Blog for Postdocs / Phds, National Interest Waiver, Extraordinary Ability
Archives


Disclaimer: The contents in this web site are only for your information and are not intended to be legal advice. While many of our applicants successfully obtain their I-140 approvals, the information here should not be considered as a guarantee of your green card application outcome.

Applying from outside the USA

Question:

Thank you so much for all your efforts on your website, it is really helpful ,after I saw your site I decided to go forward and self petition
but when I contacted a lawyer I got confused .My intention was to apply for the Eb1a but they advised me to apply for NIW .I am attaching my CV  it has my publications under published work heading.

As for citations I got citations 6 times.And I have other reference letters apart from the attached ones.

My question is which do you think will suit me better Eb1a or NIW? ;as i don’t know if my field of “Image Watermarking for Security Applications” will be eligible for NIW; my other question is  can I apply from outside the USA as I am from Egypt and what are my chances based on that?

Again Thank You So Much for all the help 🙂

Response:

In our opinion NIW may be more appropriate. EB1A may be possible but  that would require significantly more evidence than you have attached. In either case, lot depends on how the petition and evidence are presented.

Your recommendation letters need to be written appropriate to the right kind of petition.
For examples you can see self-petition packets as in our website.
Here are our thoughts on the area of your work.  It sound like your research area could be justified under NIW. In general most advanced research activities could be argued to be in the US national interest.
If you plan to apply from abroad, it is possible. You should fill you i-140 application differently and use the consular processing approach.
Sincerely
Green card for Phd Team
Helping NIW and EB1A applications
with our DIY packages

4 Responses to Applying from outside the USA

  • Amit Pande says:

    Hello,

    I see that this page is active. So, eager for your help. I have 50+ publications, 100 non-self/ 150+ citations, 12+ awards including prestigious NSF fellowship and Best paper awards. I did a Self-petition which got rejected. Moreover, I did a lawyer who (really was lazy and offered no help after I paid the fee) and it was rejected. I got two clause approved both the times – papers and reviewer for work of others, but not third one. Can you recommend me if I should try again and any attorney?

    • admin says:

      We looked at the link to your webpage. You seem to have good background and possibly satisfy all the requirements for a self-petition under EB1a or EB2niw. EB1a is generally hard, although still possible in your case provided you carefully prepare your petition and evidence. We suggest you look at some example petitions from successful petitioners.

      USCIS does not usually reject petitions. In many cases they send an RFE (request for evidence). A carefully constructed response most of the time succeeds. You can still try to self-petition (yourself or via a good lawyer). Many self-petitioners are successful on their own.

      This time you could specifically prepare your petition to address the shortcomings pointed in the petition response. One rule of thumb is to obtain 7 to >10 references who can strongly support your case. Please look at some example letters.

      We wish you best of luck

  • Sriram says:

    Hi,

    i am a postdoc at univ of missouri with the following credentials (PhD from US univ):
    1. 6 international journal publications with 100+ citations.
    2. 2 grants securing USD 300K+.
    3. An equation named after me ( cited by some other researcher in a published article)
    4. Several other lesser acclaimed recognition and awards.
    5. Reviewed work of others
    6. 1 Patent. 2 provisional patents filed.

    What would be my chances under EB1A category? It would be highly appreciated if you could let me know.

    Thanks in advance

Leave a Reply

Your email address will not be published. Required fields are marked *

Related