Required Qualification for EB1

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mncbabu

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My wife is having Master of Philosophy (M.Phil) degree in Energy and environmental science which is a research scholar program in India. Also she has MS in the same field. Her work was published in sovenier of an famious university in India.

She has experience is testing of the solar energy equipments for commercial purposes. She has worked in Solar energy Testing center in one of the university.

Apart form that, she has worked as a Research Fellow in DRDO which is a National Defence Lab of Government of India.

Currently she in US with H4 non-immigrant status. Hence she is not working now and she is not having any job offer now.

In this situation can she apply I-140 through EB1 catagory? Is she having enough qualification to apply an immigration petition in EB1 catagory? If so what sub catagory she fits in (extraordinay ability or outstanding researcher or NIW catagory?
 
mncbabu said:
My wife is having Master of Philosophy (M.Phil) degree in Energy and environmental science which is a research scholar program in India. Also she has MS in the same field. Her work was published in sovenier of an famious university in India.

She has experience is testing of the solar energy equipments for commercial purposes. She has worked in Solar energy Testing center in one of the university.

Apart form that, she has worked as a Research Fellow in DRDO which is a National Defence Lab of Government of India.

Currently she in US with H4 non-immigrant status. Hence she is not working now and she is not having any job offer now.

In this situation can she apply I-140 through EB1 catagory? Is she having enough qualification to apply an immigration petition in EB1 catagory? If so what sub catagory she fits in (extraordinay ability or outstanding researcher or NIW catagory?
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She can apply, but the case looks very weak.

Brian
 
mncbabu said:
My wife is having Master of Philosophy (M.Phil) degree in Energy and environmental science which is a research scholar program in India. Also she has MS in the same field. Her work was published in sovenier of an famious university in India.

She has experience is testing of the solar energy equipments for commercial purposes. She has worked in Solar energy Testing center in one of the university.

Apart form that, she has worked as a Research Fellow in DRDO which is a National Defence Lab of Government of India.

Currently she in US with H4 non-immigrant status. Hence she is not working now and she is not having any job offer now.

In this situation can she apply I-140 through EB1 catagory? Is she having enough qualification to apply an immigration petition in EB1 catagory? If so what sub catagory she fits in (extraordinay ability or outstanding researcher or NIW catagory?
Click to expand...


As far as Extraordinary Ability, I see no evidence of sustained national or international acclaim. Looks like that is out.

She would need a job offer before the Outstanding Researcher category can even be considered. Looks like that is out.

An NIW may be possible to apply. There is lots of discretion with USCIS in this category, which is one reason why I often avoid it if possible and opt for other alternatives. I guess it is arguable that her presence in the US has a prospective benefit to the US but it seems like a bit of a reach.
 
Jim Mills said:
As far as Extraordinary Ability, I see no evidence of sustained national or international acclaim. Looks like that is out.

She would need a job offer before the Outstanding Researcher category can even be considered. Looks like that is out.

An NIW may be possible to apply. There is lots of discretion with USCIS in this category, which is one reason why I often avoid it if possible and opt for other alternatives. I guess it is arguable that her presence in the US has a prospective benefit to the US but it seems like a bit of a reach.
Click to expand...

Welcome back, Jim :-).

Brian
 
mncbabu said:
In this situation can she apply I-140 through EB1 catagory? Is she having enough qualification to apply an immigration petition in EB1 catagory? If so what sub catagory she fits in (extraordinay ability or outstanding researcher or NIW catagory?
Click to expand...

I doubt whether she qualifies for EB1-EA. You must meet at least three of the following ten criteria, all of which have to be substantially proven and generally be international in scope:

1. Prizes or awards
2. Membership in associations (by invitation)
3. Published material about the alien
4. Judging (she was the judge)
5. Artistic contributions of major significance
6. Authorship of scholarly articles
7. Display of work, exhibtions
8. Played a leading or critical role for organizations that have a distinguished reputation
9. Commanded a high salary
10. Commercial success in performing arts
 
mncbabu,
I think if you prepare a strong petition your wife can qualify for NIW and even for EB1-EA. USCIS has clearly mentioned that an alien will be considerd of national interest if :"The aliens admission will improve the U.S. environment and lead to more productive use of the national resources" (see www.greencardforyou.com). Since your wife is working in the field of "Energy and Environmental Science", she definitely has good chance. However, as mentioned by others also, you will have to do lot of home work to assemble supporting documents. But since your wife has workerd in an institution like DRDO and she also has publication, I believe she has fairly good chance. I know several people who have got approved with similar background. GIve a try. I would suggest apply for both, NIW as well as EB1-EA. Since your wife is in H4 visa, I think she will have ample time to work on collecting evidences etc.
 
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