EB1-OR - Do I qualify?

G

gc_app07

Registered Users (C)
I am new to this forum and look forward to your input on my case. I started as a post doc fellow last year and my university is now promoting me to an instructor (i.e., permanent position). Usually most applicants from my university apply in the EB2-NIW category but they have agreed (for now and hopefully they won't reverse their decision) to file my petition for EB1-OR.

However, after looking at the credentials of several of the fellow members in this forum, I am not sure if USCIS will look at my case favorably. Here are my qualifications:

1. Ph.D from US
2. 7 yrs research experience (including time as Ph.D student)
3. 7 publications (4 first author). 2 other first author publications in the works
4. 90 citations
5. 2 year American Heart Association (AHA) fellowship (during Ph.D)
6. 4 travel awards (including one for poster presentation in Europe)
7. First prize at national level (US) poster presentation (does this count?)
8. Reviewer - only for 1 journal so far
9. Several university level awards/presidential fellowships (but I guess they don't count)

How does USCIS look upon university filed petitions? I would greatly appreciate all your inputs.
 
You can probably claim that you are recognized internationally as outstanding in the academic field specified in the petition with the following two evidences:
(E) Evidence of the person’s original scientific or scholarly research contributions to the academic field;
(F) Evidence of the individual’s authorship of scholarly books or articles (in scholarly journals with international circulation) in the academic field;


(A) Documentation of the individual’s receipt of major prizes or awards for outstanding achievement in the academic field; looks weak, but you could mention it, recognizing yourself that it could be considered weak, but that you still think it recognizes your competence at the national level.

(B) and (D) won't be strong enough. I don't know for (C) from what you wrote.

To summarize, it is worth trying, focusing on (E) and (F) while claiming (A) with reserve.

You need to provide evidence for only two, so it could work well!

Chris
 
Chris, Thanks a lot for your response. Yes, I can't claim (C) and the only ones as you mentioned are (E), (F), and possibly (A).

Since I don't have many publications (and none in Nature/Science, but 1 in Cell), overall it seems weak.

Do you know if USCIS looks at university sponsored cases leniently compared to self sponsored EB1 EA or EB2 NIW?

Thanks again for your input.
 
I am on H1B and have several years left but my spouse has limited time on H1 (and hasn't applied yet for GC because of the large delays in regular EB2). So we need to get GC soon through me.

Thanks.
 
OK! I understand your problem.

As for how university sponsored petitions are looked at, I don't know. But what I know for sure is that universities are pretty good at getting a GC for an employee on H1B it wants to keep. I did it for one of my employees on the engineering side and it worked well, mainly because the Labor Certification process can be nicely prepared, and without cheating, by defining well the area of expertise of the employee, and the whole process does not take that long.

Would your university be interested in hiring you for good? In that case, they could really start the process now if you explain your situation.

Now, as for being "obliged" to stay employed at the university sponsoring you, there is no legal obligation. When you have your GC, you are free to do whatever you want. I know because I checked with the lawyer of my Corporation... Generally, what I do (as the executive director) is sign an agreement with the employee whereas he/she is free to go after n years (n=3 for the last employee I sponsored). If he/she leaves before, it's ok but he/she will reimburse what we spent prorata of the years he/she stayed after getting the GC. If he/she leaves after one year, we get back2/3rd of what we spent... It is a fair deal.

Chris
 
Thanks Chris for your response. I have no problems staying with the university for several years as I am quite happy here. My main reason to apply for GC is for my spouse (who has about 2 years left on H1B). EB1 OR (I don't qualify for EB1 EA as not strong enough resume) seems to be the only option I can think of where we can get GC within 2 years, EB2 NIW will take a lot more time due to visa numbers scarcity.
 
Hi gc_app07... I received your request to post my credentials, and realized I had not yet posted them in this forum! So here they are...

I'm an assistant professor, was in the position for 2 years when I first started educating myself on the OR process. I decided to take a full year to prepare the file... I think I have another post somewhere that describes the types of things I did to build up my evidence in support of having "international recognition" in my field, which for OR is the main thing you need to prove.

So anyway....
35 pubs
9 as first author
BUT more importantly, 3 papers where I was the contributor from my country on international consortium papers (ie there were about 15 authors, one from each participating country... I spent a lot of time describing these particular papers, and argued that I must be internationally recognized to be participating in this way)

about 650 citations in ISI
BUT more importantly, I provided a graph (you can generate this in ISI) of the number of citations PER COUNTRY for each paper. So I was able to prove that I was cited by other researchers from over 30 countries.

Reviewer for 12 or so different journals.
BUT more importantly, whenever I was asked to review for a journal, I replied to the editor in chief that I would be happy to, if they wouldn't mind personalizing my "invitation to review" generic email a little bit. So that the invite would say something like "Dear Dr. BlahBlah, because of your expertise in the area of Yadayada, I hope that you could provide a review of this manuscript for the Journal of YibbityYab. I have read your publications on this topic, and your expert opinion would be of value.... " you get the idea. Especially if this was from a European journal (about half of those I've reviewed for are), then I could use this as evidence that European editors-in chief of highly rated journals were seeking my opinion as an expert, therefor I must be "internationally recognized".

1 NIH grant panel

Media coverage of my work (one of the papers from my PhD was picked up in about 5 different trade publications, and quoted me by name as the lead researcher...)

Invited plenary lectures at major meetings, platform presentations at meetings (I provided copies of the meeting program where it clearly showed my name, affiliation, and that this was a plenary lecture)

I also am a member of some committees that are part of an international research consortium that I am a part of-- I described these in detail, and also made sure my letter-writers hilighted this.

I do belong to AACR, and a few other professional societies, but just as a regular member (not an award winner or elected fellow level) so I did not try to claim these.

My cover letter was 3 pages long, I had 5 outside letters and 1 letter from my institution.

I think that is it.... I hope this helps. I've said it before, but I think for OR applications we need to stop thinking like academics and think like lawyers and adjudicators. "How can I present my achievements so that a reasonable person will see how they meet the objective criteria". The stuff that impresses academics ("PhD from a Top 10 University" is meaningless because it doesn't provide evidence to meet any of the criteria).

best of luck to you! I realize you are in a rush situation, but I really do recommend taking some time to accumulate your evidence.
 
Thank you so much, WaryOR for sharing your qualifications. Very impressive credentials!

Hope you are able to send out your 485 packet soon.

Thanks again.
 
Just to complement what WaryOR wrote, and to repeat what many (including I) wrote on this forum, just claim what is strong, forget about what is weak (it is useless and even counter productive), and focus at making a convincing case on the criteria you are evidencing...

Good luck,
Chris
 
//(E) Evidence of the person’s original scientific or scholarly research contributions to the academic field;

Chris, What is the strategy (evidences need to collect) to claim E? Thanks.
 
In addition to reference letters from "leaders" in the field, it is evidenced by publication in good journals (if not original, it can't be published!) and by citations of those papers, including extracting from the papers citing your work the comments that can be made about their originality and interest, like "this was first studied/discovered/studied by Dr X (you) in (1) (your paper).

Don't hesitate to write a few sentences on the work you did, put it in perspective with respect with the current knowledge before you published, and explain the breaktrhough your work brought, if any, and why it is important.

By doing so, you assume that the adjudicator can follow you, a good thing, and if you are honest as well as able to write for the layman about your research, it will work!

Chris
 
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