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.
What is the criteria for EB1?
Published Aug 15,2016
By SS
Hello,
I received my PhD degree from a US university in 2013. After that I started working for a consulting firm. It is not a research job. I have 5 papers from PhD. Am I eligible for EB1 category? I wanted to know that only postdoc or researchers are eligible for EB1 category.
In short, the EB1A immigrant classification applies to individuals with extraordinary ability in the sciences, arts, education, business, or athletics. The individual must demonstrate that they have sustained national or international acclaim and that their achievements have been recognized in the field of expertise, indicating that they are one of that small percentage who has risen to the very top of their field of endeavor. The individual must plan to continue to work in their area of extraordinary ability and they must substantially benefit prospectively the United States.
First, applying to your situation, it requires to define the field in which you claim the extraordinary ability and where you plan to work. If it is the business, then your research achievements play little or no role, unless they are directly related to each other. If you plan to apply based on your consulting expertise, then you have to be able to prove that you have risen to the very top of the field (among small percentage of people in the same field).
Second, you cannot apply as a researcher since your achievements are well in the past which is against the sustained national or international acclaim criterion. Your achievements have to be recognized for a certain period of time and be in the immediate past. However, if your current/future consulting activity is directly related to the past research, and your papers got well cited during the past few years, you can use this in your petition.
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.
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Not only postdocs or researchers are eligible for EB1A, please see the following link for criteria
http://www.greencardforphd.com/eb1a/extraordinary-ability-eb1a-and-uscis-criteria
In short, the EB1A immigrant classification applies to individuals with extraordinary ability in the sciences, arts, education, business, or athletics. The individual must demonstrate that they have sustained national or international acclaim and that their achievements have been recognized in the field of expertise, indicating that they are one of that small percentage who has risen to the very top of their field of endeavor. The individual must plan to continue to work in their area of extraordinary ability and they must substantially benefit prospectively the United States.
First, applying to your situation, it requires to define the field in which you claim the extraordinary ability and where you plan to work. If it is the business, then your research achievements play little or no role, unless they are directly related to each other. If you plan to apply based on your consulting expertise, then you have to be able to prove that you have risen to the very top of the field (among small percentage of people in the same field).
Second, you cannot apply as a researcher since your achievements are well in the past which is against the sustained national or international acclaim criterion. Your achievements have to be recognized for a certain period of time and be in the immediate past. However, if your current/future consulting activity is directly related to the past research, and your papers got well cited during the past few years, you can use this in your petition.