is a huge distraction for employers, not something they enjoy dealing with--is silly when your reason for coming to the USA is to pursue a relationship.

If the relationship works out then there are easier ways to get the GC. And if it doesn't you can look at other GC options once you have your foot in the door in the USA.

Edited to add: On re-reading the original message carefully, I realize you didn't say whether the relationship you are pursuing is an opposite sex or same sex relationship. Unfortunately if it is a same sex relationship you do need to pursue other avenues to the GC since USCIS doesn't recognize such relationships. Even in that case, though, I still think it is better to get a job, get an E3, and then work on the EB1 or NIW after arriving in the USA. Of course Australian immigration recognizes same sex relationships so he/she could consider moving to Australia, too.
 
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