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

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.

Eligibility for EB1-a

Dear Readers,

I seek your expert opinion on my credentials, on whether you feel they have a chance of satisfying EB1-A. I am an Indian and kind of tired at this point.

1. Graduated with a Doctorate in  2013

2. Authored 3 papers in the highest journals  in my field, SAE and ASME. My papers have a total of 6 citations from 2013 till now. Citations are very limited in my field of diesel engine development.

3. I have reviewed 5 papers for ASME and 3 for Hindawi, they have an acknowledgement about me on their website.

4. SAE produces an annual commercial magazine where they have mentioned my paper

5. I have been on the committee of a Masters thesis.

6. I have 2 recommendation letters from industry experts that hold a few dozen patents, but I cant say if they are well known because they are old and have almost no internet presence, other than patent filings.

I have consulted one attorney who said my case was not worth pursuing but I am at a point where I have nothing to lose so I want o give it a shot.

I seek your individual opinions about likelihood of success for my case.

Thank you very much!

One Response to Eligibility for EB1-a

  • Tigran Kalaydzhyan says:

    This case might be difficult to pursue, however, it depends on the specifics of your field and how well you prepare the case. If you can prove that you are among the very top experts in your field, and your work is used by other specialists around the world (despite the small number of citations), then you can try. Please familiarize yourself with the USCIS criteria
    Please keep in mind that the recognition should be among peers on a national or international level. For instance, being on the committee of a Masters thesis does not count as being a judge of the work of others, while being a referee of an international journal does. If you have only few citations, then you can explain it by the fact that the citations are limited in the field (as you said in your message) and you can provide, say, 7 letters from specialists in different countries stating how they use your research in their work and how significant is the impact.

    Regarding things to lose, please keep in mind that filing I-140 has certain drawbacks:
    [1] If you file I-140, you will demonstrate an immigrant intent that may prevent you for obtaining a non-immigrant visa (such as J1) in the future.
    [2] Filing I-140 costs $580 and significantly more if filed together with I-485 and/or premium processing.
    [3] It normally takes few weeks to prepare

    Please feel free to ask further questions.

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