Outline of my NIW Petition

F

FreeGC4ALL

Registered Users (C)
Hello,
I have learned lots from this forum. Now I am ready to put together the packages for NIW and EB-1. I self-petitioning for both, so wish me luck.

I am structuring my NIW petition as shown below. Please comment if you think I am doing something wrong. Specifically, I am not sure where to ask for labour certificate waiver.

Section 1.Introduction (~2 pages): highlight my achievements, the fact that my work is of "intrinsic merit", the fact that my work is of national scope, quote recco letters that state that my prior achievements warrant my future achievements.
Sections 2-5: essentially expand section 1 each dealing with separate "prongs" or achievements.
Section 2: "intrinsic merit" - 2 paragraphs
Section 3: "national scope of work" - 3 paragraphs
Section 4: achievements - 5 pages (I essentially plan to go by the relevant criteria in EB-1A one by one)
Section 5: "prong 3 or waiver itself" - 1.5 page (not sure what to write here, except to quote my recco letters that I my previous achievements lead to more achievements and to summarize my achievements from Section 4).
Do I need to specifically ask for Labor Certificate Waiver in this Section or someplace else:confused:

my background:
H1b visa 5th year ending this month
PhD from a good school in US
8 articles (co-author), >250 citations
2 article (lead author) >100 citations
lead author article was highlighted by Science
working at a good university in US, staff position, probably called Staff Biologist on my employment letter
my field is biomedical research
 
could somebody with NIW experience comment whether I need to specifically request Labor Certificate Waiver in the petition or whether it assumed by default?
 
highlights in exhibits?

do you guy highlight/mark-up critical paragraphs in ref letters? I am quoting these paragraphs in my petition, but should I also highlight the key phrases in the letters themselves? how about the author name on the papers? some of my papers have >20 authors with my name in the middle of the list.
 
I let others comment on NIW, but to say that your intrinsic merit is the really the most important part in your case, as your field is by itself satisfying the other criteria. "Why would they be better with you on the job than without you" is their main concern ;)

On your last point, I did not highlight things in the letters themselves: I chose to let the reader go through the letter without influence. I did cite them in the memo, a couple of sentences here or another there, with a reference to the letter.

I did highlight my name in the publication list, and I did also highlights important sentences or paragraphs in the copies of articles talking about my own work, as they were also talking about many other things and it would have made the reading boring and time consuming.

I don't think there is just ONE way of doing things on these matters. In my case, I kept in mind that I should do whatever could ease the job of the reader without making him/her feel too "influenced" by the highlighting.

Chris
 
Exceptional ability or Advanced Degree?

NIW question: should I apply as a holder of advanced degree (Ph.D.) or as exceptional ability? Is waiver available for both cases or only for the second one? I need to write something at the begining of the cover letter, which one?

The paragraph below (USCIS guidelines) does not mention advanced degree in the same paragraph with the waiver for some reason.

EB-2 Eligibility and Filing
....
"If you are a worker with exceptional ability in the sciences, arts, or business, you may apply to waive the requirement that you have a job offer if such a waiver would be in the national interest."
 
FREEGC4ALL,

Let me give it a a try. I actually had a lawyer put together my cover letter and petition. But since I had to collect most of the evidence needed. Here are the two main things to have in mind:

1- Your area of work/research is of national interest, its scope, and so on. There is a published document which tells what research directions and technologies are in the national interest and so on that my lawyer gave me in order to see where my area fits.
2- The fact that you work in an area of national interest is not enough to justify your petition. You should show that you contrinutions to this area of national interest were exceptional, and that without your personal contributions to the area and by not allowing you permenant residence, the US will loose your talent and to the world wide competition.
3- Another important point is to address the fact that why should the labor certification be waived? Frankly, I am not sure how this point was argued by my lawyer. But I was asked to at least mention a proposed employment/employer in the area of national interest I am claiming.

I hope this was somehow helpful.
 
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