Is my lawyer right? OR petition

[lzh]

I think I can claim that I meet 4 of 6 criteria of OR. But in the support letter written by the lawyer, only 2.5 was clearly claimed. And the lawyer kind of refused to add anything. The lawyer said that adding more would make my case too complex and my case could by denied because of this. Another reason is that that would cost extra money for my company.
This is the first time I heard this kind of logic. Should I insist to add the missing points or just let the lawyer do it in his way? Your opinion would be very helpful.

 

[lzh]

more details about my case

more details about my case:

A. Published material in professional publications written by others about the alien's work in the academic field;

The lawyer only claimed that my work has been cited by other researchers. And his wording is different from A. Most important, there is acturally a published material in a professional magazine wirtten by others about my work. The whole material is talking about my work, and my name is mentioned in it. The lawyer did not say anything about this material in his claim. So I said he claime only 0.5 of A.


B.Participation, either on a panel or individually, as a judge of the work of others in the same or allied academic field;

I served as reviewer for several professional journals. The lawyer totally missed this claim.

C. Original scientific or scholarly research contributions in the field;
The lawyer claimed this.

D.Authorship of scholarly books or articles (in scholarly journals with international circulation) in the field.
The lawyer claimed this. But he only list my publication list under this claim.

E. Receipt of major prizes or awards for outstanding achievement;
The lawyer claimed this. But I do not think any one of my awards could claimed as major. He claimed it anyway. I did not count this in the 4.

The key questions is : Is it worse for my case if I claim more?
I can not understand why the lawyer did this? And I do not have real power on my case. The lawyer seems more professional than me in my employer mind regard the law. The lawyer keeps saying that he is experienced and I am totally qualified for OR.

 

[topew]

Your attorney, your employer and yourself certainly know more about the facts and background of your case. Thus, any suggestions made to you in this forum will not be based on a complete picture of your file.

Has the petition itself been submitted to BCIS? If not, it may be worthwhile to get the opinion of other attorneys.

With this caveat, it seems reasonable to presume that you may meet criteria relating to 1. Authorship of articles; 2. Judge of other professionals work as a reviewer for internationally circulated journals; 3. original and significant contributions, if supported by letters from independent people; and 4. Published material in major media and professional magazine.

Citations will not count as published material about you. Citations simply demonstrate that your work is being used by others. It strengthens the authorship criterion. As you noted, most awards do not count.

The key to EB1-OR is that your evidences should be able to prove that you are "internationally recognized" as an expert/researcher in your field. Perhaps, your attorney is looking at the evidences from this perspective. Thus, it is not enough to have published material on your work in professional magazine.

I doubt if you will be penalised simply by claiming more. The burden is upon you/attorney to prove to BCIS that claiming more is worthwhile and relevant to your case.

 

[cpgiri]

Fire the lawyer!! Looks like he does not have any idea about the requiremetns. My suggestion is submit all evidences you have.

 

[nbahel]

I have filed through EB-1 (Extraordinary Ability). My lawyer clearly stated that to avoid RFE, you should try to show more than 3 bcz chances of them agreeing with you on each point are low. In my petition for example, they showed that i meet 6 criteria. She felt that this way, even if they don't agree with all, they will prob. agree with at least 3.

Also, to my mind, showing that you meet 0.5 criteria is begging for an RFE. If you show you only partially meet a criteria, then what else are you going to get? Also, I don't agree that two 0.5's will count as a whole bcz that isn't apples to apples.

The wording clearly states that you need to meet at least 3 full criteria.

Again, this is just what my lawyer told me, my ND is 07/10/02 and I haven't heard anything yet!! So all this could be proven wrong!!