neerajbioxford Posted August 9, 2015 Report Share Posted August 9, 2015 Hi Members, I was wondering if I am eligible to file my GC in EB1 category as I have a patent under my name. Please suggest.ThanksRaj Link to comment
MS_Neuro Posted August 22, 2015 Report Share Posted August 22, 2015 EB-1 is determined by two steps, first you have to meet at least 3 of 10 criteria which is set by the USCIS. You can find these 10 categories in the USCIS website given below http://www.uscis.gov/eir/visa-guide/eb-1-extraordinary-ability Having a patent will help, but you will need strong evidence for 3 of that 10 criteria The second step is, the USCIS will determine the merit of your evidence. For example if you say you have Nobel prize, that is of the highest merit. If you say you have a patent, that is good, but has a lesser merit than a Nobel prize. So they will make this merit determination for every piece of evidence you submit. Please know that the government is very stringent on this merit determination. If you clear both step 1 and 2, then an EB-1 extraordinary ability will be granted. Please consult with an immigration lawyer who can review your particular lists of evidence and advise you on whether your case is viable. A patent alone does not mean approval Link to comment
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