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Biotech patent attorney (PhD + JD)

Published Mar 29,2019 By Doyon Won

Hi — I would like to know if EB2-NIW is a suitable route for me.

My background is in pathobiology (PhD from Canada) and I have a JD.  I practice biotech patent law at a top firm in US.

Scientific publications – 3 with around 300 citations in total (per google scholar)

IP Law related publications – I have a few, but these are not peer-reviewed – just industry publication articles.

I am transitioning from TN1 to H1B, and want to pursue GC under the NIW if possible.



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Tigran Kalaydzhyan
Tigran Kalaydzhyan
5 years ago

Hi Doyon,

Here the question is if you can use your prior publications/citations as a leverage. Normally, they should belong to the field of endeavor you use in the I-140 petition. This is a tricky question. If you can do this and also present evidence of the work done by you in the chosen field as being important for the U.S. national interests, then you can go on and prepare a good I-140 petition. Since I have never dealt with patent attorney cases, I think the right course of action would be to share your resume and explanation of the situation with several immigration lawyers and see what they have to say. You can easily pick lawyers with the free first consultation, which is, basically, all you need.

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