Green Card through self petition

[madhavid]

Hi,

I came to USA in 2005 for MS in Biologocal Science on F1 visa. Since January 2010 I am working as a research associate (dept of cancer) in an University on a J1 visa . Last month my visa was converted from J1 to H1.

I am planning to apply for a green card through self petition, currently I do not have any publications under my name.

Please advice if I can apply for green card or I should wait till I have publications

Regards
Madhavi

[JoeF]

Are you trying NIW? Please be more specific.

You should consult with a good immigration lawyer. This is complex stuff.

Don't try to be penny wise and pound foolish.

[madhavid]

Thank you Joe,

Yes, I am considering applying under NIW. But for NIW I have to qualify for either Adv Degree professional or Exceptional ability.

But everywhere it states you need to have publications, articles in journal, award to make NIW petition stronger.

Hence wanted to know can apply for green card or I should wait till I have publications.

[JoeF]

Thank you Joe,

Yes, I am considering applying under NIW. But for NIW I have to qualify for either Adv Degree professional or Exceptional ability.

But everywhere it states you need to have publications, articles in journal, award to make NIW petition stronger.

Hence wanted to know can apply for green card or I should wait till I have publications.

 

As I said, consult with a qualified immigration lawyer experienced in these applications. Such a lawyer can guide you on what is needed.

[jairichi]

Thank you Joe,

Yes, I am considering applying under NIW. But for NIW I have to qualify for either Adv Degree professional or Exceptional ability.

But everywhere it states you need to have publications, articles in journal, award to make NIW petition stronger.

Hence wanted to know can apply for green card or I should wait till I have publications.

http://www.uscis.gov/working-united-states/permanent-workers/employment-based-immigration-second-preference-eb-2

 

You must meet 3 of the criteria below:

 

 Criteria

• Official academic record showing that you have a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to your area of exceptional ability
• Letters documenting at least 10 years of full-time experience in your occupation
• A license to practice your profession or certification for your profession or occupation
• Evidence that you have commanded a salary or other remuneration for services that demonstrates your exceptional ability
• Membership in a professional association(s)
• Recognition for your achievements and significant contributions to your industry or field by your peers, government entities, professional or business organizations
• Other comparable evidence of eligibility is also acceptable.

[madhavid]

Thank you so much Jai,

 

Is NIW the only available option for self petition

[balance_snapshot]

Thank you Joe,

Yes, I am considering applying under NIW. But for NIW I have to qualify for either Adv Degree professional or Exceptional ability.

But everywhere it states you need to have publications, articles in journal, award to make NIW petition stronger.

Hence wanted to know can apply for green card or I should wait till I have publications.

 

http://www.uscis.gov/eir/visa-guide/eb-2-employment-based-second-preference/national-interest-waiver

 

I had similar situation when applied for NIW (MS and did not have any publication). Last year my NIW application was approved.

[JoeF]

 

http://www.uscis.gov/working-united-states/permanent-workers/employment-based-immigration-second-preference-eb-2

 

You must meet 3 of the criteria below:

 

 Criteria

• Official academic record showing that you have a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to your area of exceptional ability
• Letters documenting at least 10 years of full-time experience in your occupation
• A license to practice your profession or certification for your profession or occupation
• Evidence that you have commanded a salary or other remuneration for services that demonstrates your exceptional ability
• Membership in a professional association(s)
• Recognition for your achievements and significant contributions to your industry or field by your peers, government entities, professional or business organizations
• Other comparable evidence of eligibility is also acceptable.

 

 

That's the general "exceptional ability" criteria.

For NIW, there is an additional requirement:

"You must meet at least three of the criteria below* and demonstrate that it is in the national interest that you work permanently in the United States."

NIW waives (that's the W part) the requirement of having a Labor Certification.

 

EB1-EA (Extraordinary Ability) also doesn't require an employment offer. But that's really for people with Nobel Prize, Olympic Medal, or similar:

http://www.uscis.gov/working-united-states/permanent-workers/employment-based-immigration-first-preference-eb-1

"You must meet 3 of 10 criteria* below, or provide evidence of a one-time achievement (i.e., Pulitzer, Oscar, Olympic Medal)

* Criteria for Demonstrating Extraordinary Ability

You must meet 3 out of the 10 listed criteria below to prove extraordinary ability in your field:

• Evidence of receipt of lesser nationally or internationally recognized prizes or awards for excellence
• Evidence of your membership in associations in the field which demand outstanding achievement of their members
• Evidence of published material about you in professional or major trade publications or other major media
• Evidence that you have been asked to judge the work of others, either individually or on a panel
• Evidence of your original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field
• Evidence of your authorship of scholarly articles in professional or major trade publications or other major media
• Evidence that your work has been displayed at artistic exhibitions or showcases
• Evidence of your performance of a leading or critical role in distinguished organizations
• Evidence that you command a high salary or other significantly high remuneration in relation to others in the field
• Evidence of your commercial successes in the performing arts"

[jairichi]

Thank you so much Jai,

 

Is NIW the only available option for self petition

EB-1 extraordinary ability which is tougher than EB-2 NIW.