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  #1 (permalink)  
Old 07-10-2008, 04:06 PM
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jkamel5 is on a distinguished road
Default Green Card EB-2 with National interest waiver

I have a Ph.D and 2 M.Sc in Aerospace and Mechanical Engineering. I got my H1-B and I also have been employed for 3 months now. My company policy required 3 years before sponsoring me. I do not want to wait that long to start applying. How can I tell if I am qualified for EB-2 with National interest waiver? Is that the only way for me to get GC?

I also want to mention that I have 5 proceedings papers but not journals. I also do not have any citations for my proceedings papers.

Please advice me what is the best senario for me and if I have any chance to apply for EB-2 with NIV.
Thank you
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  #2 (permalink)  
Old 07-10-2008, 04:21 PM
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Your situation is slightly different than many I have come across. If your qualifications, research work, project etc have unique qualities, then you may still have a fighting chance. But you may have to do a lot of homework: find out NIW holders in your / related engg field, ask a few lawyers: do not believe right away if somebody promises they could, try to enroll in as many professional associations as possible, enlarge your skill portfolio etc.

BTW, is any degree of you from US?


Quote:
Originally Posted by jkamel5 View Post
I have a Ph.D and 2 M.Sc in Aerospace and Mechanical Engineering. I got my H1-B and I also have been employed for 3 months now. My company policy required 3 years before sponsoring me. I do not want to wait that long to start applying. How can I tell if I am qualified for EB-2 with National interest waiver? Is that the only way for me to get GC?

I also want to mention that I have 5 proceedings papers but not journals. I also do not have any citations for my proceedings papers.

Please advice me what is the best senario for me and if I have any chance to apply for EB-2 with NIV.
Thank you
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  #3 (permalink)  
Old 07-10-2008, 04:22 PM
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Just a thought (dont have an answer for you) - why dont you get in touch with a good lawyer? The Murthy's, Khanna's et al?

Good luck!
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  #4 (permalink)  
Old 07-10-2008, 05:33 PM
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Ramba has a brilliant future Ramba has a brilliant future Ramba has a brilliant future Ramba has a brilliant future Ramba has a brilliant future Ramba has a brilliant future Ramba has a brilliant future Ramba has a brilliant future Ramba has a brilliant future Ramba has a brilliant future Ramba has a brilliant future
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Quote:
Originally Posted by jkamel5 View Post
I have a Ph.D and 2 M.Sc in Aerospace and Mechanical Engineering. I got my H1-B and I also have been employed for 3 months now. My company policy required 3 years before sponsoring me. I do not want to wait that long to start applying. How can I tell if I am qualified for EB-2 with National interest waiver? Is that the only way for me to get GC?

I also want to mention that I have 5 proceedings papers but not journals. I also do not have any citations for my proceedings papers.

Please advice me what is the best senario for me and if I have any chance to apply for EB-2 with NIV.
Thank you
NIW is tricky. As you have PhD, you can apply yourself (w/o sponser) in EB1 Researcher catagory, if you do that kind of job.
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  #5 (permalink)  
Old 07-10-2008, 05:47 PM
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Quote:
Originally Posted by Ramba View Post
NIW is tricky. As you have PhD, you can apply yourself (w/o sponser) in EB1 Researcher catagory, if you do that kind of job.
The only self-sponsoring category are: EB2-NIW and EB1-EA (Extra Ordinary). EB1-EA is harder but EB2-NIW is not easy either. NIW will have to argue why labor certification should be waived. Talk to a lawyer. You will have to show YOUR work not just the field you work in has merit and in national interest. And you bring unique abilities to the US. Your past achievements and not future potential counts more.
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  #6 (permalink)  
Old 07-10-2008, 05:47 PM
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EB2 NIW does not give you much benefit because you are still stuck at EB2 PD's.
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  #7 (permalink)  
Old 07-10-2008, 05:51 PM
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Quote:
Originally Posted by anjans View Post
EB2 NIW does not give you much benefit because you are still stuck at EB2 PD's.
The OP is from Egypt, which is current.
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  #8 (permalink)  
Old 07-10-2008, 06:25 PM
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Thank you for your advice. My last M.Sc. and Ph.D. is from the USA. My Ph.D. is about manufacturing of aircraft brakes with Honeywell.

EB1-B or EB-2 is more suitable for me?
what bothers me is that I am not cited in the literature yet and I do not have awards.
Thanks,
John

Quote:
Originally Posted by gg_ny View Post
Your situation is slightly different than many I have come across. If your qualifications, research work, project etc have unique qualities, then you may still have a fighting chance. But you may have to do a lot of homework: find out NIW holders in your / related engg field, ask a few lawyers: do not believe right away if somebody promises they could, try to enroll in as many professional associations as possible, enlarge your skill portfolio etc.

BTW, is any degree of you from US?
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  #9 (permalink)  
Old 07-10-2008, 07:35 PM
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Quote:
Originally Posted by jkamel5 View Post
EB1-B or EB-2 is more suitable for me?
what bothers me is that I am not cited in the literature yet and I do not have awards.
Thanks,
John
You won't get a definite answer because its not a point based system. I think EB2 NIW is easier and current for Egypt so go for that. USCIS lists the criteria (at least 3 I think) that you must satisfy. If not then not much you can do.

Good luck!
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  #10 (permalink)  
Old 07-10-2008, 07:49 PM
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Quote:
Originally Posted by jkamel5 View Post
Thank you for your advice. My last M.Sc. and Ph.D. is from the USA. My Ph.D. is about manufacturing of aircraft brakes with Honeywell.

EB1-B or EB-2 is more suitable for me?
what bothers me is that I am not cited in the literature yet and I do not have awards.
Thanks,
John
Your profile does not sound enough for either EB1-OR (aka EB1-B aka EB1-2) or EB2-NIW. As pointed out before, if your employer is unwilling to "sponsor" you (i.e., not willing to sign a support letter), then you can go only with either EB1-EA or EB2-NIW. All other categories, including EB1-OR require sponsorship from the employer. In general, the lowest non-retrogressed preference level is the best bet. If you were born in Egypt, then that is EB2 (standard EB2 sponsored by your employer). For people who were born in India and (mainland) China, it is EB1.
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  #11 (permalink)  
Old 07-10-2008, 07:59 PM
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Hi,
Thanks for your advice. I believe that my employer has no problem to write me a recommendation letter or sign support letter.
Do you believe I have a chance or not ? which one?
Thanks,
John

Quote:
Originally Posted by raysaikat View Post
Your profile does not sound enough for either EB1-OR (aka EB1-B aka EB1-2) or EB2-NIW. As pointed out before, if your employer is unwilling to "sponsor" you (i.e., not willing to sign a support letter), then you can go only with either EB1-EA or EB2-NIW. All other categories, including EB1-OR require sponsorship from the employer. In general, the lowest non-retrogressed preference level is the best bet. If you were born in Egypt, then that is EB2 (standard EB2 sponsored by your employer). For people who were born in India and (mainland) China, it is EB1.
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  #12 (permalink)  
Old 07-10-2008, 08:39 PM
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Quote:
Originally Posted by jkamel5 View Post
Hi,
Thanks for your advice. I believe that my employer has no problem to write me a recommendation letter or sign support letter.
Do you believe I have a chance or not ? which one?
Thanks,
John
Well, your ideal bet is the standard EB2. It will require a labor certificate. The issue is that the cost of obtaining the labor certificate (including lawyer's fee and job advertisement costs; usually total around $5k-$6k) must be borne by the employer; it is the law. You can bear the rest of the cost (I-140+I-485+lawyer's fee for those two stages). If your employer is willing to at least pay for that, then go for it; you will get your GC within a year or two (assuming no major changes in the rules, situations, etc.).

If your employer is not willing to spend any money, then you have two options: EB1 or EB2-NIW; they do not need labor certificate.

The EB2-NIW category does not need employer's sponsorship. However, a support letter from the employer strengthens the case quite a lot. To prove yourself eligible for EB2-NIW, you need to argue that if a labor test is done and an eligible citizen or permanent resident shows up (and hence you cannot be hired), then it will be a *national* loss to the US. Basically this means you have to prove that your field *and* your individual work in the field are very important to the US nationally (i.e., not just to the particular part of the US where you live/work). Other than publications (number as well as quality), citations, and perhaps most importantly, a set of (10-15) recommendation letters from the well known leaders of your field are usually used to establish this.

The EB1-OR (outstanding researcher) category requires that you be in a "researcher" position and your company employs at least 5 other researchers (I am assuming that you are not a tenure-track faculty member in a US institute of higher education). If this is true, then your employer simply needs to "sponsor" you by providing a support letter. No labor certification is needed; so employer need not bear any cost; you are allowed to pay for the whole process. You need to establish that you are an "outstanding researcher" with international reputation.

From what you have told us, it seems that EB2-NIW might be possible for you, but you very likely do not satisfy EB1-OR's requirements. In any case, there is a good amount of randomness in the process and hence there is always a possibility of getting approved. So if your employer does not want to spend any money and you can spare the money, then it may be worth a shot applying for an EB2-NIW. If you decide to do so, get a good lawyer, though.
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  #13 (permalink)  
Old 07-10-2008, 09:20 PM
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Sep-05
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Quote:
Originally Posted by jkamel5 View Post
Thank you for your advice. My last M.Sc. and Ph.D. is from the USA. My Ph.D. is about manufacturing of aircraft brakes with Honeywell.

EB1-B or EB-2 is more suitable for me?
what bothers me is that I am not cited in the literature yet and I do not have awards.
Thanks,
John
Since you have a PhD and reserach in Aircraft Braking Systems, which can be argued as aircraft safety and in national interest, you may qualify for NIW. It all depends upon you how well you argue your case as NIW and how good are your recommendations and support documentations. You need to get your papers published in reputed Journals and also get onboard of journal publication evaluations.

You also need a good lawyer (however you will end up doing 90% of work because of your unique field of research). However I would not recommend Murthy or Rajiv, because NIW is not their speciality. You need to go to a lawyers who have NIW and EB1 as speciality.

EB1 is not a good category for you, as of now, but it may change depending on your career progress.
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  #14 (permalink)  
Old 07-10-2008, 09:38 PM
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Thanks for your amazing help.
I have two more question that I am not sure about:

1-I understand from your letter that EB2-NIW has less requirements than EB1-OR, and hence it is more safe to apply for EB2-NIW. Is that true?

2-In case I want to apply for EB1-OR, does my company has to sign I-140. I am just worried that they does not want to sponsor me till after 3 years? Does I-140 hurt the company by any means?

Thank you,
John



Quote:
Originally Posted by raysaikat View Post
Well, your ideal bet is the standard EB2. It will require a labor certificate. The issue is that the cost of obtaining the labor certificate (including lawyer's fee and job advertisement costs; usually total around $5k-$6k) must be borne by the employer; it is the law. You can bear the rest of the cost (I-140+I-485+lawyer's fee for those two stages). If your employer is willing to at least pay for that, then go for it; you will get your GC within a year or two (assuming no major changes in the rules, situations, etc.).

If your employer is not willing to spend any money, then you have two options: EB1 or EB2-NIW; they do not need labor certificate.

The EB2-NIW category does not need employer's sponsorship. However, a support letter from the employer strengthens the case quite a lot. To prove yourself eligible for EB2-NIW, you need to argue that if a labor test is done and an eligible citizen or permanent resident shows up (and hence you cannot be hired), then it will be a *national* loss to the US. Basically this means you have to prove that your field *and* your individual work in the field are very important to the US nationally (i.e., not just to the particular part of the US where you live/work). Other than publications (number as well as quality), citations, and perhaps most importantly, a set of (10-15) recommendation letters from the well known leaders of your field are usually used to establish this.

The EB1-OR (outstanding researcher) category requires that you be in a "researcher" position and your company employs at least 5 other researchers (I am assuming that you are not a tenure-track faculty member in a US institute of higher education). If this is true, then your employer simply needs to "sponsor" you by providing a support letter. No labor certification is needed; so employer need not bear any cost; you are allowed to pay for the whole process. You need to establish that you are an "outstanding researcher" with international reputation.

From what you have told us, it seems that EB2-NIW might be possible for you, but you very likely do not satisfy EB1-OR's requirements. In any case, there is a good amount of randomness in the process and hence there is always a possibility of getting approved. So if your employer does not want to spend any money and you can spare the money, then it may be worth a shot applying for an EB2-NIW. If you decide to do so, get a good lawyer, though.
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  #15 (permalink)  
Old 07-10-2008, 10:39 PM
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Quote:
Originally Posted by jkamel5 View Post
Thanks for your amazing help.
I have two more question that I am not sure about:

1-I understand from your letter that EB2-NIW has less requirements than EB1-OR, and hence it is more safe to apply for EB2-NIW. Is that true?
The requirements are a bit different. For NIW, you need to show *national* interest/impact of your work; for EB1-OR, it is *international* impact/reputation. In general, it is easier to wriggle out an argument for national interest in one's work than showing international reputation. Moreover, EB2-NIW being EB2 is supposed to be easier to satisfy.

See the following, e.g.:

http://www.usavisanow.com/nationalin...ncardinfo.html

With the caveat that I have not seen your C.V., I am fairly certain that if you do go for an EB1-OR application, it would be a weak application at best. With EB2-NIW you might have a better chance.
Quote:
Originally Posted by jkamel5 View Post
2-In case I want to apply for EB1-OR, does my company has to sign I-140. I am just worried that they does not want to sponsor me till after 3 years? Does I-140 hurt the company by any means?
Yes, your company must sponsor you (usually the highest HR person has to sign the petition on behalf of the company; not your immediate Boss or colleague). You cannot hide the fact from them.
Quote:
Originally Posted by jkamel5 View Post
Thank you,
John
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