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mmigration.com, Law Offices of Rajiv S. Khanna PC, US Immigration Attorney
I have an EAD from an approved EB1A petition (priority date: Apr 2022). I recently got laid off and am thinking of starting a business ( related to K-12 education.) MY EAD is based on an advanced degree in Operations research with publications and related work experience in data science. Is there a risk to justify 'teaching' or running a tutoring business based on this EAD? If so, can you keep looking for related jobs and teach on the side without incorporating this as a business in the interim? On an unrelated note, in your opinion, what is the risk of traveling out of the country in this situation? (I have an advance parole in hand as well.)
If you have an EB-1A-based EAD and a pending I-485, starting an unrelated business (such as teaching) is risky. Your EB-1A petition asserts that you intend to work in your field of extraordinary ability. Shifting to an unrelated field could raise questions about your original intent and impact your green card application.
Additionally, traveling on Advance Parole in this situation may pose some risks. It’s advisable to either have a job offer or a clear plan to work in your field (such as consulting with clients) before traveling. Proceed with caution.
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We filed a petition premium processing for a self-petitioning researcher. The petitioner had over 15 years of research experience in the nanotechnology field. He had an extraordinary research career which included 52 scholarly scientific articles with over 1,020 citations of his work. His publications were featured in numerous high impact international journals. In addition to his noteworthy research publications, the petitioner was a highly sought after reviewer for a multitude of prestigious, international scientific journals. He was also selected to an editorial board.
We won a case for Alien of Extraordinary Ability a Mathematician holding a Doctorate of Mathematical Science, numerous “invited” publications and presentations as well as several prestigious international awards. We were able to provide evidence of extraordinary ability through letters of recommendation from leading mathematicians around the world. This applicant had strong support from the U.S. government and industry.
We won a case for Alien of Extraordinary Ability in environmental sciences with 9 publications, numerous “invited” committee memberships, a judge of the work of many other leading scientists and considered one of the leading experts in his field. We were able to provide evidence to show that his work was innovative and pioneering.
We won this case for an applicant with expertise in computer science utilizing his skills in the development of e-Government. His work was considered pioneering worldwide. We provided evidence that he was frequently called upon to present his work. He also served on numerous program committees.
We won an Alien of Extraordinary Ability case for the applicant having advanced degrees from the prestigious Indian Institute of Technology, one of the most premier institutes in India. His research work was so highly regarded that he was awarded a two-year post-doctoral fellow at the Institute. This is a very high honor in that only “a select few” are considered for this position. The applicant had numerous books on civil engineering published and utilized by prestigious teaching institutes.
We won both an EB1 Alien of Extraordinary Ability case and a National Interest Waiver for this applicant. He was noted as being an exceptionally qualified, brilliant and outstanding researcher amongst an international peer group. We provided copies of his substantial publication record as well as evidence of his numerous "invited" presentations. This applicant had patented material which was identified as innovative and pioneering in the field and admired by top researchers.
We won an Alien of Extraordinary Ability case for a Ph.D. in physics. This applicant had over 13 years of research experience, 30 refereed journal articles, 12 Invited presentations at conferences and meetings, 2 refereed conference publications, peer reviewing of manuscripts for prestigious international journals, employment at several world-renowned institutes and was elected to membership in Sigma Xi, the Scientific Research Society. Clearly, this applicant stood out among his peers as one of the few who has reached the highest level of success in his field.
We won a case following a Request for Evidence for a scientist considered extraordinary in his field. This Ph.D. was an internationally renowned scientist who is acclaimed and respected in the international research community for his expertise in the area of corneal innate immunity and microbial keratitis. His unique specialty set him apart from others in the field. He was invited to review for a high impact scientific journal. He also had an extensive publication list as well as presentations world-wide for his innovative and pioneering work.
We won a case for an Alien of Extraordinary Ability who qualified in numerous components of the category. We argued her contributions were significant as clearly documented by the multitude of reference letters supplied by leading experts in her field. She also had an extensive publication list as well as invitations to present this extraordinary work. Her research has had a significant impact in the field, and consequently the citation record of her work is far greater than most scientists with her years of educational and work experience.
We won a case for a Materials Scientist who had over 11 years of research experience. His expertise was in the field of solar and hydrogen powered energy. We provided documentary evidence to show that his extensive list of publications was in prestigious international journals with high impact factors. We also showed that as a result of his innovative and pioneering work, he was invited to present his findings at a large number of conferences/workshops and symposia.
We won a case for a Ph.D. in computer science/engineering who had over nine years of experience. The applicant held various positions at highly prestigious research institutes in the world. His expertise was considered a cut above the rest and therefore ranked as one of the top in his field. He was a noted author for several scientific journals and posted many conference publications, technical reports and book chapters. He was the recipient of notable awards for extraordinary achievement.
We won this case for the applicant who had over 40 publications at the time of filing. Referees identified him as an outstanding researcher of international reputation in the field of plant science. Leading experts stated that his academic record and scientific achievements were remarkable. We provided evidence to show that his innovative work was highly supported by both government and industry experts. He truly was improving food production in the world which experts emphasized in their recommendation letters.
This morning, I was working on explaining to a client (whom I respect greatly), one of the foremost musicians from India, how EB1 (Extraordinary Ability) category applies to musicians and performers. As I was sending him the basic information on EB1 category, I thought I will share the general criteria with all of you. This information is for EA, generally and applies to all fields - not just music. See attached.
Regards to all. Rajiv.