Green card for Postdocs

[Markus_777]

Hi,

Currently, I am working as a Postdoc in the USA in the area of computer science. I did my education in (till PhD) in Germany. I have 12 publications and two patents. What are my greencard chances (within EB1 and EB2 categories)?

[Kariboo]

Well, that depends.

Firstly: Would it be a self petition or would your employer petition? There are different requirements for those

Secondly, if you self petition you would have to prove under the EB1A category that you are among the top 2% or so in your field. For the Eb2NIW category you would have to argue that it is of a national interest for the US to keep you here.

There are no specific cut offs for number of publications etc. What it boils down to is that you prove that you fall in these categories based on the impact you have made in your field.

The information you have provided so far is not enough to make a guess as to your chances


To get you started I'll post the requirements for both categories, you can then see/post how those pertain to you. based on that it will be clearer what your chances are

EB1AThe EB1-Extraordinary Ability immigration category is reserved for those at the top of their field who have a record of sustained national or international acclaim.
You must meet at least three (3) of the criteria. Note that in order to claim a criterion each would have to prove 10being at the top of your field and 2) sustained acclaim. Claiming something that every other scientist does does not qualify you.

1) "Documentation of the alien's receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor."
2) "Documentation of the alien's membership in associations in the field for which classification is sought, which require outstanding achievements of their members, as judged by recognized national or international experts in their disciplines or fields."

3) "Published material about the alien in professional or major trade publications or other major media, relating to the alien's work in the field for which classification is sought. Such evidence shall include the title, date, and author of the material, and any necessary translation." The material must concern the person’s work in the field. Publications could range from journals specific to the field to major newspapers.

4) "Evidence of the alien's participation, either individually or on a panel, as a judge of the work of others in the same or an allied field of specification for which classification is sought."

5) "Evidence of the alien's original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the field."

6) "Evidence of the alien's authorship of scholarly articles in the field, in professional or major trade publications or other major media."

7) "Evidence of the display of the alien's work in the field at artistic exhibitions or showcases."

8) "Evidence that the alien has performed in a leading or critical role for organizations or establishments that have a distinguished reputation."

9) "Evidence that the alien has commanded a high salary or other significantly high remuneration for services, in relation to others in the field."

10) "Evidence of commercial successes in the performing arts, as shown by box office receipts or record, cassette, compact disk, or video sales."


EB2NIW
While determining whether an admission of an alien would be 'in the national interest', the following factors may be considered:

* Whether the alien's admission will be benefit the American economy.

* Whether the alien's admission will improve the working conditions and wages of U.S. workers.

* Whether the alien's admission will improve training and educational programs benefiting the U.S. under-qualified workers and children.

* Whether the alien's admission will help create more affordable housing for the young, aged or poor U.S. residents.

* Whether the alien's admission will improve the environment and lead to better usage of natural resources.

* Whether the alien's admission is requested by an interested U.S. government agency.

* Whether the alien will help improve the health care.

The alien must meet one or more of the above criteria to be considered for NIW petition.

The following three factors are considered in determining whether an alien will substantially benefit the national interests of the United States:

1. Alien seeks work in an area of "substantial intrinsic merit".

2. Alien's work must have a benefit which will be "national in scope". In other words, alien's perspective contribution will provide benefits that impact on a national scale, rather than bring benefits to a limited region in the U.S.

3. Alien must "serve the national interest to a substantially greater degree than would an available U.S. worker having the same minimum qualifications".



# Letters of Recommendation from prominent members or experts in your field such as substantial, recognized national or international organizations/institutes/government agencies.


# Affidavits from well-known, established and influential people or organizations.
e.g., Affidavits from leading scientists, representatives, and from the organizations associated with the type of research to be pursued would be helpful for an application being submitted for a scientist.

# Documentation of past achievements, proof that the alien has already created jobs, created an increase in exports, turned around a business or other economic improvements.

# Documentation of any past record that substantiates projections of future benefits to the national interest of the U.S. You must establish, in some capacity, your ability to serve the national interest to a substantially greater extent than majority of your colleagues. You must demonstrate to some degree, your influence on your field of employment as a whole.

# Satisfactory demonstration that the national interest would be adversely affected if a labor certification were required. Evidence that it would be contrary to national interest to deprive the prospective employer of the services of the alien by making the position available to the U.S. workers that is being sought by the alien.

Purpose of the labor certification is to protect the jobs and job opportunities of U.S. workers having the same minimum qualifications as an alien seeking employment in the national interest. The petitioner (either an alien himself/herself or the employer) must establish that the alien will serve the national interest to a substantially greater degree than would an available U.S. worker having the same minimum qualifications.

# Do NOT submit the evidence of labor shortage in NIW beneficiary's professional as it is excluded from waiving the job offer and labor certification requirement for NIW petition.

# Evidence of at least two years of experience in the area in which the alien will benefit the U.S. USCIS looks at this very closely to determine whether the alien has a serious commitment to the activity which promotes the national interest.

# Evidence of alien's significant role in the undertaking, and alien must not be simply a minor constituent who took part.

# Evidence that the benefits of your proposed employment will be in national scope. Even though your employment may be limited to a particular geographic area, it must establish a benefit to more than one particular region of the country. Moreover, there should be little or no adverse impact on the interests of other regions of the country.

# Evidence that the alien's employment is in an area of substantial intrinsic merit and important to the national interests of the U.S.

# If you hold a patent or are responsible for an innovation, you must demonstrate that specific innovation serves the national interest. Otherwise, don't submit any documentation as itwould be irrelevant for the petition.

# All publications, publication citation, abstracts, invitations to conferences, if any.

# Resume.
Your chances of NIW approval are not solely determined by your resume and background. All components of the petition must be looked at for determining the chances of approval.

# Details of the funding for your research projects or grants, if any.

# Requests for reprints of your publications, if any.

# Evidence of awards or honors received, if any.

# Comments on your published work by critics/journal referees, if any.

# Evidence of membership in professional associations, if any.

[UpenBabu]

Hello, I am a postdoc for last 5 years in US. I have received my I-140NIW approval through NIWEB2 category last year. I am waiting for a visa number to be current, but it seems a long process as it is retrogressed to Jan2005.

Can I apply under the EB1A category? Will it have any impact on my I140 approval? I do not have any awards, but have more than 30 publications, 50 citations, reviews in journals.

Should I try to apply in EB1A? Can I do it myself? I allready paid lawyer a lot for NIWEB2.

Please help.

[sur_pa]

Hello, I am a postdoc for last 5 years in US. I have received my I-140NIW approval through NIWEB2 category last year. I am waiting for a visa number to be current, but it seems a long process as it is retrogressed to Jan2005.

Can I apply under the EB1A category? Will it have any impact on my I140 approval? I do not have any awards, but have more than 30 publications, 50 citations, reviews in journals.

Should I try to apply in EB1A? Can I do it myself? I already paid lawyer a lot for NIWEB2.

Please help.

You can always apply for another catagory no harm, the only harm is you lose 475$.... By the way if you have publications is not enough you must have significant achievement. i.e., Did you review any others papers (as a referee) Did any one write about you in other journals that you did a good work (not letters to you). Reviews in journals, were they invited reviews. Do you have the letter/e-mail inviting you to write reviews (to you and not to your mentor).

An attorney can help you formulate nicer letter drafting and mnay times it is worth spending....

Summary is, you can send your I-485 and may be I-765 if you are exceeding your H1 terms A work permit will help you...if you have sufficient time on your H1 (6 yrs quota), why worry...