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Munshi75
01-08-2011, 12:39 PM
Has onebody been through EB2-NIW application process recently. It would be helpful to hear from anyone with a basic/ research science background. MY background :I have a Masters and few publications with six yrs of academic/industrial experience and been involved in key projects . Any inputs would be appreciated.

Thanks

sravs1234
01-08-2011, 03:41 PM
as it says, eb2-niw, it is still eb2 category, which means the pd is not going to be immediately current. (i put this, just so that u know).

it does not matter if u have 1 or 10 pubs, for niw, u will have to prove ur research is of national importance, if u can prove that, then yes, go for it.

the only thing niw can get u is u dont have to apply for labor. u start at the second step i-140, which saves considerable time.

i know this coz, my husband has close to 40 pubs, 2 edited books but never wanted to apply for eb1 or eb2-niw. i guess, may be, our pd is very close.

sravs

greencardapply
08-01-2011, 02:15 PM
Has onebody been through EB2-NIW application process recently. It would be helpful to hear from anyone with a basic/ research science background. MY background :I have a Masters and few publications with six yrs of academic/industrial experience and been involved in key projects . Any inputs would be appreciated.

Thanks
I just have my NIW approved last week.
I only have MS degree as well.
MS degree is enough satisfy the EB-2 requirement but not NIW.
It's tricky to argue a MS holder satisfied NIW requirements because we don't usually have many papers and citations.
My lawyer focused on my other achievements and defend my poor publications by citing some AAO decisions.

I guess a good petition letter is important if your background is not strong enough.

slowwin
08-01-2011, 04:32 PM
M.S is enough but need to satisfy three out of the 10 criteria for Exceptional ability. In addition you would need to show that the applicant enhances national interest through his/her work. This could be an invention/product or any other work with significant direct impact on the national economy (not just local or regional). If this has been advertised/recognized in a trade magazine or commercial framework , you would have a very good case.

slowwin
-------------------------
This is a non professional advise only. Not liable for any direct or implicit suggestion.


Has onebody been through EB2-NIW application process recently. It would be helpful to hear from anyone with a basic/ research science background. MY background :I have a Masters and few publications with six yrs of academic/industrial experience and been involved in key projects . Any inputs would be appreciated.

Thanks

greencardapply
08-01-2011, 05:43 PM
M.S is enough but need to satisfy three out of the 10 criteria for Exceptional ability. In addition you would need to show that the applicant enhances national interest through his/her work. This could be an invention/product or any other work with significant direct impact on the national economy (not just local or regional). If this has been advertised/recognized in a trade magazine or commercial framework , you would have a very good case.

slowwin
-------------------------
This is a non professional advise only. Not liable for any direct or implicit suggestion.
My lawyer says AAO decisions have clearly pointed out that MS degree is an advanced degree if it is a U.S. degree or equivalent of U.S. MS degree.
So you don't need to satisfy the requirements for exceptional ability.

slowwin
08-01-2011, 09:58 PM
I don't dispute that. You would need to prove first "exceptional ability". and then you are asking for "waiver in the national interest". These criteria can be easily researched on the net (google). you would see umpteen websites and decisions etc. This way you can educate yourself and not take whatever your attorney tells you dumbly (sorry! expression only).
You would end doing most of the work, like drafting experience/reference letters etc. If you are spending significant amount of money then go all out to get your NIW case watertight. If need be try to update your evidence in terms of publications/industry magazine exposure of your work and how that effects/improves economy (ex: new invention created a defense application or helped in creating a new drug or delivery mechanism).

slowwin
-----------------------------
Just an opinion. Not liable for it.

My lawyer says AAO decisions have clearly pointed out that MS degree is an advanced degree if it is a U.S. degree or equivalent of U.S. MS degree.
So you don't need to satisfy the requirements for exceptional ability.

kevin08
08-02-2011, 06:33 PM
I don't dispute that. You would need to prove first "exceptional ability". and then you are asking for "waiver in the national interest". These criteria can be easily researched on the net (google). you would see umpteen websites and decisions etc. This way you can educate yourself and not take whatever your attorney tells you dumbly (sorry! expression only).
You would end doing most of the work, like drafting experience/reference letters etc. If you are spending significant amount of money then go all out to get your NIW case watertight. If need be try to update your evidence in terms of publications/industry magazine exposure of your work and how that effects/improves economy (ex: new invention created a defense application or helped in creating a new drug or delivery mechanism).

slowwin
-----------------------------
Just an opinion. Not liable for it.

In my opinion, the "exceptional ability" requirements for EB1-EA should not be confused with the EB2-NIW requirements. In order to qualify for EB2-NIW case, an applicant must satisfy the requirements of the three-prong test established by the "NYSDOT" case.

slowwin
08-02-2011, 09:59 PM
EB1A is "extraordinary ability", whereas as EB2 "exceptional ability" - this still requires labor certification, but for EB2 NIW you have to prove first that the applicant is of exceptional ability and then you can ask for waiver of this certification based on national interest, so called national interest waiver(NIW) which is an additional test to pass . NYSDOT case does establish precedent for these type of applications and defines the standards of evidence.

slowwin
--------------------------------------
Not liable for the opinion given here. use it at your own discretion.

In my opinion, the "exceptional ability" requirements for EB1-EA should not be confused with the EB2-NIW requirements. In order to qualify for EB2-NIW case, an applicant must satisfy the requirements of the three-prong test established by the "NYSDOT" case.

kevin08
08-02-2011, 11:02 PM
EB1A is "extraordinary ability", whereas as EB2 "exceptional ability" - this still requires labor certification, but for EB2 NIW you have to prove first that the applicant is of exceptional ability and then you can ask for waiver of this certification based on national interest, so called national interest waiver(NIW) which is an additional test to pass . NYSDOT case does establish precedent for these type of applications and defines the standards of evidence.

slowwin
--------------------------------------
Not liable for the opinion given here. use it at your own discretion.

Agreed!

greencardapply
08-07-2011, 12:23 AM
I am pretty sure you can satisfy the requirement of EB-2 by EITHER having advanced degree OR having exceptional ability after checking my lawyer's website (and also did some research myself as suggested):

EB-2 (Employment-Based 2nd Preference) Overview (http://www.wegreened.com/EB2-Employment-Based-2nd-Preference.html#Greencard)

That is how my lawyer qualified me for NIW, by arguing that I had advanced degree (MS) and then arguing that I satisfied the three prong test set by NYDOT case. :)

kevin08
08-07-2011, 08:57 PM
I am pretty sure you can satisfy the requirement of EB-2 by EITHER having advanced degree OR having exceptional ability after checking my lawyer's website (and also did some research myself as suggested):

EB-2 (Employment-Based 2nd Preference) Overview (http://www.wegreened.com/EB2-Employment-Based-2nd-Preference.html#Greencard)

That is how my lawyer qualified me for NIW, by arguing that I had advanced degree (MS) and then arguing that I satisfied the three prong test set by NYDOT case. :)

greencardapply,
I sent you a PM.