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

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Profile review for EB1


MY name is Nishant and I am a final year Ph.D student. I am willing to apply for   EB1A green card and would be really appreciative if you can review my profile.

1) Number of Publications – 7 Research Articles, 3 review articles, 3 Book Chapters

2) Number of Citations – around 130-140

3) Reviewer for a journal “Pharmaceutical Biology”

4) Can Get references from Researchers in my Field

5) Presented Research work at international conferences

Please let me know if I should give it a shot or wait it out and build my profile further. I am also expecting to join industry research in a couple of months.


I am also interested in getting the packet if my profile is worth giving it a shot.

Thank You





8 Responses to Profile review for EB1

  • Tigran Kalaydzhyan says:

    Dear Nishant,

    While this information is not enough to say if you satisfy the USCIS criteria for EB1A (see the link below), it would definitely make sense to familiarize yourself with the details of the successful case preparation (because there are people who got the green card with similar credentials).

    As an example, it is important where you published those papers (impact factors of journals), whether or not you are the first author and what was your affiliation at that moment. Let’s consider two extremes – if the journals have high impact factors, you are the first author in all of them and you were at some famous institution at that moment, then you can satisfy the 3 USCIS criteria at once (Evidence of the alien’s original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the field; Evidence of the alien’s authorship of scholarly articles in the field, in professional or major trade publications or other major media; Evidence that the alien has performed in a leading or critical role for organizations or establishments that have a distinguished reputation;) – and you need only 3 criteria out of 10. The sustained acclaim you can prove through citations and reference letters. At the other extreme, if these papers were published in some unknown journal, and your contribution is marginal, they may play from little to no role. So there are many details that you may have to consider, and they are explained in our DIY packets.

    As an additional remark, please take into account that after you file I-140, you may not be able to extend F1 visa or get J1, since you will demonstrate the immigrant intent. It would make sense to extend you visa first and then file I-140. If you plan to get a postdoc in the U.S., it is also helpful to negotiate for H1B visa with your future employer, because it’s a dual intent visa and you can file I-140 without compromising your intent. Getting your PhD first will also make your case stronger.

  • Nishant Gandhi says:

    Thank You Tigran,

    only 3 of the 7 published papers are in medium impact factor journal (impact factor >6). I am the first author in all of the published papers.I already have my F1 Visa extended until 2021 so I guess that won’t be an issue. I have been offered a job at a new startup Pharmaceutical company and maybe I can talk to them about the H1B sponsorship later. Although, does it help to get a post doc instead of an industry job? I am planning to finish PhD by the end of this December and start new job mid January.

    Also, I would consider applying for the EB2-NIW category if its an easier/faster way to get the green card approved based on my profile.

    Thanks for your help.

    • Tigran Kalaydzhyan says:

      Hi Nishant,

      It is great that you have your F1 extended for such a long time. While NIW may be an easier way to get a green card in your case, taken that your work is health-related, it might be not the faster one. First, if you have an Indian citizenship (excuse me if I’m guessing it wrong), then even if I-140 is approved, you will not be eligible for the adjustment of status for the next several years. As an example, only those Indian nationals can now file I-485, who filed I-140 before 04/22/2009, see the link below
      EB1A does not have this restriction. Second, there is no premium processing for EB2-NIW and it can take several months until a decision on I-140 is made. EB1A has, however, the option of premium processing for additional cost, and the decision will be made within 15 calendar days.

      I do not think it makes a big difference if you get a postdoc instead of the industry job, it just has to be in the same field.
      Good luck in your immigration journey!

  • Nishant Gandhi says:

    Hi Tagran,

    Thank you for your timely response. So, the industry job I have been offered is not remotely related to my PhD work. It is more related to the work I did in India prior to coming for Ph.D. Yes, I still have the Indian Citizenship. So, in your view I should go ahead with EB1A considering the future work I will be doing will be completely different from my PhD research?

    Thanks again

    • Tigran Kalaydzhyan says:

      Hi Nishant,

      The thing is that both EB1A and EB2-NIW are employment-based green cards, meaning that you get them to work and apply your extraordinary/exceptional skills in the U.S. If you obtain one of them and immediately start or continue working in a field completely different from the one you used in the petition (most probably, your PhD field), this will be considered as a fraud. This may lead to complications when you apply for the U.S. citizenship in the future. It should not be exactly the same as your PhD topic, but the same or similar field. This field should be defined (in the petition, by yourself) narrow enough to make you one of the top experts, but broad enough to allow for a certain flexibility (please refer to our DIY packets for more details). Regarding the complete change of the field, the safe bet is waiting for several months after obtaining the green card and only then switching to a different field.

  • Nishant Gandhi says:

    Hi Tigran,

    Thank You for your response. My Ph.D. is in Pharmaceutical sciences where I am working towards developing products for cancer treatment. While in industry, I will be working towards developing products which may or not help in treating cancer but still related to Pharmaceutical industry.

    Thank You again

    • Tigran Kalaydzhyan says:

      I think this should be fine. You can include this to your work plan and explain how you will use your extraordinary skills in industry. This is still a plan, so you may expect to develop products for cancer treatment. Nobody should check what exactly you are developing – it’s important that you stay in the same field, and do not move to something completely different, say, finances. It’s a pity that you can’t really apply for NIW due to the lag, because it would be really easy with your field (cancer research) and credentials. However, the national interest still may play some secondary role in EB1A.

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