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NIW comparable evidence

Published Oct 5,2019 By wiseguy

Hello all,

I am a PhD candidate in the US, expecting graduation in May 2020. I am European so I plan to apply for EB2-NIW as soon as possible but would like to ask a few questions about the NIW prongs that I need to satisfy.

I believe I have satisfied the following NIW prongs:

  1. Advanced degree
    1. Masters in Chemical Engineering
  2. Recognition of achievements and significant contributions to industry or field by peers, gov entities, prof or business organization
    1. 3 first author papers in journals (impact factor >3)
    2. 15 citations
    3. 6 conference presentations (talks and posters combined)
    4. 1 conference grant
    5. research sponsored by NIH

However, I do not have think I satisfied the following:

  1. Membership in professional associations:
    1. I have sigma XI but I have heard that it is not a strong evidence
  2. High salary for services that demonstrate exceptional ability:
    1. Have not lined up a job and even if I did not sure how to prove
  3. 10 years experience:
    1. I have 5 years research experience in this field
  4. License to practice your professional or certification for your profession:
    1. Do not have a PE license and I am unaware of any other licenses in this field.

The criteria listed on the USCIS website claims that “other comparable evidence of eligibility is also acceptable.” So the question is: what other “comparable evidence” can I use to fulfill the third prong of the EB-2 NIW? Would a patent application fall in this category? Would news publications about my work fall in this category? or even doing peer reviews for established journals?

I would like to know how else I can fulfill that last prong.

Thank you.

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BlogSupport
4 years ago

This is what USCIS mentioned regarding this:

“Comparable evidence is to be accorded the same weight as evidence submitted in support of the criteria listed above. Irrespective of the type of evidence presented, the entrepreneur has the burden of proving, by a preponderance of the evidence (i.e. more likely than not), his or her eligibility for the EB-2 visa classification. USCIS will take into account the totality of the circumstances when reviewing the evidence provided.

When comparable evidence is presented, the entrepreneur must explain how and why the regulatory criterion for which comparable evidence is being submitted does not readily apply to his or her occupation.

There is no limitation on the type of comparable evidence the entrepreneur may present; instead, the focus is on the quality of the evidence presented and how it compares to the regulatory criterion for which it is being substituted. For example, the entrepreneur might demonstrate such past achievements as his or her successful history in obtaining venture capital funding from reputable sources, or his or her past participation in incubators (entities that provide resources, support, and assistance to entrepreneurs to foster the development and growth of an idea or enterprise) that have high evaluative standards for participation.”

Source: https://www.uscis.gov/archive/archive-news/employment-based-second-preference-immigrant-visa-category-frequently-asked-questions-regarding-entrepreneurs-and-employment-based-second-preference-immigrant-visa-category

Please keep in mind that the applicant’s work should be (has to be demonstrated to be) of high significance in the US national interest. If the work improves any of the following then it can be argued as work in national interest.

1. The U.S. economy,
2. Educational and training programs for U.S. children and under qualified workers,
3. Provide more affordable housing for young, aged, or poor U.S. residents,
4. The U.S. environment, lead to more productive use of the national resources,
5. National security,
6. Wages and working conditions of U.S. workers,
7. A key / strategic technology area identified by government agency,
8. An important technology area that is likely to make profound national impact,
9. Defense research,
10. Fundamental research with wide range of national applications.

The comparable evidence will be different for different applicants, as different fields can have their specific ways to prove importance of the research or skills of the applicant.

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