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  #1 (permalink)  
Old 12-07-2007, 12:02 PM
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Default EB1 qualification

Hi!

I have a question about wether a person with US Masters can qualify for EB1 category? Please comment.

I know generally people with such qualification fall into EB2 category. However, does years of expereience and say Patents qualify you to be considered as EB1?

Thanks for reading this thread and commenting.
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  #2 (permalink)  
Old 12-07-2007, 12:07 PM
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Lightbulb Yes they can qualify

Yes they can qualify in certain cases but the application as well as candidate have to be exceptionally strong. The company should be able to prove that the job needs a guy with EB1 skills and candidate should have proven academic record with publications and patents that support the job description. I had heard of a guy from Texas Instruments who got his GC through EB1
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  #3 (permalink)  
Old 12-07-2007, 12:38 PM
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If company is filing, EB1-OR is easier than EB1-EA. EB1-EA can be self-filed but harder to get. There is another category of EB1 I think for managers which I am not familiar with.
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  #4 (permalink)  
Old 12-07-2007, 12:54 PM
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EB1 is typically for Phds with solid publications behind their belts.

In some cases the individual can sponsor himself without an employer as such people are considered a good value add to the US. In other cases, an employer has to have a bonafide job opening requiring such skills (mostly professors, research, etc.,). These people are usually given their Green cards in ceremonies unlike EB2/EB3 where the card is mailed out in a USPS envelope.

There is also an easy way. In some companies in India, people with 5-6 years of experience are promoted to Project manager roles and have a group of people reporting to them. If this company transfers them to the US to continue the same role, they become eligible for EB1. So in a typical case,

complete education at age 22 and join company x as a software engineer
get promoted to Project manager at age 27 (5 years later)
come to the US at age 28 ( a year later)
apply for GC on EB1 (directly apply for 140/485 as there is no Labor required and also PDs are current)
get GC at age 29

you are all set...get married, buy the mini-van (Odyssey or Sienna), perhaps open a India/Pakistan grocery store on the side which rents out pirated DVDs of desi movies and enjoy life!

Last edited by kaisersose; 12-07-2007 at 01:00 PM.
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  #5 (permalink)  
Old 12-07-2007, 12:59 PM
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Default

Quote:
Originally Posted by BECsufferer View Post
Hi!

I have a question about wether a person with US Masters can qualify for EB1 category? Please comment.

I know generally people with such qualification fall into EB2 category. However, does years of expereience and say Patents qualify you to be considered as EB1?

Thanks for reading this thread and commenting.
In theory, About our own "genuine" educational qualifications We can all discuss this all our life. BUT our educational qualification is SECONDARY for any EB based GC process. The first and foremost qualification is your employer
"should have such a position where EB1/2/3 hiring is must" OR be willing to "create such job position". Then your "Genuine" or "Created" educational qualification and/or "prior work experience" comes into play.

So it is possible that you may come across more advanced people rotting in Eb3 category as they might have choosen "Genuine" way and their employer "could have only Eb3 requirement" while s/he had to file GC and "not willing to create" any acomodative position/s.

And you may also be able to see dumb ones as far as "Genuine educational qualification" is concerned but street smart already having GC based on EB1/2 and perhaps sarcasticlly laughing towards us. Now that does not necessarily mean all EB1/2 are dumb ones and street smart OR viceaversa. And that does not mean all EB3 are "genuine ones" and Viceaversa.

Frustrating? Isn't it? Welcome to the GC world.. Bottomline, it is all about what your "Employer wishes and how s/he wants to proceed and what level s/he can accomodate your "needs" "....
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Last edited by BharatPremi; 12-07-2007 at 01:33 PM.
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  #6 (permalink)  
Old 12-07-2007, 05:28 PM
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Default Nope!

Quote:
Originally Posted by kaisersose View Post
EB1 is typically for Phds with solid publications behind their belts.

In some cases the individual can sponsor himself without an employer as such people are considered a good value add to the US. In other cases, an employer has to have a bonafide job opening requiring such skills (mostly professors, research, etc.,). These people are usually given their Green cards in ceremonies unlike EB2/EB3 where the card is mailed out in a USPS envelope.

There is also an easy way. In some companies in India, people with 5-6 years of experience are promoted to Project manager roles and have a group of people reporting to them. If this company transfers them to the US to continue the same role, they become eligible for EB1. So in a typical case,

complete education at age 22 and join company x as a software engineer
get promoted to Project manager at age 27 (5 years later)
come to the US at age 28 ( a year later)
apply for GC on EB1 (directly apply for 140/485 as there is no Labor required and also PDs are current)
get GC at age 29

you are all set...get married, buy the mini-van (Odyssey or Sienna), perhaps open a India/Pakistan grocery store on the side which rents out pirated DVDs of desi movies and enjoy life!
I know you are being pointedly sarcastic at a section of green card applicants but Project Managers are not eligible for EB1. (Don't give that section any bright ideas) Only multi-national executives (VP and above are)
in addition to researchers who have exceptional track-record (no, publishing papers in IEEE digest doesn't count)

Haven't heard of EB1s getting GC in ceremonies. After all the little piece of plastic is not an award of merit or anything (even though lot of us seem to think so )
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  #7 (permalink)  
Old 12-07-2007, 05:43 PM
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Default

Quote:
Originally Posted by angelfire76 View Post
I know you are being pointedly sarcastic at a section of green card applicants but Project Managers are not eligible for EB1. (Don't give that section any bright ideas) Only multi-national executives (VP and above are)
in addition to researchers who have exceptional track-record (no, publishing papers in IEEE digest doesn't count)

Haven't heard of EB1s getting GC in ceremonies. After all the little piece of plastic is not an award of merit or anything (even though lot of us seem to think so )
Sorry buddy....I know 4 of my friends who got their GCs through EB1 within a year - all project managers. The key piece of documentation required by USCIS was an official org chart from the company showing people reporting to the applicant both back in the foreign country and currenty in the US.

Now it is certainly possible that some applicants were rejected because the IO was not convinced, but I know four people who sailed through without RFEs.
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  #8 (permalink)  
Old 12-07-2007, 05:48 PM
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Quote:
Originally Posted by angelfire76 View Post
... Project Managers are not eligible for EB1. (Don't give that section any bright ideas) Only multi-national executives (VP and above are)
in addition to researchers who have exceptional track-record (no, publishing papers in IEEE digest doesn't count
nope. My own manager in my previous company got his GC done in EB1. He is not a VP or anything, just a project manager! Some reports here, some in the india office + a nice case prepared by a top lawfirm and you can be all set.
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  #9 (permalink)  
Old 12-07-2007, 06:21 PM
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Default Interesting...

Maybe the definition of project managers varies by company. Most PMs I know have maybe around 6-7 years of work experience and I definitely wouldn't classify them as executives or even say that their employment is in the National Interest.

However I do know of some cases where doctors have got NIW based on practicing in an under-served (rural?) area.

Is there a way to prove that one who created a suite of applications without which a business unit will stop functioning comes under National Interest?
Just a thought.
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  #10 (permalink)  
Old 12-07-2007, 07:21 PM
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Quote:
Originally Posted by angelfire76 View Post
Maybe the definition of project managers varies by company. Most PMs I know have maybe around 6-7 years of work experience and I definitely wouldn't classify them as executives or even say that their employment is in the National Interest.

However I do know of some cases where doctors have got NIW based on practicing in an under-served (rural?) area.

Is there a way to prove that one who created a suite of applications without which a business unit will stop functioning comes under National Interest?
Just a thought.
I think - the spirit of EB-1 (manager) has to do with having full managerial control over people (performance management, hiring/ firing/ compensation rather than just supervisory control) and/or a business portfolio (say - head of a business division)

but as someone pointed out - let lawyers figure out the best strategy for each case.......
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Last edited by sayantan76; 12-07-2007 at 07:28 PM.
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  #11 (permalink)  
Old 12-07-2007, 09:33 PM
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actually you don't need even a degree to get EB1. if you have a nobel prize or pulitzer prize or olympics medal or equivalent you can apply and get eb1. (details are there in uscis website). phd and several published papers and patents are not sufficient for eb1.

Quote:
Originally Posted by BECsufferer View Post
Hi!

I have a question about wether a person with US Masters can qualify for EB1 category? Please comment.

I know generally people with such qualification fall into EB2 category. However, does years of expereience and say Patents qualify you to be considered as EB1?

Thanks for reading this thread and commenting.
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  #12 (permalink)  
Old 12-07-2007, 09:42 PM
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Most Project managers who get their GC in EB1 category are here on L1 A visa.
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  #13 (permalink)  
Old 12-07-2007, 11:37 PM
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I've known a few EB-1's. The typical profile is a guy with a few years experience working in a desi outsourcing company in India. Their direct reports are a few freshers from colleges you've never heard of, some with 3 yr diplomas.
After a year, they move here on L-1 visa and promptly apply for GC. In the US, their direct reports are other fresh H-1Bs or L-1s. They plan the whole thing just with an EB-1 in mind - and they get it too.

In the past EB-1 numbers have been unused and distributed to EB-2/EB-3. I don't see that happening in the future.
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