Advice Regarding EB1-B(OR)/EB2-NIW

[Ketpatt]

I need some advice in deciding between applying for EB1-B/EB2-NIW.

I have been working for a private company for a little more than a year. I am confused over which path to take. 

I am not sure if Eb1B can be filed by private employers.

 

My profile: 

Received my PhD 1.5 years ago from the US.

4 Publications (Good Impact Factor Journals)/1 Book Chapter/3 Patent Applications pending)

Have less than 30 citations on the publications because the field is very narrow. Not many researchers in the same field. 

5 Review requests from 3 journals

gold medal during bachelors 

2 years pre doctoral government sponsored fellowship during phd

20 poster presentations in conferences

membership in scholarly societies that accepts members by invitation only

I can get 6 strong recommendation letters from top people in the field that I have not directly worked with. 

I am planning to use about 1.5 years of my phd research/teaching assistantship experience to count towards the 3 year requirement. 

 

Your help is greatly appreciated. 

 

 

 

 

 

[jairichi]

I need some advice in deciding between applying for EB1-B/EB2-NIW.

I have been working for a private company for a little more than a year. I am confused over which path to take. 

I am not sure if Eb1B can be filed by private employers.

 

My profile: 

Received my PhD 1.5 years ago from the US.

4 Publications (Good Impact Factor Journals)/1 Book Chapter/3 Patent Applications pending)

Have less than 30 citations on the publications because the field is very narrow. Not many researchers in the same field. 

5 Review requests from 3 journals

gold medal during bachelors 

2 years pre doctoral government sponsored fellowship during phd

20 poster presentations in conferences

membership in scholarly societies that accepts members by invitation only

I can get 6 strong recommendation letters from top people in the field that I have not directly worked with. 

I am planning to use about 1.5 years of my phd research/teaching assistantship experience to count towards the 3 year requirement. 

 

Your help is greatly appreciated. 

I doubt you qualify for EB1. You could try your chances with EB2-NIW. But, your chances of approval are slim. Talk to a good attorney.

[t75]

Consult an attorney experienced in filings in your area for assessment of your qualifications and chances for EB-1. You are employed and can certainly afford the fee as an investment in your future. This forum's sponsor is well regarded in these types of filings.

 

"Work" while degree candidate is generally an academic requirement.  Using it for work experience is iffy. Don't count on using it without more research. Fellowship is no big deal as most PhDs have funding and many are fellowships such as yours. Gold medal is not likely to be important.

 

Since you likely are on H-1B,  consult an attorney and make a plan to build the best case possible even if it takes a few more years. It is better to wait to file a strong case than to file and get a denial. An attorney is essential, IMO, for the best advice and outcome.