Qualified for NIW?

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rsubedi

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I am planning to file EB2-NIW concurrently very soon. I am from Nepal. I was wondering if I am qualified for NIW. My qualifications are the following:
1. PhD (USA, research in a DOE operated national lab).
-Now a postdoc at the same lab but funded by different university.

2. I have one publication, as a first author, in "Science" which is cited 13 times so far (excluding self citation). Several university/national labs released press releases on this publication. A professional Science Writer published an article on "Physics Today" on the content of the same "Science" paper.

3. As a third author I have 1 publication in Physical Review Letters (PRL). I also have 9 publication in PRL and 1 in Physics Letters B; in these, authorship is in an alphabatical order among about 60 authors. Overall citation: 325.

4. I have one invited talk, whose publication is in process.

5. Several conference talks/abstracts/posters, altogether more than 25.

I have hired a lawyer and currently I am trying to draft recommendation letters. Several referees ready to give letters. But the lawyer says choose only 6 among them, I would choose 7.

Its very hard to make 7 different letters by myself. Please suggest how. The lawyer is of no help except for the grammar and quality check.

Thanks in advance for your feedback.
 
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Hey Ramesh,

I would advise you to go for EB1 rather than NIW. You have excellent publication record and a large number of citations. Since you are from a non-retrogressed country, it shouldn't matter if you apply for EB1 or EB2. However, you can take advantage of the premium processing option that is available for EB1.

Good luck!
 
RE: Qualified for NIW? Rec letter examples for nuclear phyiscs field

Thank you GC-Hopes for your nice reply. I thought EB1 way at the first thinking. While I started reading this forum, I found numerous EB1-seeking folks having criteria way beyond my imagination, very smart guys. This forum gave me a lesson. My only basis for applying green card is the "Science" publication. I do not have any award, not much US job experience either; I am in 2nd year of my postdoc. I also seeked suggestion from attorney, who suggested EB2-NIW; I would probably stick with that.

I am positive that there are many folks on this forum from physics (may be from nuclear physics itself) who could suggest me how to craft multiple recommendation letters showing examles of national interest in a way understandable by the USCIS folks. Please help educate me.
 
Ramesh, in my opinion, the IO wouldn't know the difference between a PRL paper and a Science paper. We know that a report/article in Science is very prestigious and very very hard to publish but for them any paper is a paper. However, you can show them the large number of citations and they will immediately recognize the merit of your application.

Also, the USCIS does not distinguish between first authorship from other co-authorships - so you can use the total number of citations to show your impact in the field. In nuclear physics, 300+ citations in a relatively short number of years is impressive, IMO.

Cheers and good luck with your petition,

If you want any help with citation search, please let me know.

Vijay.
 
I must clarify when I say "the USCIS does not distinguish between first authorship from other co-authorships". Typically, this is the case. However, occasionally I have seen RFEs being issued to get support letters from the lead author or the corresponding author to state what role the co-author (the petitioner, in this case) played on the publication.
 
Soft RFE

I have filed a concurrent filing of I-140 (NIW) and I-485 in Oct 5, 2009 (USCIS received date). I already obtained EAD for myself, my wife, and my daughter in addition to an advance parole for all of us.

I got an RFE on my I-140 yesterday (that has a date stamp of Dec 24, 2009) which has ONLY the following asking:

"The Director may exempt the requirement of job offer and thus a labor certification if exemption would be in the national interest. However to apply for exemption, the petitioner must submit a copy of form ETA-9089. The beneficiary must complete Parts J, K and L of the ETA-9089 and sign in Part L."

My attorney says that we have already sent the form ETA-750B, which is the substitute for ETA-9089 for the NIW filers; not sure why the USCIS officer is asking for ETA-9089. Since the USCIS officer is asking for the ETA-9089 form, we are sending it, not a problem.

My question to the gurus of this forum would be whether there is any chance that the USCIS can issue another RFE (once they are satisfied with ETA-9089). Or is this RFE an indication of the "close to" approval of my I-140 after they get my ETA-9089? Thank you.
 
Hi rsubedi

Can you explain why you would have to fill out these forms for an NIW application?
 
Hi GC-Hopes, Could you please help me in finding my citations in SCOPUS. I have google scholar and web of science access but not scopus. Your help in this regard is appreciated. I will send my name to your PM, if it is okay.

Thanks.
 
I think the ETA-9089 form is required for the I-485 application. I didn't attach it with my I-140 petition.
 
The reason I am asking is that we never had to file this form for our NIW so I was curious what the difference between the two applications was.
 
Kariboo said:
The reason I am asking is that we never had to file this form for our NIW so I was curious what the difference between the two applications was.
Click to expand...

I saw your other entries and found that you are very knowledgible about the NIW process; I was then wondering how would you ask such a question. Now I understand.

When my attorney was telling me to fill the ETA-750B to go with NIW, I did not ask why, since he is the professional for this and knows what he was doing. Actually, in my RFE for I-140, the USCIS officer is explicitly asking for ETA-9089 as I mentioned in my earlier entry; and there is nothing else other than this item in the RFE. May be it is a personal taste of the USCIS officer, which is different for different officers. Being this RFE very simple is the reason why I was curious about whether they can issue another RFE on the same application when they get a satisfactory answer to the first RFE.
 
Hi Rsubedi

I am still not sure why you would have to file this form for a National Interest Waiver. Because National Interest Waiver means that you 'waive' the labor certification part in the national interest. Form 9089 is labor certification. So these two seem to be at odds with each other. Can you shed some light on this for future applicants?

The reason for the RFE is probably is that form 750B was changed to form 9089 in 2005 or so.

ETA It may be that you are applying for an EB2 visa through your employer (where you do need labor certification) but NOT the EB2- NIW (where you don't need the labor certification) . Is this maybe the case?
 
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Kariboo said:
Hi Rsubedi

I am still not sure why you would have to file this form for a National Interest Waiver. Because National Interest Waiver means that you 'waive' the labor certification part in the national interest. Form 9089 is labor certification. So these two seem to be at odds with each other. Can you shed some light on this for future applicants?

The reason for the RFE is probably is that form 750B was changed to form 9089 in 2005 or so.

ETA It may be that you are applying for an EB2 visa through your employer (where you do need labor certification) but NOT the EB2- NIW (where you don't need the labor certification) . Is this maybe the case?
Click to expand...

Here I am confused now: how did you get your NIW approved without this 9089 (or 750B)? Is this the flaw in the USCIS system (the individual USCIS officer can handle the case even if (s)he did not get all required forms at hand)? Though these forms are for labor certification, they still need to be filled by NIW seekers (for NIW seekers you want to only fill the parts J, K and L of the 9089; for the ones going through labor certification, they need to fill 9089 completely). I remember that even for H1B you need to file such labor certification forms, though it is done by the employer without letting you know.

My employer does not file for greencard for a postdoc staff.
 
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That's exactly why I was asking the question

I'm not sure what the difference is or why we didn't have to do this. I am trying to research more information but it is not going very quickly. So far i have no record of filling this out, but I will keep searching.

One possibility is that my memory is failing me so that is why I am trying to find out.
 
rsubedi said:
I am planning to file EB2-NIW concurrently very soon. I am from Nepal. I was wondering if I am qualified for NIW. My qualifications are the following:
1. PhD (USA, research in a DOE operated national lab).
-Now a postdoc at the same lab but funded by different university.

2. I have one publication, as a first author, in "Science" which is cited 13 times so far (excluding self citation). Several university/national labs released press releases on this publication. A professional Science Writer published an article on "Physics Today" on the content of the same "Science" paper.

3. As a third author I have 1 publication in Physical Review Letters (PRL). I also have 9 publication in PRL and 1 in Physics Letters B; in these, authorship is in an alphabatical order among about 60 authors. Overall citation: 325.

4. I have one invited talk, whose publication is in process.

5. Several conference talks/abstracts/posters, altogether more than 25.

I have hired a lawyer and currently I am trying to draft recommendation letters. Several referees ready to give letters. But the lawyer says choose only 6 among them, I would choose 7.

Its very hard to make 7 different letters by myself. Please suggest how. The lawyer is of no help except for the grammar and quality check.

I happened to create a new thread, I am not sure how annoying it is, sorry for this. Thanks in advance for your feedback.
Click to expand...



I got my EB2-NIW (I-140) approved today at 11 AM (eastern standard time) . While writing this entry, now I got another USCIS notice saying green-card production ordered. The following is the message:

"Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO
ADJUST STATUS

Current Status: Card production ordered.

On January 20, 2010, we ordered production of your new card. Please allow 30 days for your card to be mailed to you. If we need something from you we will contact you. If you move before you receive the card, call customer service at 1-800-375-5283."

Though I hired a very expensive attorney, I learned a lot from this forum; please let me know if I can be of help for any one of you.
 
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