Would I qualify for EB1-OR and/or EB2-NIW ?

L

lobster

Registered Users (C)
My Qualifications:

Ph.D.,
2 years post-Ph.D. experience in semiconductor industrial R&D,
5 years experience as a research-assistant while pursuing Ph.D.,
4 years (non R&D) experience after Bachelors degree (before MS + PHD),

a) 11 Conference Papers (all IEEE/ACM),
b) 2 Journal papers (2 others under review),
c) Reviewer for 5 IEEE conferences,
d) Panelist for one of the US Government Agencies,
e) Member Sigma Xi (as well as regular IEEE/ACM),
f) Presented one Invited Session in 1 conference,
g) I was previously on a J-1 and my J-1 was waived
 at the rquest of a US government agency (I have the
 letter from the agency - will it help ?)

I believe that my qualifications are less than perfect for EB-EA -
but my questions are:

i) Would I qualify for self-petitioned NIW under EB2 ?
ii) Would my experience be good enough to meet the 3 year
   experience rule for EB-OR ?

Please advise how I can improve my chances.

Thanks.
 
No Title

You have more than enough evidence for EB1-OR. So if you receive sponsorship from your employer it should be a cake-walk for you in that category. 3 years research experience can be met by 2 years of postdoc experience (fulltime 40 hrs/week) + part-time research work (20 hrs/week for x number of years you might have worked as a research assistant) during your doctoral work.

EB2-NIW is a whole different ball game. Please refer to the 7 points mentioned in 1998 NY Dept of Transportation Ruling and convince yourself that you can prove them.

Good luck!
 
No Title

You can at least apply for NIW as far as I can see. In fact, NIW requirement is very low, but it is risky. NIW only needs you to be an advanced degree holder as a basic requirement, or you had 10 years experience with a bachelor degree (?). In other words, anybody holding a MS degree can apply for it, but any applicant could be denied. I have seen some people having higher qualifications were denied, but some people having lower qualifications passed.
 
No Title

You should apply EA not NIW.
I am working at semiconductor industries as well.
I held two MS degrees from two renowned US schools
and worked 5 years as research assistant and have
two journal papers with supports from several IEEE
ACM fellows. EA was approved by VSC in 5 months but
NIW asked to provide much more evidences thus I asked
to withdraw after approving EA case.
Good luck!
 
No Title

Lobster, I agree with qqq 100%. He is giving you the right advise. Besides, you have enough evidence to prove an EB1-EA case. With some luck you should not have any problems.

I have personal knowledge of several cases that have met the same fate as qqq. The requirements for NIW have not clearly been spelled out by the INS, recent applications refer to 1998 NY Dept. of Transportation ruling which offers some clues. On the other hand, requirements for EA are clearly spelled out.
 
No Title

qqq

I have two MS degrees but no ph.d. yet. I am thinking to go either NIW or EA.

could you please post more details of your case. Do you have any special awards, honors,...

thanks a lot

atatat
 
To "Lobster" and "atatat"

Watch out guys! NIW requires that you must be doing a job that is in the interest of the nation - i.e. must be doing something that has nationwide impact and the project would fall off if you left the country.

If you have advanced degree and research experience - go for EB1. EB2 is not as bad as it used to be a year or two ago either.

some386
 
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