EB-1 Extraordinary Ability

EB1 for Physicians

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EB1 for Physicians

We have successfully helped many physicians obtain self sponsored EB1A green cards.  When we take a case, we look at the overall accomplishments of the client. Some clients believe that you have to have thousands of publications or citations to obtain an EB1A approval.  The truths is none of our approved EB1A clients have thousands of publications or citations.  We have many clients who are managers, software engineers, IT managers, athletes and physicians who did not have any publications or citations.  As a physician, if you have publications or citations, we can use them.  However if you do not have any, we will help you build a case to evidence other criteria that can be used instead.  The minimum is 3/10 but let us identify ways to argue more than the minimum to give you the best chance for approval.  Our goal is to make the case strongest possible and present it the way that USCIS wants to see it.

Here are the EB1 criteria:

  • Receipt of lesser nationally or internationally recognized prizes or awards for excellence;
  • Membership in associations in the field that demand outstanding achievement of their members, as judged by recognized national or international experts;
  • Published material about the alien in professional or major trade publications;
  • Evidence that the alien is a judge of the work of others in the field;
  • Evidence of the alien’s original contributions of major significance to the field;
  • Authorship of scholarly articles;
  • Display of the alien’s work at artistic exhibitions or showcases;
  • Evidence the alien has performed in a leading or critical role for organizations that have a distinguished reputation;
  • Evidence that the alien commands a high salary in relation to others in the field; or
  • Evidence of commercial success in the performing arts.

You can send your CV to info@messersmithlaw.com for an evaluation or give us a call at 305 515 0613.  We’re here to help you achieve your goal.

EB1A and EB1B Concurrent Filings

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I’m a researcher currently working in Virginia University.  I have numerous publications and hundreds of citations.  I believe that I’m qualified for EB1-EA.  My boss is also agree to sponsor me through EB1-OR. Can I file both EB1-EA and EB1-OR at the same time?

Yes. Many of our clients opt for filing both petitions simultaneously. Often, one petition will be approved earlier than the other. Moreover, each application may be routed to a different adjudicating officer and if one officer incorrectly denies the first application, the other officer may approve the second application.

EB1 Extraordinary Ability and EB1 Outstanding Researcher Concurrent Filing

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I’m a researcher currently working at Yale.  I have numerous publications and hundreds of citations. I believe that I’m qualified for EB1-EA.  My boss is also agree to sponsor me through EB1-OR. Can I file both EB1-EA and EB1-OR at the same time?

Yes, many of our clients who qualify under two or more categories, choose to make multiple filings. There is no limit on the number of I-140 applications you can make. However, there are important difference in EB1A and EB1B. You may be able to establish one but not the other. Please send us a copy of your CV and we can help you make the correct choice.

Principle Green Card Applicant to File Without Dependents

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I’m ready to have you handle my green card case through both EB1 and NIW. I do not want to file the green cards petition for my wife and daughters at this time due to our financial situation. Is it Ok if I have my case approved first then file for them? Will they still be able to benefit from my approval? Thanks.

While it is possible under immigration law to do what you are requesting, it can be dangerous if not timed perfectly. I understand that an additional $3,030 in filing fees is a lot of money but I would recommend you either 1. File your EB1 and NIW first without any green card application or 2. Borrowing the money or wait until you’ve saved sufficient funds and then file for everyone simultaneously.

Notice of Intent to Deny (NOID) Received in an EB1 Extraordinary Ability Petition

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Thank you for providing this service. I have filed an EB1 application through another law firm and have received a notice of intent to deny NOID. I have about 40 publications, 200 citations and 15 patents and review manuscripts for 5 international journals. I thought I had a good case but now I am not so sure. Is it possible to change their opinion of me and get my green card approved?

First, let me state that USCIS is making all types of applications more difficult. That being said, there is no reason why your EB1 case should be denied. Your stated qualifications are greater than the majority of our EB1 clients and we can very likely get your case quickly approved. There are many reasons that could explain why you received a NOID. It could be that your qualifications were not presented well to the USCIS officer. It could be that your recommendation letters were poorly written or not from appropriate persons. It could also be that the USCIS officer made an error and/or is not familiar with the regulations or law. You should be aware that the USCIS allows 30 days to respond to a NOID, so you will have to act quickly to have your response filed. If you would like our assistance, please contact my office as soon as possible to avoid missing your response deadline.

H1B Visa Stamping for Researchers and Scientists

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My company recently filed my H1B application which was quickly approved by USCIS. I went to the US Consulate in Chennai for stamping and they asked me to complete a detailed questionnaire about my research, my qualifications and how my trip to the US will benefit my research. I wasn’t expecting this and they told me that my answers could result in an indefinite wait for the visa stamp. Is there anything you can do to help?

While these questionnaires would appear to be more applicable to EB1 or NIW beneficiaries, they are actually for a Security Advisory Opinion from the US Department of State. These lengthy questionnaires are becoming more and more common for persons coming to the US to do any sort of research whether the application is for H1B visa, O-1 visa or EB1 or NIW. .Most of our clients are getting clearance in about 1-2 months and we are instructing applicants to plan ahead.

Green Card Options for PhD Holders

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In virtually all types of green card application, the foreign national seeking permanent residence must have a sponsor.  Typically the sponsor is the applicant’s employer or there is some type of familial relationship.  For certain PhD holders, or even PhD students, the foreign national can act as both the sponsor and the applicant.

The two paths to permanent residence that allow self-sponsorship are the EB-1 Alien of Extraordinary Ability category and the EB-2 National Interest Waiver (NIW) category.  While both categories have stringent requirements, the Eb-1 category is much more restrictive and requires the applicant to prove that he or she is one of the top individuals in his or her area of expertise.  Currently, there is no benefit to having an EB-1 application approved over an NIW application except for nationals of PR China and India.  Unless bragging rights are important, most applicants would be better off applying through the NIW category because approvals are easier.

There are three keys to a successful EB-1 or NIW application.

1.  Strong credentials.  In our experience, a successful EB-1 applicant should have a PhD, 10+ journal publications, 40+ journal citations, 5+ conference proceedings and previous service for a journal reviewing manuscripts or membership in highly regarded professional organizations.  These are not absolute minimums as we have obtained EB-1 approvals for clients with significantly weaker credentials but this should serve as a guide for potential applicants.  In contrast to the EB-1 requirements, an NIW applicant need only a PhD with 3+ journal publications and 5+ journal citations.

2.  Strong Recommendation Letters.  Both EB-1 and NIW applicants should obtain at least 4 recommendation letters from various sources.  These letters must be worded correctly or the USCIS officer reviewing the application will use the letters against the applicant to deny the case.

3.  Persuasive Cover Letter.  It is absolutely imperative to guide the USCIS officer through the application to educate them on the applicant’s accomplishments and why those accomplishments are superior to others.  The cover letter must cite the applicable statutes as well as federal court cases to explain why the applicant meets the legal burden of proof.  The burden of proof rests with the applicant and he or she must demonstrate eligibility for the category.

It normally takes about 12-18 months to get a decision on the EB-1 or NIW application.  If the applicant fails to demonstrate eligibility and the case is denied, it can be appealed.  Appeals generally take 12 months and most denials are sustained.  The applicant may also choose to refile but in each application, the applicant must disclose previous filings.  Without substantial new accomplishments, the case is likely to be denied again.  Therefore, it is vital to present the best possible case to USCIS in the first application.