Please evaluate my chance for EB1

M

mastik

Registered Users (C)
Do I have any chance to get EB1, based on Extraordinary Ability or based on National Interest ? Credentials:
* Medical Doctor (MD)
* doing Residency in a major hospital in New York City (on H1 visa)
* also, MBA
* also, Master of Science
* also, Bachelor of Commerce
* one article published in peer-reviewed medical journal, second author
* one poster, first author
* participated in two research projects, first author.

An immigration lawyer in NYC insists that I have a 50-50 chance. He says that I have a rare mixture of MBA + MD, which is in the nation's interest. Also, he claims that there is no difference between having One article published an having 20 articles published, since the law requires "at least one" and thus the examiner must check "OK" and move on to the next criterion.

Your thoughts please ?
 
Here is a USCIS AAO Decision on your desired classification and one for the non-immigrant version of that classification as well as U.S. Circuit Court Opinion on the extraordinary vs. exceptional ability classes that is the foundation for the adjudication of these types of petitions. The Court defined a 2 part test and procedure to evaluate evidence and eligibility. Read them and evaluate your evidence and eligibility accordingly. Best of luck.


http://www.uscis.gov/err/B2 - Alien...ecisions_Issued_in_2010/Apr292010_03B2203.pdf EB-1A AAO Decision

http://www.uscis.gov/err/D8 - Alien...ecisions_Issued_in_2010/May192010_01D8101.pdf O-1 AAO Decision

http://www.ca9.uscourts.gov/datastore/opinions/2010/03/04/07-56774.pdf 9th Circuit Court of Appeals START WITH THIS ONE see page 6, especially

http://www.vdh.state.va.us/healthpolicy/primarycare/incentives/nationalinterestwaiver.htm Regarding NIW strictly for physicians, this is only one state, google for more.
 
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