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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Published Aug 20,2018
By Mukta Verma
Hi,
I’m a indian citizen living in Stockholm for 7 years, done my Ph.D. here in electronics and communication, currently doing post doc from the same place, I have applied for citizenship here,
I have over 20 1st author research paper published with over 50+ citations, and few international awards, also one of my research got worldwide media attention for its path-breaking findings,
As I see in the eligibility criteria I am also reviewing, judging other peoples work,
Can I apply for EB1A, if not what things I can add improve my chances,
Also, my husband is Indian citizen with 15 years of IT experience, can he apply for some type of Eb1 or NIW visa
Regards,
Mukta
Posted in EB1A
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Tigran Kalaydzhyan
6 years ago
Hi Mukta,
It looks like you should be able to satisfy 3 out of 10 criteria for EB1A defined by USCIS (publications, being judge of others and contribution of major significance), see the link below. The only obstacle you may have is low citation count that may prevent you from satisfying the “wide acclaim” requirement of the second part of the two-part evaluation procedure. In the past, we recommended our users to explain low citation count by the small size of the field and relatively rare publications in the field, and move the focus to the recommendation letters. Recently, however, we noticed that more weight is associated with citations and less weight is given to the letters during the evaluation. In general, the rules for EB1A became harsher, so it would make sense to contact a lawyer in order to monitor the situation. Currently, they advise to choose NIW instead of EB1A, but for you, as an Indian national, it may make no sense, because the priority date for Indian nationals is currently retrograded to Jan 1, 2007, so there is virtually no reason to try it. In other words, even if your NIW I-140 is approved, you may have to wait for a decade before being eligible to file I-485.
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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Hi Mukta,
It looks like you should be able to satisfy 3 out of 10 criteria for EB1A defined by USCIS (publications, being judge of others and contribution of major significance), see the link below. The only obstacle you may have is low citation count that may prevent you from satisfying the “wide acclaim” requirement of the second part of the two-part evaluation procedure. In the past, we recommended our users to explain low citation count by the small size of the field and relatively rare publications in the field, and move the focus to the recommendation letters. Recently, however, we noticed that more weight is associated with citations and less weight is given to the letters during the evaluation. In general, the rules for EB1A became harsher, so it would make sense to contact a lawyer in order to monitor the situation. Currently, they advise to choose NIW instead of EB1A, but for you, as an Indian national, it may make no sense, because the priority date for Indian nationals is currently retrograded to Jan 1, 2007, so there is virtually no reason to try it. In other words, even if your NIW I-140 is approved, you may have to wait for a decade before being eligible to file I-485.
Speaking of your husband, there is not enough information to say if he can be eligible for either category.
https://www.greencardforphd.com/blog/eb1a/