EB1, National Interest Waiver, and Exceptional Ability Green Card Processes/Requirements

[Attorney_22]

This week, Murthy Law Firm attorneys will answer questions regarding green card processes and requirements of the EB1, national interest waiver and exceptional ability categories.

Rules for Topic of the Week Threads:

1. Attorney's postings contain general information only and are not a substitute for case-specific legal advice.

2. The attorney will answer only those questions which relate to the main subject. If you have a question on some other issue, please start a new thread in the appropriate forum section.

3. The attorney will not necessarily answer every question posted and may provide a single answer to a group of similar questions.

4. Please do not provide information which would identify any specific company, university or individual.

[Mayday]

4 hours ago, Attorney_22 said:

This week, Murthy Law Firm attorneys will answer questions regarding green card processes and requirements of the EB1, national interest waiver and exceptional ability categories.

Rules for Topic of the Week Threads:

1. Attorney's postings contain general information only and are not a substitute for case-specific legal advice.

2. The attorney will answer only those questions which relate to the main subject. If you have a question on some other issue, please start a new thread in the appropriate forum section.

3. The attorney will not necessarily answer every question posted and may provide a single answer to a group of similar questions.

4. Please do not provide information which would identify any specific company, university or individual.

What's the minimum peer reviewed abstracts or mansucripts required for a typical eb1 approval

[Ronia]

How is the "national interest" test proven? 

Is the "national interest" standard for EB-2s the same standard as that for Section 13? (see bullet 4)

[Attorney_22]

On 10/19/2017 at 9:39 PM, Mayday said:

What's the minimum peer reviewed abstracts or mansucripts required for a typical eb1 approval

There is no bright-line or minimum requirement for these types of petitions, because not every publication may be weighted the same. Rather, you should look at the totality of the support documentation to determine the likelihood of success. The Murthy Law Firm can conduct a review of your qualifications and inform you of our opinion regarding your chance of success. 

[Attorney_22]

4 hours ago, Ronia said:

How is the "national interest" test proven? 

Is the "national interest" standard for EB-2s the same standard as that for Section 13? (see bullet 4)

No, those are different standards. 

[dr_varun]

Hello, 

I completed my PhD and i am planning on filing EB-1A GC by myself. I will be collecting all the required documents over the next couple of weeks. However, i would request for you to specify a timeline for the process from the day i submit my package. How long would it take for I140 approval (if i opt for the premium process) and how long it takes to get the travel document ?

Apologies for the long question. Hope this can be answered. 

[Attorney_22]

18 hours ago, dr_varun said:

Hello, 

I completed my PhD and i am planning on filing EB-1A GC by myself. I will be collecting all the required documents over the next couple of weeks. However, i would request for you to specify a timeline for the process from the day i submit my package. How long would it take for I140 approval (if i opt for the premium process) and how long it takes to get the travel document ?

Apologies for the long question. Hope this can be answered. 

If filed pursuant to Premium Processing, the application should be adjudicated within fifteen calendar days. However, that does not mean an approval, it could be an RFE within fifteen days. If concurrently filing the I-485 with the I-140, unless the I-140 is denied, the EAD should be issued within normal processing times. Currently, that is about four months. 

[CKS0685]

Hi,

I have a PhD that i completed a few years ago from a US University and then returned to India without filing for my Green Card. I am now back in the states on H4 currently. Can I still file a Green Card for myself under EB1 Category or is there a time limit from when i complete my Phd to the time i can file a petition for GC?

Thanks!

[Attorney_22]

On 11/2/2017 at 6:47 PM, CKS0685 said:

Hi,

I have a PhD that i completed a few years ago from a US University and then returned to India without filing for my Green Card. I am now back in the states on H4 currently. Can I still file a Green Card for myself under EB1 Category or is there a time limit from when i complete my Phd to the time i can file a petition for GC?

Thanks!

You can file an EB1A self petition at any time. However, a Ph.D. alone is not normally sufficient for an approval. To discuss the requirements in detail feel free to call our office and speak to one of our attorneys.