I got my Ph.D. (biochemistry and molecular biology) and I have 3+ years of post-doctoral experience. I have 4 publications (3 lead author) in human pathogenic research. Could you please comment on my eligibility for EB-1 or NIW.
My best GUESS is probably not. While NIW/EB-1 should not be a numbers game: how many publications, how many citations..., but it often ends up like that. Given that if you had one publication in a premier journal like Science, that would could count a lot more than 5 or 10 publications in a lower impact factor journal.
I had to share this, an email from Diane, a member of our team yesterday:
I am reporting here comments from and my responses to a member of our community, "Julissa," regarding whether or how she could apply for a green card herself if she has a Master's degree. Do note, if a set of new immigration laws gets passed, all this could change.
This week, we have received an Oustanding Researcher approval in one day. I hope and wish we could see more of this lacrity in USCIS adjudications. Details of the case are here:
http://www.immigration.com/sample-ca...proved-one-day
For updates, see my blog page on Obama's Immigration Action.
Takeaway points for legal immigration from President Obama’s executive action:
1. USCIS is “about to” publish the final rule on H-4 work authorization. That will make it possible for certain spouses of H-1 holders to get work authorization.
2. Improving employment-based green card backlogs by:
a. Making visa issuance more efficient so no immigrant visas are wasted;
b. Providing for better AC21 rules and other ways to keep immigrant visas intact after a change of jobs. USCIS will clarify what constitutes “same or similar” job so that AC21 will not stop workers from getting promotions or even changing to related jobs within their field. USCIS must clear the path to career progression for green card applicants.
3. Expandingfurther the OPT time for STEM students, but creating tighter control on which universities/schools/degrees are eligible and ensure local workers are protected (Implement some sort of a “mini PERM?”).
4. Creating opportunities for foreign “inventors, researchers and founders of start-up” companies to come to the USA through an existing program called “National Interest Waiver.” Unfortunately for India, this is an EB-2 category program requiring several years of wait. But the following parole program will help:
a. Creating a parole (which is usually a temporary, but very quick measure and could eventually lead to a green card) program so that on a case-by-case bases, “inventors, researchers and founders of start-up” companies can be brought quickly into the USA where:
i.They have raised financing in the USA; OR
ii.Otherwise hold the promise of innovation and job creation through development of new technologies OR cutting edge research
5. Creating guidelines for exceptionally qualified or advanced degreed individuals to come to the USA through an existing program called “National Interest Waiver.” As noted, unfortunately for India, this is an EB-2 category program requiring several years of wait. But the parole option above could be helpful.
6. Providing clear guidance on L-1B program as to who can qualify.
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 a case for Outstanding Researcher a Cellular and Molecular Biologist with 8 prestigious awards, professional society memberships and multiple letters of recommendation from leading scientists. We were able to provide evidence to show extensive contributions to the field of cancer research.
I am still in the process of getting a green card. During this process I want to change my job from a present one to another one that is more challenging than the present one. Would this in any way affect getting the green card or is it advisable not to shift jobs now?
FAQ Transcript
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.
My I-485 (based on EB-1) is pending more than 180 days. If I decide to change jobs under AC 21 rule -<br>
(1) Does the new job description should be same as by definition of EB-1 or should it match my current job description based on which I applied for GC in EB-1B?<br>
(2) Do you advise to change using EAD or transferring H-1B? <br>
(3) Based on your experience, will you advise to change jobs under AC 21 or stay in the present job until GC is approved?
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
https://youtu.be/GtOqgqgEG6I?t=242
FAQ Transcript
We first obtained an O1 for this applicant by identifying his talents and expertise to be a cut-above his colleagues with similar educational and work experience. This applicant received a prestigious international award which set him apart from other research scientists in his field. He was noted for ground-breaking work in drug addiction research. We obtained recommendation letters from world experts and they noted that this applicant was one of the few researchers in the field who had achieved the highest level of success and had become
We obtained both and Outstanding Researcher and National Interest Waiver for this applicant. Based on his strong academic record and exceptional work experience we were able to obtain letters of recommendation from leading experts around the world. The applicant was currently working for one of the most prestigious research/teaching institutes in the world. His innovative research was noted internationally and he had multiple scholarly articles in well-respected journals. He also held membership in leading professional societies.&nbs
We won this case for the applicant based on his exceptional research record evident by his numbers of publications and invited presentations. At the time of filing, the applicant's research work had been cited over 100 times which is indicative of the high-quality, highly regarded work that he does. Referees noted that this applicant was one of the very small percentage of scientists who achieve the highest level of success in their given field.
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 this case for the applicant who had over twelve years research and teaching experience. He was considered a critical component to the success of his current project. At the time of filing, the applicant had over 22 publications in prestigious, international scholarly journals. The applicant's significant contributions had been cited by other renowned researchers in his field. His Ph.D. work was highly regarded and noted to be admired by several leading experts.
This applicant had over twelve years of research experience. We noted the applicant's international reputation in the fourteen recommendation letters submitted. The applicant was a member of a prestigious professional society membership of which requires noted achievements in the field. We provided evidence of the extensive presentations the applicant made due to his level of expertise in the field.
We won this case for the applicant who had an extensive publication record with over 40 publications at the time of filing. The recommendation letters noted his extraordinary talents and unique background as well as his vast knowledge in optical telecommunications. This applicant was requested to review for a world-renowned electrical engineering professional society journal.
We won an EB1 Outstanding Researcher/Professor case for an applicant holding an M.B.B.S. This applicant had over eight years of teaching and research experience in addition to his experience practicing as an Internal Medicine physician. He was world-renowned for his exceptional contributions to his field of medicine. We offered 17 exceptional recommendation letters from experts around the world who acknowledged the high level of achievement of this individual.
I first time contacted Rajiv in January 2007 by sending my CV and asked his opinion about EB1 success.
He called me next day and said that you have 50-50 chance to get EB1 approval. Immediately, we started working and in April 2007 we filed the I-140.
Since it was premier processing we got the RFE in 10 days, i was disappointed and Rajiv convinced me not to worry we will take care of it.
Both Rajiv and his team composed of Diane worked with me to collect more evidence and response the RFE in August 07, and Approval came in Sept 07.
Then they filed I-485 in Oct 2008, and Approval came today.
In summary, i would recommend all my friend and relative to hire Rajiv 's services for immigration purpose. I had an excellent working experience with his team and most importantly very nominal charges.
Thanks Rajiv and Diane for bringing freedom in my life.
GOOD JOB