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

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Undecided whether EB1 or EB2-NIW


Quite an impressive history of success!

Let me take this opportunity to introduce myself.  My name is Praveen Bachawala and I am a Sr. Scientist at Sigma-Aldrich R&D labs, Isotopes Division, where I perform custom synthesis of complex organic molecules which have therapeutic value and incorporate isotopes (13C, 15N, 2H) as per clients requirements.  Isotopes help researchers to identify the metabolic pathway and pin point the true location of isotopically tagged ingredient when ingested into a specimen.  This labelled study would immensely help in obtaining clues to design more robust drugs which are specifically targeted and selective towards a particular disease.  Our clients represent broad spectrum from Pharmaceuticals to  Academics performing various research.  

I am currently on H-1B visa issued 10/2013 and before that I was on F-1 visa during my Ph.D studies.  With 3 patents, 2-book chapters, 1 publication, 4 research awards, outstanding reviewer & recognised reviewer award from Elseiver Publications for reviewing scientific journal articles, 10 poster presentations.  
My employer has not initiated PERM case on my behalf as of yet and may apply sometime in 2017.  Hence, would like to Self-Petition, kindly suggest if I have a strong case for EB-1 or EB2-NIW, both of them look scary.  Please guide me in this process.
Waiting eagerly for your response.

3 Responses to Undecided whether EB1 or EB2-NIW

  • GCforPhD says:

    Hi Praveen

    You have an impressive resume. You should be able to apply in either one of the two categories. Generally EB1a is harder than NIW. We assume you have read through the NIW and EB1a requirements. You would have no problem with NIW.

    In the EB1a you would be able to satisfy the statutory requirements. In addition you would have to show that your work is a) extra-ordinary and b) there is sustained national or international interest in your work. Usually publications and citations spread over several years help in showing the later. If you can show that there is sustained acclaim/interest in your work you should be able to successfully apply in EB1a.

    You can look at our example petitions. Email us for more information.

    Best Wishes

  • Praveen says:

    Dear GCforPhD,

    I apologize for my delayed response, got one quick question for you before final purchase. I would like to apply for EB2-NIW, since I have a permanent job would it be beneficial for me to apply in Adv. degree professional + national interest or exceptional ability + national interest please advise. When I looked through the seven criteria under exceptional ability: I am not sure as criteria (3), (4) are both confusing. I have a PhD and I am practicing my profession, what dollar amounts satisfies commanded salary as per USCIS is not stated whereas I have been in my current job for 5 years.

    Waiting eagerly for your reply,
    Praveen B.

    • GCforPhD says:

      Hi Praveen

      We normally suggest applicants to choose the exceptional ability criteria because uscis prefers this category. Criteria 3 is looking for professional certifications or licenses such as engineering licenses etc. Criteria 4) is subject to interpretation and it is up to the applicant to show what is considered as normal salary in the field (using various salary tools– eg. glassdoor) and show that his/her salary is higher.

      Best wishes

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