How strict is USCIS nowadays?

[federernadal]

So, I am a 25 year old guy with a Masters degree (both Bachelors and Masters in the US). I have presented 1 scholarly paper at a conference and have written one publication for a journal. I am a member of a few honor societies from college.

While I can expand and "talk up" my achievements, I am not an olympic gold medalist or nobel prize winner.

Here is my background

1) Evidence of receipt of lesser nationally or internationally recognized prizes or awards for excellence: Simple award for engineering excellence from the internationally known software vendor (I could potentially "talk this up".
2) Evidence of your membership in associations in the field which demand outstanding achievement of their members: I am a member of a society that clearly says "we only offer membership to top 25% of class"
3) Evidence of your authorship of scholarly articles in professional or major trade publications or other major media: I have had 1 article in an international magazine with 35000 print copies. And 1 article in a scientific journal with 60,000 print copies. I have also been invited to speak at an international conference.

4) Evidence of participation, either on a panel or individually, as a judge of the work of others in the same or allied academic field: While I am not currently done this, I intend to volunteer in the next few months.

Is EB1 totally out of the question?

[scientist2016]

So, I am a 25 year old guy with a Masters degree (both Bachelors and Masters in the US). I have presented 1 scholarly paper at a conference and have written one publication for a journal. I am a member of a few honor societies from college.

While I can expand and "talk up" my achievements, I am not an olympic gold medalist or nobel prize winner.

Here is my background

1) Evidence of receipt of lesser nationally or internationally recognized prizes or awards for excellence: Simple award for engineering excellence from the internationally known software vendor (I could potentially "talk this up".
2) Evidence of your membership in associations in the field which demand outstanding achievement of their members: I am a member of a society that clearly says "we only offer membership to top 25% of class"
3) Evidence of your authorship of scholarly articles in professional or major trade publications or other major media: I have had 1 article in an international magazine with 35000 print copies. And 1 article in a scientific journal with 60,000 print copies. I have also been invited to speak at an international conference.

4) Evidence of participation, either on a panel or individually, as a judge of the work of others in the same or allied academic field: While I am not currently done this, I intend to volunteer in the next few months.

Is EB1 totally out of the question?

I would say this is a pretty weak case for EB1. Though PhD is not a requirement, usually the adjudicators conflate not having one with not having outstanding achievements. Top 25% of the class is not a measure of outstanding achievement, and frankly your petition is competing with petitions that have a lot more publications and other criteria backing them.

[alisher]

Help to file I-765 under pending NIW

I have pending I-140 NIW. Now am applying for I-765, I-485 for EAD+AP. My wife had EAD as J2 visa status, her EAD application is pending now. What I can write in form I-765 now for pending NIW case:
1) Permission to accept employment? or Renewal of my permission to accept employment?
2) Have you previously filed Form I-765? (Do need to write yes and mention about EAD she has as J2 visa status)
3) Her category will be same as mine (c) (9) ?

[jaymlim109]

Yea.. You do not seem to meet the requirements for EB-1A. I have a PhD in Business and 2 publications in 4 % journals and still got denied.