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Fast Track Your Green Card: How a PhD Accelerates Your Immigration Process

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This article was originally published in the New Immigrant Insider by Dr. Aditi Paul.

In 2009, as I prepared to move to the US, my sister gave me a piece of advice that I hated with all my guts.

“Don’t go for MS. Go for PhD”

For someone who wanted to quit education after high school, this was the worst possible news ever. MORE education? No, thank you.

But, in hindsight – it turned out to be the best advice.

Not only did a PhD open doors of opportunity, but it also expedited my immigration journey through EB1-B (a category reserved exclusively for Researchers and Professors), saving me 50+ years of my life.

How exactly does a PhD help you qualify for the EB1 category?

1. a phd helps you identify your field of expertise.

To qualify for EB1-B, you must demonstrate extraordinary ability in your specific field of expertise. The field of expertise is a crucial aspect of the EB1 visa application, as it forms the basis for assessing your achievements , recognition , and impact in that particular field.

One of the core requirements of a PhD is to delve deeply into a particular field, gaining comprehensive knowledge and expertise in a specialized area.

2. A PhD trains you to make original contributions

One of the 6 requirements of EB1-B is for you to provide “Evidence of original scientific or scholarly research contributions in the field.”

The very essence of a PhD lies in producing original perspectives, methodologies, and impactful insights, often showcased in dissertations and publications.

Also, it is not enough for you to produce original knowledge in PhD. You also need to demonstrate the significance of your contribution by effectively communicating the novelty, rigor, results, and potential impact of your research.

3. A PhD helps you gain global recognition

The first sentence of EB1 qualification says that you need to “…..demonstrate you have sustained national or international acclaim..”

PhD puts you on the trajectory to achieve this level of recognition.

As a PhD student, you are typically required to share your original contributions at conferences, in the US and abroad , gaining international recognition and fostering global collaborations.

So, what is the moral of the story?

First, listen to your older siblings – those folks are SMART!

Second, learn how to strategically leverage a PhD to expedite your green card journey, unlocking a wealth of possibilities in the United States, the ultimate land of opportunity.

Read the full article here…

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Faculty and Scholar Immigration Services

EB-1 Outstanding Professors or Researchers

Step 1: Determine EB-1 eligibility Step 2: Prepare EB-1 request Step 3: FSIS processing Step 4: USCIS processing Step 5: Apply for U.S. permanent residence

Step 1: Determine EB-1 eligibility

U.S. Citizenship and Immigration Services (USCIS) will approve an EB-1 outstanding professor/researcher petition only if the evidence submitted with the petition supports the contention that the employee is internationally recognized as outstanding in the academic field.

Provide documentation showing both the position and the employee meet the necessary requirements below. If any document is not written in English, provide a translation and a translator’s certification .

Step 2: Prepare EB-1 request

UH colleges, schools, departments, and units need to follow each step below to complete and submit EB-1 requests to FSIS .

1. The UH department initiates the EB-1 request.

The UH department works with the EB-1 beneficiary to obtain necessary information and documentation for the EB-1 request packet. The department completes/gathers its portion of the documents listed on the EB-1 Request Form .

2. The HR specialist reviews the EB-1 request and attaches documents.

The UH department forwards its portion of the EB-1 request packet to the HR specialist for the college/school/unit. The HR specialist reviews these documents and attaches any additional documents.

The HR specialist sends the complete hard copy request packet to an Immigration Specialist at FSIS .

Step 3: FSIS processing

Once FSIS receives the request from the HR specialist, we will review it. If we have any questions, we will contact the HR specialist and/or the employee. As long as all initial requirements are met, we will complete the following:

Note: At this step in the process, certain employees may be eligible to concurrently file a Form I-485 adjustment of status application with the Form I-140 petition. See Step 5 below for more details.

Step 4: USCIS processing

Upon receiving the EB-1 I-140 petition, USCIS will conduct an initial review to ensure the petition is being filed with the appropriate fee. If USCIS determines the petition has been properly filed, it will mail a receipt notice to FSIS , and we will email a copy to the employee and HR specialist.

USCIS adjudication

Under regular processing , it generally takes USCIS 7-9 months to adjudicate petitions.

If premium processing service is requested, USCIS will act on the petition within 15 business days (“Act on” = approve, deny, request further evidence, or notify of intent to deny). USCIS offers this service for an additional fee .

While the petition is pending, the employee can check its status using the receipt number and view average processing times on USCIS ’s case status website .

If the petition is approved, USCIS will mail the I-140 approval notice (Form I-797 Notice of Action) to FSIS . FSIS will email a copy of the notice and information about the next steps to the employee and HR specialist. It is important to note that approval of an EB-1 I-140 petition does not grant a person legal status in the U.S. The employee must continue to have valid status and work authorization in the U.S. until permanent residence is obtained.

Step 5: Apply for U.S. permanent residence

The employee can apply for permanent residence by one of these two methods:

Effect of unauthorized employment or status

If the employee has maintained a valid nonimmigrant status throughout their stay in the U.S. and is currently in the U.S. in a qualifying nonimmigrant status, adjustment of status or consular processing are both options for the final stage of the permanent residence process. However, if the worker has not maintained status, has engaged in unauthorized employment, or has violated the terms and conditions of admission for a total period of more than 180 days, they may not be eligible to adjust status in the U.S. In such a case, the only option will be consular processing.

Navigating the EB-1 Green Card Process: A Comprehensive Guide to Evidentiary Criteria and Comparable Evidence.

by SW Law Group, P.C. | Sep 20, 2023 | Immigrant Visas

Obtaining a green card (lawful permanent residence) in the United States is typically based on one of several employment-related categories. The specific employment-based green card category you qualify for depends on your qualifications, skills, and the needs of the U.S. job market.

In this article, we will delve into the intricate details of the EB-1 green card overview. Specifically, we will clarify the most updated guidance provided by U.S. Citizenship and Immigration Services (USCIS) which has described examples of evidence for EB1-1 extraordinary ability and EB1-2 outstanding professor or researcher petitions, with a focus on STEM fields. Moreover, we will explore how immigration officers evaluate the totality of evidence presented by applicants, offering insights into the positive factors that may tip the scale in favor of a successful EB-1 green card application. These policy clarifications serve as a valuable guide for individuals seeking lawful permanent residence in the United States through the EB-1 category.

The EB-1 (Employment-Based First Preference) green card category is designed for individuals with extraordinary abilities , outstanding professors or researchers , and multinational executives and managers . It offers a relatively fast track to obtaining lawful permanent residence (a green card) in the United States.

In preparing your EB-1 green card application, consider these key steps for each specific category: For EB-1A, assemble evidence showcasing your extraordinary abilities, including awards, publications, memberships, and achievements, and seek expert opinion letters affirming your exceptional talents. If pursuing EB-1B, secure a job offer from a U.S. educational or research institution, compile proof of your notable contributions in academia or research, and gather letters of recommendation from respected peers. For EB-1C, verify the qualifying relationship between your foreign and U.S. employers, substantiate your executive or managerial role in the foreign company, and document the job offer from your U.S. employer. These crucial components are pivotal in the EB-1 green card journey.

The category of Extraordinary Ability (EB1-1) necessitates the substantiation of sustained national or international acclaim within the realms of sciences, arts, education, business, or athletics. To satisfy this criterion, it is incumbent upon the applicant to meet a minimum of three(3) out of the ten (10) specified criteria outlined below. Alternatively, they may present evidence of a singular exceptional achievement, exemplified by accolades such as a Pulitzer Prize, an Oscar, or an Olympic Medal, coupled with clear documentation of their continued dedication to their area of expertise. Significantly, it is noteworthy that neither a compulsory offer of employment nor a labor certification is requisite within this category.

USCIS has demonstrated that to prove extraordinary ability, the petitioner must furnish documentation reflecting sustained national or international recognition in their field. This can involve a major internationally recognized award or a combination of three specified types of evidence from the regulations. The evidence should showcase significant contributions to the field, and although the term ‘extraordinary’ need not be explicitly stated, it should be evident from the material provided. While one strong piece of evidence in a specific category can suffice, an excessive volume of documentation may not establish eligibility. Ultimately, the evidence must demonstrate the beneficiary’s position among the elite in their field.

The evaluation process consists of two steps: first, assessing evidence against regulatory criteria, and second, considering the evidence as a whole for the final determination, considering the high level of expertise required for this immigrant classification.

On September 12, 2023, USCIS has comprehensively updated content of first Step of Reviewing Evidence and gave examples for each criteria.

Evidence of receipt of lesser nationally or internationally recognized prizes or awards for excellence;

First, USCIS initially assesses if the individual has received prizes or awards, focusing on the recipient rather than the employer. Second, USCIS evaluates whether the award is a nationally or internationally recognized prize for excellence in the field, not necessarily equivalent to the prestige of a Nobel Prize. Qualifying awards may include those from renowned national institutions, professional associations, doctoral dissertation recognition, or conference presentations. Factors considered include award criteria, national or international significance, the number of recipients, and competitor limitations. While many academic awards may not meet the recognition threshold, some nationally or internationally recognized awards for excellence may suffice, even if limited to specific groups, such as youth, amateurs, or early-career professionals. For instance, awards to newcomers in major sports leagues can achieve national or international recognition through media coverage.

Evidence of your membership in associations in the field which demand outstanding achievement of their members
Evidence of published material about you in professional or major trade publications or other major media
Evidence that you have been asked to judge the work of others, either individually or on a panel
Evidence of your original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field
Evidence of your authorship of scholarly articles in professional or major trade publications or other major media
Evidence that your work has been displayed at artistic exhibitions or showcases
Evidence of your performance of a leading or critical role in distinguished organizations
Evidence that you command a high salary or other significantly high remuneration in relation to others in the field
Evidence of your commercial successes in the performing arts [1]

The category of Outstanding Professors and Researchers (EB1-2) , establishing international recognition for exceptional accomplishments within a specific academic discipline is essential. It is imperative that you possess a minimum of three years of experience in either teaching or conducting research within that academic domain. Your entry into the United States must be with the intent to pursue a position involving either tenure or a tenure track in teaching, or a research role of comparable standing at a university, institution of higher education, or a private employer. Furthermore, to meet the eligibility criteria, you should fulfill a minimum of two of the six criteria** detailed below, while also presenting a formal offer of employment from your prospective U.S. employer. In the case of private employers, they must substantiate their documented achievements and employ a minimum of three full-time researchers. Importantly, this category does not necessitate labor certification.

On September 12, 2023, U.S. Citizenship and Immigration Services (USCIS) has comprehensively updated content in this area. Stay tuned for more information.

[1] See: Criteria for Demonstrating Extraordinary Ability

Frequently Asked Questions for EB1-B (Outstanding professors and researchers)

Who qualifies as an outstanding professor or researcher?

Three requirements must be satisfied for a petition of outstanding professors or researchers:

An outstanding professor or researcher is a foreign national who is recognized internationally as outstanding in a specific academic field.
The foreign beneficiary must have at least three years of experience in teaching or research in the academic field.
The foreign beneficiary must be offered a tenured or tenure-track teaching or research position at a university, or a comparable research position with a private employer if the employer has at least three full-time researchers and documented accomplishments in the research field.

Who can file a petition under EB1-B?

The employer must file the preference petition with the USCIS; the foreign person is the beneficiary of the petition.

What form does EB1-B petition file?

All petitions of EB-1 need to file Form I-140.

Is a labor certification required before the filing of I-140?

No labor certification is required before the I-140 filing for all groups of EB-1.

Is a job offer required for EB1-B?

Yes. A job offer is required under this category and the foreign professor/researcher needs employer sponsor to file the petition.

What are the major advantages of applying for EB1-B-Outstanding Professors or Researchers?

No labor certification is required.
All visas are current so it much faster to obtain a Green Card in this category than others.

How difficult is it to have EB1-B petition approved?

The burden of proof in EB1-B cases rests solely with the petitioner. The petitioner has to provide substantial evidence of the two out of six regulatory criteria the foreign professor/researcher is attempting to satisfy. If the foreign professor/researcher is qualified, the probability of success depends largely on the way the case is presented. If the evidence is relevant and well presented, and the argument is made persuasively, then the case should be approved routinely.The approval rate of EB1-B case has been over 90 percent over the last 5 years. See Approval rate from 2005-2010 .

What eligibility criteria should be identified in the case of Outstanding Professor or Researcher petitions in Form I-140?

The I-140 petition for Outstanding Professor or Researcher should include the follow documents:

The petition should identify which of the six regulatory criteria the alien is attempting to satisfy and the relevant evidence for each individual criterion.
Provide evidence that the alien has at least three years of experience in teaching and/or research in the academic field.
Submit a copy of the petitioner's actual job offer issued to the alien beneficiary. This letter or contract must set forth the title, terms and conditions of the position offered.
Send documentation as outlined above for each position if the beneficiary has changed positions since s/he was initially hired.

What evidence should be included in an EB1-B petition?

Substantial amount of evidence must be included in EB1-B petition to support the satisfaction of qualification. A petition for outstanding professor or researcher must be accompanied by evidence of the six regulatory criteria the petition is attempting to satisfy and the relevant evidence for each individual criterion:

documentation of the alien beneficiary's receipt of major prizes or awards for outstanding achievement in the academic field;
documentation of the alien beneficiary's membership in associations in the academic field, which require outstanding achievements of their members;
published material, in any language, provided it is translated into English, in professional publications written by others about the alien's work in the academic field--this documentation must include the title, date, and author of the material;
evidence of the alien's participation, either individually or on a panel, as the judge of the work of others in the same, or an allied, academic field;
evidence of the alien beneficiary's original scientific or scholarly research contributions to the academic field; or
evidence of the alien beneficiary's authorship of scholarly books or articles, in scholarly journals with international circulation, in the academic field.

Also, the petition should include evidence of the alien beneficiary's at least three-year teaching or research experience and tenure or tenured track position.

Can the experience in teaching and research combined together to calculate the three year experience?

Yes, under the USCIS regulations, the requirement of three years of experience can be met through a combination of teaching and research.

Does the three year experience of teaching or research include the experience in teaching or research while working on an advanced degree?

Experience in teaching or research while working on an advanced degree is generally not acceptable. It will only be acceptable if the foreign person has acquired the degree, and if the teaching duties were such that he or she had full responsibility for the class taught or if the research conducted toward the degree has been recognized within the academic field as outstanding.

How should the petition present the evidence of at least three year experience in teaching or research?

Evidence of teaching and/or research experience must be in the form of letter(s) from current or former employer(s) and must include the name, address, and title of the writer, and a specific description of the duties performed by the alien beneficiary.

What jobs qualified as tenure, tenured-track or comparable positions?

Tenured, tenured track job means a job that has no definate termination date. It can be a teaching or research position at a university, or a comparable research position with a private employer if the employer has at least three full-time researchers and documented accomplishments in the research field.

Is a permanent research job qualified?

In recognition that many research positions at universities are not tenured or tenure-track positions, the USCIS rules permit a job offer to qualify for first preference consideration if the university is offering a “permanent research position“ to the alien beneficiary. A “permanent“ position is one that is for a term of indefinite or unlimited duration, and in which the employee will ordinarily have an expectation of continued employment unless there is good cause for termination.

What if the employer is a private employer and they don't provide “tenure or tenured-track job“?

The USCIS takes the position that since private employers do not ordinarily give tenure to employees, a “comparable“ position for purposes of this category would be one in which the job description and duties are analogous to those of a researcher in an academic setting, that is, one who is offered a “permanent“ position as defined by the rules.

Is a government agency a qualified employer?

The UCIS clarifies that government agencies at the federal, state, or local level do not fit within the definition of employer for the purposes EB1-B unless the government agency is a U.S. university or an institution of higher learning. And the burden of proof is on the petition(employer) instead of the beneficiary (the foreign person).

How should a petition preset the evidence of being offered of employment from a prospective United States employer?

Since a labor certification is not required for this classification, the offer of employment must be in the form of a letter from:

a United States university or institution of higher learning offering the foreign professor/researcher a tenured or tenure-track teaching position in his/her academic field;
a United States university or institution of higher learning offering the foreign professor/researcher a permanent research position in the his/her academic field; OR
a department, division, or institute of a private employer offering the foreign professor/researcher a permanent research position in the his/her academic field; the department, division, or institute must demonstrate that it employs at least three persons full-time in research positions, and that it has achieved documented accomplishments in an academic field.

Is there any evidence that would present a strong case that the professor or researcher is considered outstanding?

In a June 1992 memorandum on the subject, the former INS indicated that the following evidence would present a strong case that the professor or researcher is considered outstanding:

Peer-reviewed presentations at academic symposia;
peer-reviewed articles in scholarly journals;
testimony from other scholars on the alien beneficiary's contribution to the field;
a number of entries in a citation index citing the alien beneficiary's work as authoritative; or
Participation by the alien beneficiary as a reviewer for a peer-reviewed scholarly journal.

Is the foreign professor/researcher required to have a PhD degree?

Although one would normally expect outstanding researchers and professors to have Ph.D. degrees, neither the statute nor regulations require possession of a doctorate. Furthermore, a foreign national who qualifies as an outstanding professor can be offered a position as a researcher and vice versa.

Does the two-part approached applied to EB1-A also apply to EB1-B case?

Yes. The types of evidence listed in the regulations serve only as guidelines for the adjudicator and the petitioner. Ultimately, the evidence must establish that the beneficiary is a researcher or professor who is internationally recognized as outstanding. Merely presenting evidence which relates to two of the listed criteria does not necessarily mean that the priority worker petition will be approved since the adjudicator must weigh and evaluate the evidence. If the USCIS determines that the evidence submitted does not meet the standard for classification, therefore, additional evidence may be requested.

How many publications are sufficient to meet EB1-B requirements?

There is no specific minimum publication requirement; rather, it is determined by USCIS on a case-by-case basis.

What is the most update two-part approach taken by the USCIS now?

In 2010, the U.S. Court of Appeals for the Ninth Circuit reviewed the denial of a petition filed under the classification of EB1-A, the Kazarian case. The AAO determines that Kazarian case sets forth a two-part approach : Part One- Counting the Types of Evidence Provided; Part Two: Final Merits Determination. A USCIS memorandum issued in August 2010 now mandates two-step analysis for EB1-A Alien of Extraordinary Ability, EB1-B Outstanding Professors and Researchers and EB-2 Foreign Nationals of Exceptional Ability

Part 1: The adjudicator must determine whether the petition has submitted evidence to meet the criteria for the immigration classification he or she is seeking as required by the USCIS rules.
Part 2: The adjudicator must consider all of the submitted evidence in totality to make a determination as to whether the foreign national meets the requisite level of expertise for the category. In this phase, the adjudicator evaluates all the evidence and determine if, cumulatively, it proves by a preponderance of the evidence that the I-140 beneficiary satisfies the general definition of the category.

Can my employer files EB1-B for me and I file EB1-A and/or NIW simultaneously?

Yes. But you have to file a separate Form I-140 petition, with the required fee and supporting documentation for each requested visa category. Do not check multiple categories on one I-140 Form.

How can a petition be filed?

An I-140 Form can be file electronically or by mail. But supporting evidence has to send to service centers.

Is priority date matter in a EB1-B case?

No because all visas are current.

Can a petition be withdrawn?

Yes, the petitioner or the Form G-28 representative may send a letter requesting to withdraw the I-140 petition to USCIS .

How can a petitioner request the withdrawal of a Form I-140 petition?

The petitioner or the Form G-28 representative may send a letter requesting to withdraw the I-140 petition to USCIS

Withdrawal requests should include:

A statement indicating that the Form I-140 petitioner wishes to withdraw the petition;
The Form I-140 petition receipt number;
The name, address and phone number of the petitioner;
The name of the alien beneficiary;
The alien registration number of the alien beneficiary, if known;
The petitioner's signature or the Form G-28 representative.

If an EB1-B petition gets rejected, how long do I have to wait to file under EB1-B or other categories again?

The law does not restrict the time you can file your EB1-B petition after the rejection of your previous filing. A previously rejected petition does not bar you from submitting another petition subsequently, regardless which classification is concerned. However, unless your circumstance has improved, it is not advisable to simply submit a similar petition again because it is unlikely your case will be approved.

How should evidence accompanied the petition be organized?

Follow the tips below for how to organize the evidence:

Provide all required documentation and evidence with the petition when filed. Form I-140 petitions may be denied without issuing a request for evidence in the instances where the required evidence described in the instructions and regulations are not initially provided.
If providing photocopies of documents, provide clear legible copies.
All foreign language documents must be submitted with a corresponding English translation. The English translation must be certified by a translator who is competent to translate and must verify in writing that “the translation is true and accurate to the best of the translator's abilities.“ It is helpful if the English translation is stapled to the foreign language document.
If documenting the alien's publications or citations of the alien beneficiary's work, highlight the alien's name in the relevant articles. It is not necessary to send the full copy of a dissertation, thesis, or research paper written by the alien beneficiary, or one in which the alien beneficiary's work has been cited. Include the title page and the portion(s) that cite the alien's work and the “works cited“ or bibliography.
Tab and label the evidentiary exhibits at the bottom of the first page of each exhibit, and provide a list of the evidentiary exhibits and the eligibility criteria that each exhibit is submitted to establish for petitions supported by a substantial amount of documentation. An exhibit that is being provided to meet multiple eligibility criteria should be so identified in the exhibit list.

What is a letter of recommendation?

A letter of recommendation is also called reference letter, and it is a letter written by an expert in the alien's field or some otherwise authoritative person in an allied or supported field. Recommendation letters are essential in petition for employment-based immigration benefits. Given that adjusting officers are rarely experts in an academic field, the only way for them to determine whether you qualify for the standard set by the law (outstanding) is looking at objective evidence submitted. A recommendation letter is among the most important of them.

Whom should I contact to obtain letters of recommendation?

The USCIS takes the position that an individual with international recognition should be able to produce ample unsolicited materials reflecting that acclaim. Therefore, recommendation letters from independent and outside sources carry more weight because they are proof of the alien's accomplishments. If an alien's contributions are not praised widely outside his or her current and former circle of acquaintances, then it cannot be concluded that he or she has earned sustained international recognition. Therefore, the government will not give as much weight to letters from the alien's immediate circle of colleagues submitted in support of the criterion of original contributions of major significance in the field.

In addition to be an expert in the field of your endeavor, it will better if the person writing you a recommendation letter knows about your research and contribution enough to specifically address them in the recommendation letter. Therefore, although someone who has a prominent reputation in the field of your endeavor will be a better candidate than someone from your immediate circle of acquaintances, a perfect candidate will be an expert familiarizing himself/herself of your contribution. A recommendation letter from your existing or prospective employer is also appropriate.

What information should be included in the recommendation letters?

These are things that should be included in a recommendation letter:

Qualifications of the recommender: A recommendation letter needs to include the description of the drafter. If the drafter comments on the foreign person's achievements or research, a statement should be included in the support letter that establishes the qualifications of these individuals to judge the applicant's work.
Helpful testimonials from experts: Expert testimonials of your accomplishments are crucial to your petition. However, keep in mind that expert testimonials should bolster the argument that you meet the standard set by law, i.e., that the alien beneficiary is internationally recognized. Evidence that merely establishes the alien beneficiary's competence or which fails to set him/her apart from other persons in the field does not support the case because it carries little weight and may actually be used to deny the petition.
Substantive information: A good recommendation letter should point out the high level of unique expertise the applicant possesses. If it is a recommendation letter from an employer or professor of the applicant, it should specify the work the foreign national is responsible for and the requirements of the job. A recommendation letter from an employer can cite to such a position to establish that very few individuals can fill the offered position and the alien is one of these few individuals. In addition, recommendation letters that briefly discuss the alien beneficiary's activities and described him or her as a knowledgeable individual, but lack specific information regarding how the his/her contributions had significantly and consistently influenced the field are insufficient.

How many recommendation letters are needed?

There is no specific number of letters set forth by the USCIS. You should generally include three to seven letters of recommendation in an EB-1 case.

What assistance does your firm provide concerning drafting recommendation letters?

Letters of recommendation are hard to draft yet good letters of recommendation will substantially boost your chance of successful petition. After you retain us, our firm will help you obtain good recommendation letters step by step:

We will provide detailed information concerning recommendation letters and walk you through the purpose, format and content of recommendation letters.
We will discuss with you about potential candidates to write you recommendation letters.
You provide us detailed information pertaining to the authority and expertise of the recommenders, your connections, the relationships beteween your research and theirs ect.
After receiving the information you provide, our attorneys and legal team will draft recommendation letter for you.
You send the recommendation letters to recommenders for them to review and sign.
Before we submit the petition, we will review those substantially changed recommendation letters to see if it is necessary to ask the recommender to sign another updated version.

What if I change jobs while my EB1-B petition is pending?

If the alien beneficiary changes employers when I-140 is pending, a new petition must be filed.

What is the real difference between EB1-B and NIW applications? Is it possible to file two petitions such as an EB1-B and a NIW at the same time?

The requirements in EB1-B and NIW are different, and the application preparation is significantly different between these two classifications. For example, foreign person seeking classification of NIW can do self-petition while EB1-B seekers need to have an employer sponsor. But once your I-140 is approved, there is no major difference between these two classifications for the I-485 application later.

It is possible to file two petitions such as an EB1-B and a NIW at the same time. Some applicants file two I-140 petitions simultaneously in EB-1 and NIW. There is nothing stated in the law that prohibits multiple filings. Actually, multiple filings increase your chances.

What is the real difference between EB1-A and EB1-B applications? Is it possible to file two petitions at the same time?

Unlike the extraordinary ability category, the outstanding professors and researchers category requires an offer of employment. Therefore, outstanding professors and researchers cannot self-sponsor themselves. Their petitions must be accompanied by an offer of employment from a U.S. employer.

Despite this additional requirement of a job offer, the standard for outstanding professors and researchers is, nonetheless, a lessor one than that of extraordinary ability aliens. The latter must show a major internationally recognized award, or documentation from at least three of ten specified categories. On the other hand, outstanding professors and researchers are only required to show that they have received international recognition as outstanding in their particular academic areas by meeting at least two of the six criteria set forth above.

In addition, foreign nationals may also qualify for the outstanding professors and researchers category much easier since they can utilize experience gained while they were still students. These professors or researchers may qualify even if they received their three years of qualifying experience while still enrolled in a Ph.D. or teaching program if they had full control over the courses they taught. In addition, outstanding researchers may also count their research experience which was gained as was part of their education if they can show that their research was “outstanding.“

If I do not have published articles in journals within my field, may my employer still petition for me under EB1-B?

Yes, there is no specific requirement that you need to have published articles in order to apply or obtain approval of an EB1-B petition, although in many instances publications would help improve chances of approval. Publications may help to establish alien beneficiary's original scientific or scholarly research contributions to the academic field and the alien beneficiary's in the academic field. A petitioner can still support the case by providing evidence that satisfies other prongs listed by the law.

If I do not have any awards in my field, may my employer still petition for me under EB1-B?

If you do not have any awards in your field, you still can apply for an EB1-B. There is no specific requirement that you must have awards in order to apply or obtain approval of an EB-1 petition, although in many instances awards would help improve chances of approval by satisfying one of the prongs listed by the law. The petitioner can still support the case by providing evidence that satisfies other prongs listed by the law.

I am a J-1 holder subjected to the two-year foreign country residency requirement. May I apply under EB1-B now, and get my J-1 waiver later?

Yes, you can apply for the EB1-B now, and get your J-1 waiver later. Even with a I-140 approval, you are still subject to the two-year foreign country residency requirement, and need to get the J-1 waiver before you can adjust your status to permanent resident.

You do not have to have a J-1 waiver before submitting an I-140 petition. The two-year foreign residency requirement does not allow you to adjust the status from J-1 to permanent residency, but it does not prevent you from submitting I-140 petition. Also, you may prepare for I-140 and J-1 waiver concurrently. If you receive an I-140 approval before a J-1 waiver, you need to wait for the J-1 waiver to submit the I-485 application for adjustment of status.

What is the filing fee of I-140?

The I-140 filing fee is currently $715.

There is also an asylum program fee; the full amount of the fee is $600. If the petitioning employer is a small entity that employs 25 or fewer full-time employees, the asylum program fee is reduced to $300. If the petitioning employer is nonprofit, the asylum program fee is reduced to $0.

EB1-A (Alien of Extraordinary Ability)
(EB1-B or EB1-OR) Outstanding Professors and Researchers
EB1-C Multinational Executives or Managers
EB1 Visa Requirements
Two-Part Approach (the Kazarian case) for EB1-A (Alien of Extraordinary Ability) petition

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Rajiv's Blog

EB-1 Extraordinary Ability, Outstanding Researchers/Professors, International Managers/Executive

Under the various employment based categories, Category I based permanent residency is the most difficult to obtain. Initially, the foreign national must determine if he/she is eligible for lawful permanent residency according to the USCIS guidelines.

An applicant filing an EB1 alien of extraordinary ability application may self-petition, but an applicant filing under outstanding researcher and/or professor and multinational manager must have a sponsoring employer.

EB-1 Priority worker categories

Foreign nationals of extraordinary ability in the sciences, arts, education, business or athletics;
Foreign nationals who are outstanding professors or researchers; and
Foreign nationals who are managers and executives subject to international transfer to the United States.

Extraordinary Ability Aliens

Under this category the alien’s entry into the US must substantially benefit prospectively the US. No labor certification is required for this category i.e. a specific job offer is not required for an alien in this category. The alien should be entering US to continue working in the field which the alien has extraordinary ability. Aliens with extraordinary ability are those with "extraordinary ability in the sciences, arts, education, business, or athletics which has been demonstrated by sustained national or international acclaim and whose achievements have been recognized in the field through extensive documentation." The alien must be one of "that small percentage who have risen to the very top of the field of endeavor," to be granted this classification. For example, if you receive a major internationally recognized award, such as a Nobel Prize, you will qualify for an EB-1 classification. Other awards may also qualify if you can document that the award is in the same class as a Nobel Prize. Since few aliens may receive these type of awards, EB-1 regulations call for the “3 of 10” rule, i.e. classification based on at least three of the types of evidence outlined below, is permitted. The worker may submit "other comparable evidence" if the following criteria do not apply:

Documents of the alien’s receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor;
Documentation of the alien’s membership in associations in the field for which classification is sought, which demand outstanding achievement of their members, as judged by recognized international experts in their disciplines or field;
Published material about the alien in professional or major trade publications or other major media;
Evidence that the alien has judged the work of others, either individually or on a panel;
Evidence of the alien's original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field;
Evidence of the alien's authorship of scholarly articles in professional or major trade publications or other major media;
Evidence that the alien's work has been displayed at artistic exhibitions or showcases;
Performance of a leading or critical role in distinguished organizations;
Evidence that the alien commands a high salary or other significantly high remuneration in relation to others in the field; and

10.Evidence of commercial successes in the performing arts.

For artists seeking permanent residency under this category, following is a suggested evidence list:

Media coverage of the artist’s work (press releases, advertisement of movie premier, coverage on success of movie highlighting the artists part, newspaper articles, critic’s overview, industry publications etc.
Copies of articles written about the individual in trade magazines – publications in the movie industry highlighting upcoming films featuring the artist.
Any stage work (plays) – playbill or similar publication noting artist’s participation and previous successes in the field.
Expert advisory opinions obtained from industry associations.
Copies of work – DVD’s, posters advertising movie, etc.
Evidence from producers of work showing box office sales, rating in the industry.
Proof of high remuneration for parts in comparison to others in the films.
Film industry reviews of work (film release and subsequent feedback from critics and the general public).
Any awards received for roles played – copies of certificates or award letters along with documentation to show criteria for award and reputation/significance of awarding body.

Expert testimonials may be submitted to show that the alien is one of those few who have risen to the top of the field. USCIS also requires documentary evidence to support this claim.

Outstanding Professors and Researchers

Outstanding professors and researchers are recognized internationally for their outstanding academic achievements in a particular field. In addition, an outstanding professor or researcher must have at least three years' experience in teaching or research in that academic area, AND enter the U.S. in a tenure or tenure track teaching or comparable research position at a university or other institution of higher education or with a private company employing three or more full-time researchers and an established record of documented accomplishments. Experience in teaching or research can be counted while working on advanced degree if such degree was acquired and the alien had full responsibility for the class taught, or the research has been recognized as outstanding in the academic field. If the employer is a private company rather that a university or educational institution, the department, division, or institute of the private employer must employ at least three researchers (besides the applicant engaged) full time in research activities and have achieved documented accomplishments in an academic field.

No labor certification is required but a job offer is a requirement. Under this category the petitioner has to show proof that the offered employment is of a qualifying nature, the alien has the requisite credentials and alien is outstanding in an academic field. To show that there is qualifying offer of employment, the employer must submit a letter with the petition stating the terms of the employment especially a tenured or tenure-track teaching/research position in the alien’s field or a research position having no fixed term and in which the alien will have an expectation of continued employment or a comparable position with private employer with proof that at least three full time researchers are employed having achieved documented accomplishments in the field. With respect to credentials the alien has to submit letters from current as well as former employers documenting at least three years experience in teaching or research in the field.

Evidence that the professor or researcher is recognized as outstanding in the academic field must include documentation of at least two of the following:

Receipt of major prizes or awards for outstanding achievement;
Membership in associations that require their members to demonstrate outstanding achievements;
Published material in professional publications written by others about the alien's work in the academic field;
Participation, either on a panel or individually, as a judge of the work of others in the same or allied academic field;
Original scientific or scholarly research contributions in the field; and
Authorship of scholarly books or articles (in scholarly journals with international circulation) in the field.

Multinational Manager or Executive

Some executives and managers of foreign companies who are transferred to the U.S. may qualify. A multinational manager or executive is eligible for priority worker status if he or she has been employed at least one year (any time) in the preceding three years by the overseas affiliate, parent, subsidiary, or branch of the US employer and seeks to enter the U.S to continue service to that firm or organization in a managerial or executive capacity. The subsidiary can be a joint venture if there is equal control and veto power or can be less than one-half of ownership under certain circumstances. The one-year employment abroad must be continuous.

No labor certification but a job offer by the US company is required in this category. The petitioner must be a U.S. employer, doing business for at least one year, that is an affiliate, a subsidiary, or the same employer as the firm, corporation or other legal entity that employed the foreign national abroad. There is no requirement that the qualifying relationship (there must be an actual transfer of stock; neither an agreement nor a working relationship would work because both does not involve the necessary ownership and control) between the US and the foreign entity for one year at the time of the petition filing.

Definitions of terms relevant to this EB-1 category are found in 8 CFR § 204.5. “Managerial Capacity” requires management of an organization, department, component or function by the alien along with supervision and control of other supervisory, managerial or professional personnel or management of an essential function. Besides, the alien should have the authority to make personnel decisions including the right to hire and fire or functioning at a senior level if managing a function. The alien also should exercise absolute discretion over operations or a function. Under “Executive Capacity”, the alien is required to show management of an organization, department, component or function along with the authority to establish goals and policies. The alien also should show a wide range in discretionary decision-making process as well as a minimal general supervision from his/her higher officials.

Employment Based Green Cards
EB1 Green Card

Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

Can a Phd student say in Computer science on a F1 visa from reputed university like Stanford and with good credentials apply for EB1-B visa on completion of his Phd and working in a good research company like (google research) in his OPT without switching from F1 visa to H-1B visa?

Student applying directly for green card

I have written a comment about this in The Economic Times. See https://economictimes.indiatimes.com/nri/migrate/can-student-visa-holde…

This article should also be in our blogs in an expanded format.

Green card in EB1 category

I am B.Tech Graduate from India in 1996. Currently working as a consultant with New Jersey based employer. My current employer has processed GC in EB2 category. Priority date is Sep2020. There is another company who is asking me to join. Company is ready to file my GC in EB1 category as I have more than 20 years of IT experience working on different roles in India and USA. Can you please guide me on below questions:- Is it possible my employer can process my another GC in EB1 category? Can you please guide me if new employer can process my GC in EB1? If yes what all documents and fee do you charge to process GC in EB1 category? How much time it takes in complete EB1 GC processing?

EB1A or EB-1B

We will need to access your résumé and also need to know whether you are considering EB1A or EB-1B?

I worked as a Technical Delivery Manger (with an international Bank) before coming to US on H1b 6 years ago. I still work as an IT Manger with a different multinational company. Am I qualified to file in EB1 visa category? If no, Will I be qualified if I move to my first company here in US?

EB-1C through a different employer

We are allowed to file a green card in the EB-1C category only through a related set of companies. You cannot go outside the relationship to file through a different company.

EB-1C H1B Eligibility Check

Hi , I am working for same organization from 2008. I have worked at India office from 2008 till 2018 and then came to USA in 2018 and working with same organization on client side.

I was worked as Offshore Manager at India office even though official designation was Tech Manager I have performed below managerial activity at offshore/India. 1) I have worked with the same organization for 11 year before entering to US. 2) I have worked as a Offshore Manager 6 to 8 profession resource and they are reporting me. 3) I was responsible for resource work allocation. 4) I was responsible for resource hiring. 5) I was responsible for performance appraisal/promotion and leave authorization. 6) I also did multiple Automation to reduce cost of Client and based on that we got some business from client .

In 2018, I have came to USA and same India Team was reporting me although Till 2020 March. My Role in LCA is System Architect & From March I moved on another project and my designation is Tech Manager And now my company are planning to change the role from individual contributor to Manager

My Question is

I would like to know, Do i am eligible for EB1-C or please suggest if any LCA Role Change will help From 15-1199 System Architect to any other like 11-3021.00 computer and information systems managers

Thanks with Regards, Kuldeep

It looks like you could potentially qualify, but only your lawyers can assist you after reviewing the exact job description, etc.

Thank you so much for your reply.

EB1A Eligibility Check

I am currently working as a scientist with Amazon. I am hoping to evaluate likelihood of my mom’s chances for EB1A. She currently holds the top position in one of the most prestigious universities in India. She’s been thoroughly covered by media (as an administrator and reforms in national education policies), has multiple international papers in plasma physics and has also advised doctoral candidates/reviewed papers. She holds two patents and sits on national education committees as well as is executive member of plasma/semiconductor groups in India. I tried summarizing bulk of her high-level pointers but would omit her name for sensitive reasons. If you feel, it’s worth the deep dive and time. Please let me know and I can reserve some time for us to discuss. Would appreciate your help in navigating the process of first consultation (if we come to that point)

Looking forward to hearing from you!

Thanks Abhijit

EB-1A Review

It is certainly worth reviewing. Please email me her resume at help(at sign)immigration dot com. Let me take a look. Regards. Rajiv.

I-485 process under EB-1c category with L1-B visa

I was on L1-A blanket visa when my employer filed I-140 in the year 2017 under EB1-c category and got i-140 approved in Oct-2018. I had to move back to home country due to personal reasons in August-2018. Now i came back in Oct-2022 on L1-B(not L1-A) visa filed by same employer and planning to file i-485(AOS) for the i-140 approved in EB-1c category.

My employer has recently provided the supportive document for i-485 filing , that is i-485j supplement form and it supports my role in i-140 in EB-1c category despite i am on L1-B visa.

My questions are: Q 1: I was on L1-A when my i-140 got approved in EB-1c. Now i am on L1-B visa(Specialized knowledge). Does it going to impact my i-485 process in EB-1c category?

Q2: Is there any chance of rejection/denial of my approved EB-1 i-140 subsequently i-485 because of the non-immigrant L1-B visa status(as this visa is for specialized knowledge but not multinational managers)?

Please clarify. Appreciate your help.

This will require some discussion. Please contact your lawyers, or set up a consultation with us: https://www.immigration.com/our-fees

Hello Rajeev, I am currently working on H1b visa for last 3 years. I am working as an co author in a book that will he published next year and have been on a panel at a conference in India. I have completed my masters and have applied for my PE license.

Please advise if I became a part of indian review board of any journal if it will be accepted by uscis to satisfy the criteria to judge others work for EB1

If I apply for a patent do I need show the patent number or users of the patent to the USCIS

EB1A Peer Reviewer

Porting priority date from eb2 after approval of eb1a i140.

Hello Sir, My Eb1a I-140 is approve with Priority date Dec 2022. Can i port my Eb2 I-140 priority date which is January 2018. Is it doable?

All EB-1,2,3 priority dates can be ported from one to the other.

While I was in India , I was working for a company at managerial level from June,3, 2013 to May,27th, 2019. I have resigned and joined another company on H1B /USA from May 28th,2019 till May 27th,2021. I joined back subsidiary company of the earlier Indian company (Previous employer) in USA, on May 28th,2021via H1B transfer at an executive level i.e financial controller with a big team. Am I eligible for EB1 C category? Can I say that I have worked for 1 year out of 3 years with the foreign company? Thanks

You have to have worked outside the USA for a related company for one year out of the last three counting back from the date you apply.

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Green Card Options For Professors And Researchers:

Eb-1, eb-2, and eb-3 comparison, introduction.

Advances in science, technology and the humanities depend on the continuous flow of accomplished, well-trained and motivated individuals into the field. The U.S. has maintained its dominance in academia due to its ability to continue to attract the world’s leading professors and researchers.

The challenge for professors and researchers and the institutions that employ them lies in selecting the appropriate pathway to bring or keep these individuals in the U.S. permanently. We present here an overview of some of the most commonly used US immigrant visa options for professors and researchers.

A. EB-1 Green Card Option #1: The EB-1.2 For “Outstanding Professors And Researchers”

Outstanding professors and researchers are individuals that are recognized internationally for their “outstanding” academic achievements in a particular field.

To qualify for an EB-1 visa as an ‘outstanding professor or researcher’ you must be a foreign national who:

1. Is recognized internationally as ‘outstanding’ in a specific academic area (see below for evidentiary requirements)

2. Possesses at least three years of experience in teaching or research in the academic area

a. Any experience in teaching or research gained while working on an advanced degree will only be acceptable if the alien has acquired the degree, and if the teaching duties were such that he or she had full responsibility for the class taught or if the research conducted toward the degree has been recognized within the academic field as outstanding.

b. Evidence of teaching and/or research experience shall be in the form of letter(s) from current or former employer(s) and shall include the name, address, and title of the writer, and a specific description of the duties performed by the alien.

3. Has a permanent Job offer from the employer and Seeks to enter the U.S. for:

a. A Tenured position (or tenure-track position) within a university or institution of higher education to teach in the academic area; or

b. A Comparable position with a university or institution of higher education to conduct research in the area; or

c. A Comparable position to conduct research in the area with a department, division, or institute of a private employer, if the department, division, or institute employs at least three persons full time in research activities and has achieved documented accomplishments in an academic field .

Employment Based Green Card Petitions for outstanding professors and researchers must be accompanied by sufficient evidence to show that the professor or researcher is recognized internationally as outstanding in the academic field specified in the petition. Such evidence shall consist of at least two of the following categories:

Documentation of receipt of major prizes or awards for outstanding achievement in the academic field; or
Documentation of membership in associations in the academic field which require outstanding achievements of their members; or
Published material in professional publications written by others about your work in the academic field. Such material shall include the title, date, and author of the material, and any necessary translation; or
Evidence of your participation, either individually or on a panel, as the judge of the work of others in the same or an allied academic field; or
Evidence of your original scientific or scholarly research contributions to the academic field; or
Evidence of your authorship of scholarly books or articles (in scholarly journals with international circulation) in the academic field.

PUZZLER For EB-1.2 researchers and professors, an offer of permanent employment is met when there is intent for ongoing employment. Does an individual whose employment is renewed annually meet the requirement for an offer of permanent employment based upon the mutual expectation the offered employment will be extended on an ongoing basis? No. In the case of researchers, the petitioner must establish that a job is permanent. The regulations require that a petitioner submit evidence that the position is tenured, tenure-tracked or for a term of indefinite or unlimited duration and in which the employee will ordinarily have an expectation of continued employment unless there is good cause for termination. The mere fact that the petitioner claims that the job may be renewed annually is not sufficient to establish the permanent nature of the job.

B. EB-1 Green Card Option #2: The EB-1.1 For “Aliens With Extraordinary Ability”

Extraordinary professors and researchers are individuals that have attained a level of expertise indicating that they are one of that small percent of people who have risen to the very top of their field of endeavor.

Their achievements must:

Have been demonstrated by sustained national or international acclaim
Be recognized in the field through extensive documentation

While the EB-1 Extraordinary Ability petition may be filed by an employer, it can also be filed by the foreign national professor or researcher without a job offer (in other words, the professor or researcher can “self-petition”).

To be classified as a person with Extraordinary Ability, the professor or researcher must provide documented proof that they have earned a one-time achievement (that is, an internationally recognized award like a Nobel Prize) or at least three of the following:

Documentation of receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor; or
Documentation of your membership in associations in the field for which classification is sought, which require outstanding achievements of their members, as judged by recognized national or international experts in their disciplines or fields; or
Published material about yourself in professional or major trade publications or other major media, relating to your work in the field for which classification is sought. Such evidence shall include the title, date, and author of the material, and any necessary translation; or
Evidence of your participation, either individually or on a panel, as a judge of the work of others in the same or an allied field of specialization for which classification is sought; or
Evidence of your original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the field; or
Evidence of your authorship of scholarly articles in the field, in professional or major trade publications or other major media; or
Evidence of the display of your work in the field at artistic exhibitions or showcases; or
Evidence that you have performed in a leading or critical role for organizations or establishments that have a distinguished reputation; or
Evidence that you have commanded a high salary or other significantly high remuneration for services, in relation to others in the field; or
Evidence of commercial successes in the performing arts, as shown by box office receipts or record, cassette, compact disk, or video sales

NOTE: Not all of the above categories will fit or be applicable to all professors or research positions. If the above standards do not readily apply to the beneficiary’s occupation, the petitioner may submit comparable evidence to establish the beneficiary’s eligibility

No offer of employment required

Although foreign nationals seeking permanent residence under this category can self-petition, the employment based green card petition must be accompanied by clear evidence that the alien is coming to the United States to continue work in the area of expertise. Such evidence may include letter(s) from prospective employer(s), evidence of prearranged commitments such as contracts, or a statement from the beneficiary detailing plans on how he or she intends to continue his or her work in the United States.

Act Now - free spots fill up fast!

C. EB-2 Green Card Option: The EB-2 For Professionals With Advanced Degrees or Persons With Exceptional Ability

The EB-2 Employment Based Green Card classification includes:

1. aliens who are members of the professions holding advanced degrees or their equivalent

Advanced degree is a Master’s degree or higher or at least a Bachelor’s degree with 5 years of progressive experience.

2. and aliens who have exceptional ability in the sciences, arts, or business .

In order to be classified as a person having exceptional ability in the sciences, arts, or business, the individual must provide documentation of three of the following:

An official academic record showing the alien has a degree, diploma, certificate or similar award from a college, university, school or other institution of learning relating to the area of exceptional ability;
Letters documenting at least ten years of full-time experience in the occupation being sought;
A license to practice the profession or certification for a particular profession or occupation;
Evidence that the alien has commanded a salary or other remuneration for services which demonstrates exceptional ability;
Membership in professional associations;
Recognition for achievements and significant contributions to the industry or field by peers, government entities, professional or business organizations

NOTE: If the above standards do not apply to the petitioner’s occupation, other comparable evidence of eligibility is also acceptable.

Employment Based Green Card For Professors And Researchers.

My Case Scenario Chen

Chen is a Chinese national who has a PhD in biological statistics. He has just been offered a tenure track position with a Southern California university to teach advanced statistics and to provide statistical support to their cancer research department. Chen has an extensive resume after only 5 years. He has written numerous articles about biological statistical methods, in fact the methods he developed for his PhD research in the field have been adopted by many and have been praised as some of the most innovative and groundbreaking research presented in years. Chen is also a reviewer for several scientific journals and has written numerous articles in his field. At his last position, he was named as one of the members of the development team that received a patent on the work they were doing. What options does Chen have to remain permanently in the U.S.?

Given the strength of his background he should qualify for several categories, including an individual of Extraordinary Ability (EB-1.1), an Outstanding Professor or Researcher (EB-1.2), an individual with an advanced degree (EB-2) using either the university ‘special handling’ procedures or seeking a National Interest Waiver, and clearly as a professional in the EB-3 category.

D. The Labor Certification (PERM) And National Interest Waiver

EB-2 Employment based green card petitions generally require a “job offer” from the employer and must be accompanied by an approved, individual labor certification from the Department of Labor. The labor certification must outline the minimum requirements for the position and is proof that there are no minimally qualified U.S. workers that are ready, able, and willing to fill the position.

Colleges and universities that are seeking a labor certification for a professor and certain researchers can take advantage of “special handling” rules. These rules allow the educational institution to show that the foreign national is more qualified (minimum qualifications do not apply) than other applicants, and can document that the alien was selected for the job opportunity in a competitive recruitment and selection process. They can use the recruitment process for the position as long as it was within 18 months of the time the labor certification application is filed.

If you are a worker with an advanced degree or you meet the exceptional ability requirements you may apply to waive the requirement of a job offer if such a waiver would be in the national interest .

USCIS established a three part test for the national interest waiver. You must show that:

Your proposed endeavor in the U.S. has substantial merit and national importance;
You are in a position to advance to the proposed endeavor; AND
On balance, it would be beneficial to the U.S. to waive the labor certification and job offer requirement.

Having met the exceptional ability standard by itself is not sufficient to grant the waiver. USCIS has held that work such as local pro bono lawyering, teaching in a single school, or providing nutritional information in a localized setting is not sufficient to meet the national criteria.

Additionally, a national interest waiver is not warranted solely to ameliorate a local labor shortage. The petitioner must prove that the benefit his unique skills would provide substantially outweighs the inherent national interest in protecting U.S. workers through the labor certification process. One of the greatest benefits of the national interest waiver application is that the foreign national, as with the EB-1.1 category, can self- petition

DID YOU KNOW? The main advantage of the EB-1 category is the lack of any retrogression or visa backlogs. This means regardless of the country of birth, applicants are not stuck waiting for an immigrant visa to be issued or to file adjustment of status. Those born in India and China are subject to significant backlogs in the EB-2 and EB-3 categories.

E. EB-3 Green Card: The EB-3 For Skilled or Professional Workers

A category that will not be overly utilized for professors and researchers, but which nonetheless should be considered, is EB-3 Employment Based Green Card for skilled workers, professionals and “other” workers. While eligibility requirements for the EB-3 Green Card classification are less stringent than the EB-1 and EB-2 Green Card classifications, one should be aware that a significant backlog may exist for visas in the skilled workers, professionals, and “other” workers category depending on the country of birth of the applicant.

The EB-3 Green Card classification includes:

Aliens with at least two years of experience as skilled workers;
Professionals with a baccalaureate degree; and
Other workers with less than two years experience, such as an unskilled worker who can perform labor for which qualified workers are not available in the United States

Skilled worker positions are not seasonal or temporary and require at least two years of experience or training. The training requirement may be met through relevant post-secondary education. The Labor Certification application states the job requirements, which determine whether a job is skilled or unskilled.

Professionals must hold a U.S. baccalaureate degree or foreign equivalent degree that is normally required for the profession. Education and experience may not be substituted for the degree.

Other workers are in positions that require less than two years of higher education, training, or experience. However, due to the long backlog, a petitioner could expect to wait many years before being granted a visa under this category.

When it is time to take that final step to permanent residence, professors and researchers and their employers have several employments based green card options to choose from. Each of the described categories have benefits as well as drawbacks.

Professors and researchers should carefully weigh all the options against the facts before deciding on which immigrant visa category to pursue. To find the option that’s best for you, contact our experienced immigration attorneys for a FREE Immigration Consultation Today >> .

We’ll analyze your specific situation and recommend the most effective strategy based on our attorneys near 100% success rates.

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What is EB-1A and How to Apply?

The EB-1 (Employment-Based First Preference) Green Card allows individuals with outstanding academic achievements or extraordinary skills to immigrate to the U.S. permanently. It is a way to obtain a Green Card through employment in the U.S. The EB-1 Visa has three categories:

EB1-A: for people with extraordinary abilities
EB1-B: for outstanding professors and researchers
EB1-C: for multinational managers and executives

In this writing, we will explain EB1-A Green Card, its requirements, and application procedures.

EB1-A: Aliens of Extraordinary Ability

Individuals with extraordinary abilities in science, arts, education, business, or athletics can apply for the EB1-A Visa. It is an immigrant visa. It allows individuals to settle in the U.S. for the rest of their lives. To qualify for EB1-A Visa, the individual should provide sufficient evidence for their significant talent in their fields of study.

The essential advantage of the EB-1A is that it does not require either a job offer from employers in the U.S. or a labor certification by the Department of Labor (DOL) . In addition, EB-1A allows applicants to self-petition and avoids long-processing times due to the labor certification process.

EB1-A Requirements

If you are an exceptional talent with outstanding success in your field, EB1-A requirements are easy to meet. Internationally recognized awards are often presented as proof of exceptional skills. Here are the main requirements:

The individual must have an exceeding ability in their field.
The individual is expected to continue working in the area of their expertise once they migrate to the U.S.

In order to prove you will conduct the work in their work of expertise once they arrive in the U.S., there are some documents they can submit on their application:

A letter from their potential employer
A contract between the individual and a U.S. company expresses that the individual will work in the same field.

However, keep in mind that you do not need a job offer to apply for the EB1-A visa.

The individual must be able to prove their abilities by submitting internationally recognized awards such as Pulitzers, Oscars, Olympic medals, etc.

If you do not have such an award, United States Citizenship and Immigration Services (USCIS) outlines additional ten criteria that the individual must meet instead. For example, if the individual can possess at least three of the following ten criteria, they would be eligible to be considered as an individual with an extraordinary talent:

Evidence of receipt of lesser nationally or internationally recognized prizes or awards for excellence
Evidence of your membership in associations in the field which demand outstanding achievement of their members
Evidence of published material about you in professional or major trade publications or other major media
Evidence that you have been asked to judge the work of others, either individually or on a panel.
Evidence of your original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field
Evidence of your authorship of scholarly articles in professional or major trade publications or other major media
Evidence that your work has been displayed at artistic exhibitions or showcases
Evidence of your performance in a leading or critical role in distinguished organizations
Evidence that you command a high salary or other significantly high remuneration concerning others in the field
Evidence of your commercial successes in the performing arts

In some cases, these categories do not apply because of the field of expertise. In such cases, the individual must provide comparable evidence. The individual should firmly explain why the criteria are not ascribed to their field and why their comparable evidence should be considered instead.

EB1-A Application Process

EB1-A application process you should follow depends on whether you are in or outside of the U.S. There are two different application paths;

Adjustment of Status
Consular Processing

EB1-A Adjustment of Status Application Process

If the individual is currently in the U.S., they should adjust their status to EB-1A Green Card to complete the application. But before doing so, you must file the Form I-140 Immigrant Petition for Alien Worker. Most employment-based visas require an employer to file this Form on your behalf, but this is different with EB1-A applications.

After the USCIS approves your petition, you can adjust your status to EB1-A Green Card by filing Form I-485 with the USCIS. If your I-485 Form is approved, you will immediately be granted your EB1-A Green Card!

EB1-A Consular Processing Application Process

If you are outside the U.S., you should apply for EB-1A through U.S. consulates in your home country. This process is known as consular Processing and requires you to fill out DS-260 Immigrant Visa Application Form, schedule an interview at the U.S. consulate, and bring the DS-260 confirmation page to your interview.

Before you set your interview date, as an adjustment of status applications, you must file Form I-140 with the USCIS and wait for a decision on your case. If your I-140 Form is approved, and you complete the following steps, you will be issued your EB-1A Green Card and move to the U.S. to live and work permanently!

LET US HELP YOU TO PROVE YOUR ABILITY

If you have exceptional ability in the sciences, arts, business, education, or athletics and can prove your abilities with valid documents, you may apply for an EB-1A Green Card! However, the application process is complicated. Therefore, seeking legal help is essential.

At Grape Law, we excel at understanding our client's needs and providing them with the resources. You can contact us by emailing [email protected] or scheduling a face-to-face meeting on our website.

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Q: What is EB-1? and what are the document requirements for EB-1 petitions? A: EB-1 is the Employment-Based First Preference Immigration. An EB-1 petition consists of Form I-140 and supporting documents to show that the beneficiary meets the EB-1 criteria. There are no specific documents that are required under the immigration laws and regulations. However, if filing an EB1-Extraordinary Ability (EB1-EA or EB-1A) petition, you should include documentation demonstrating that you qualify as an Alien of Extraordinary Ability. According to USCIS, the EB1 Extraordinary Ability classification applies to individuals with extraordinary ability in the sciences, arts, education, business, or athletics. The individual must demonstrate that they have sustained national or international acclaim, and that their achievements have been recognized in the field of expertise, indicating that they are one of that small percent who has risen to the top of their field of endeavor. The individual must plan to continue to work in their area of extraordinary ability and must substantially benefit the United States. Q. What does “extraordinary ability” mean?, and who would qualify for aliens of "extraordinary ability"? A: The "extraordinary ability" is an expertise level that the person is one of a small percentage who has risen to the very top of a field. An EB-1 worker of extraordinary ability may petition for himself or herself. Labor certification is not required for petitions based on EB1 extraordinary ability. These are individuals who have received major national/international awards. In this category, receipt of an award such as a Nobel Prize or Academy Award suffice as evidence of "extraordinary ability." Absent such a specific award, the individual must provide at least three types of evidence. The evidence may be the same as that enumerated for "outstanding professors and researchers". In the case of non-scientific or educational "extraordinary ability", individuals should have evidence that his or her work has been displayed in more than one country; evidence that he or she has had a lead or critical role through an establishment with a strong reputation; evidence that the individual has commanded a high salary; or evidence of commercial success. Q. What are the alternative evidences of applying for aliens of "extraordinary ability"? A: Since very few person receive international award like Nobel Prize, alternative evidences of this EB1-EA classification, based on at least three of the types of evidence outlined below, are permitted: Receipt of lesser nationally or internationally recognized prizes or awards for excellence; Membership in associations in the field which demands outstanding achievement of their members; Published material about the alien in professional or major trade publications or other major media; Evidence that the alien has judged the work of others, either individually or on a panel; Evidence of the alien's original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field; Evidence of the alien's authorship of scholarly articles in professional or major trade publications or other major media; Evidence that the alien's work has been displayed at artistic exhibitions or showcases; Performance of a leading or critical role in distinguished organizations; Evidence that the alien commands a high salary or other significantly high remuneration in relation to others in the field; Evidence of commercial successes in the performing arts. This is the petitioner’s responsibility to meet the legal burden of proof to establish eligibility in all respects. Whenever a alien applicant makes an application for an immigrant benefit, the petitioner shall bear the burden of proof to establish eligibility for the benefit sought. Therefore, the petitioner must prove, by the preponderance of the evidence, that the beneficiary is fully qualified for the benefit sought. Q. What is the major advantages of applying for aliens of "extraordinary ability"? A: 1) No labor certification is required for this EB-1 category; 2) No job offer or permanent job position is required for aliens of extraordinary ability from a U.S. employer; 3) The immigrant visas are current for EB, so it is much faster to obtain a U.S. Green Card in this category than other categories under EB2 and EB3; 4) No U.S. employer is needed as a sponsor; the alien applicant can self-petition in the EB-1A category. Q. What categories are included in the Employment-Based First Preference Immigration ("EB-1")? A: This category is for "priority workers." This category includes multinational managers and executives eligible for transfer to the United States, outstanding researchers or professors at universities or with private employers who have established research departments, and aliens of "extraordinary ability" in the sciences, arts, education, business, or athletics. Q: If I have a choice between filing an Alien of Extraordinary Ability and filing an Outstanding Researcher or Outstanding Professor petition, which petition should I choose? A: If you meet both criteria, you can file for an Alien of Extraordinary Ability petition which will not bind you to any particular employer and which you may file on your own behalf. You can also file an Outstanding Researcher or Outstanding Professor (EB1-OR, or EB-1B) petition at the same time. However, it requires a job offer from an employer. In addition, a change of employers while your EB1-Outstanding Researcher or Outstanding Professor petition is pending may affect your Outstanding Researcher or Outstanding Professor petition. Your particular situation may differ depending on your specific circumstances. Many applicants file both petitions simultaneously. Often, one petition will be approved earlier than the other. In addition, if one petition is denied for some reason, there is still a chance that the other petition may be approved. Q. How could I know whether I may meet the requirements for an EB-1 Extraordinary Ability Green Card? A: Answer three questions below to see if you could qualify for an EB-1 Extraordinary Ability immigrant visa: 1) Do you have extraordinary ability in business, science, arts, education or athletics? 2) Do you have sustained national or international acclaim in your field? 3) Are you coming to the United States to work in your area of extraordinary ability? If you answered Yes to all of the questions above, you may meet the requirements for an EB-1 Extraordinary Ability Green Card. Q: What kind of evidence should be included in an EB1 Extraordinary Ability application? A: An Form I-140 application filed for an alien immigrant with extraordinary ability must demonstrate that the alien applicant has a level of expertise that the alien has risen to the top of the field. Evidence must be submitted to support an Form I-140 application for an alien of extraordinary ability. An EB1 Extraordinary Ability application must be accompanied by initial evidence: a) the alien applicant has sustained national or international acclaim; and b) the alien applicant’s achievements have been recognized in the field of expertise. All non-English language documents must have an English translation for the pertinent parts of the documents that help to establish eligibility. If you would like USCIS to consider evidence that is written in a foreign language, you must submit English language translation for the parts of the document that could help to establish eligibility for the requested benefit. The translator must certify that: The translation are accurate and complete, and The translator is competent to translate from the foreign language into English. Q: What is the first basic requirement for EB1 Extraordinary Ability application? A: The first basic requirement for EB1 Extraordinary Ability application is that you must be able to establish that you have extraordinary ability in your field. The EB-1 extraordinary ability immigrant visa is for alien applicants who are recognized as being at the very top of a field, and who are coming to U.S. to continue their work in the field. To establish the eligibility EB-1 extraordinary ability application, the petitioner must demonstrate sustained national or international acclaim, and that the alien applicant's achievements have been recognized in the field. The following are the USCIS requirements for EB1 Extraordinary Ability application: "The EB1 Extraordinary Ability classification applies to individuals with extraordinary ability in the sciences, arts, education, business, or athletics. The individual must demonstrate that they have sustained national or international acclaim, and that their achievements have been recognized in the field of expertise, indicating that they are one of that small percent who has risen to the top of their field of endeavor. The individual must plan to continue to work in their area of extraordinary ability and must substantially benefit the United States." Q: What is the second basic requirement for EB1 Extraordinary Ability application? A: The second basic requirement for EB1 Extraordinary Ability application is that you must be able to establish that you are coming to the United States to continue to work in your area of extraordinary ability. Some of the evidence you may submit to demonstrate that you are coming to the United States to continue to work in your area of extraordinary ability includes: letters from current or prospective employers; documents evidencing your prearranged commitments (such as contracts); and a statement detailing your plans on how you intend to continue working in your field in the United States. Q: I am a lead engineer working for an small private company with H-1B visa for 2 years, and I have some publications. I want to apply for EB1 Alien with Extraordinary Ability category, or EB1 Outstanding Researcher or Professor category, What are the major differences of these two categories? A: The major differences between the EB1 Alien with Extraordinary Ability category or EB1 Outstanding Researcher or Professor category include: 1) The "EB1 Extraordinary Ability" category generally requires higher achievement and ability; 2) The "EB1 Extraordinary Ability'' category can apply to many different fields in the sciences, arts, education, business, or athletics, while the "EB1 Outstanding Researcher or Professor" category generally applies to scientific or scholarly fields; 3) The "EB1 Extraordinary Ability" category requires no specific employment or job offer, while the "EB1 Outstanding Researcher or Professor" category requires a job offer for a permanent research position or a tenured/tenure track teaching position; 4) One can self-petition in the "EB1 Extraordinary Ability" category without a U.S. employer's sponsorship, while the "Eb1 Outstanding Researcher or Professor" category requires a sponsorship from the alien's employer or prospective employer; 5) The "EB1 Outstanding Researcher or Professor" category requires at least three years experience in the field, while the "EB1 Extraordinary Ability" category has no specified minimum experience requirement for any particular field. Q: What is the "sustained" national or international acclaim for EB1 Extraordinary Ability? A: An application for an EB1 extraordinary ability must submit evidence that the alien applicant has "sustained" national or international acclaim, and that the alien applicant's achievements have been recognized in the field. An alien applicant may have achieved extraordinary ability before, but failed to maintain the level of acclaim thereafter. For USCIS to determine whether the beneficiary has the “sustained" national or international acclaim, such sustained acclaim must be continuing without termination or interruption. If an alien applicant was recognized for achievement several years ago, USCIS adjudicators will decide whether the alien applicant has maintained an acclaim level. Q: How to determine whether an alien applicant has “sustained" national or international acclaim? A: For EB1 Extraordinary Ability immigrant application, it must be accompanied by evidence that the alien applicant has sustained national or international acclaim, and the alien applicant's achievements have been recognized in the field of expertise. For USCIS to determine whether an alien applicant has enjoyed “sustained" national or international acclaim, such acclaim must be maintained for over a long period of time. But the word “sustained” does not imply an age limit on the alien applicant. An alien could be young in his/her career and still may show sustained national or international acclaim. Q. How difficult is it to have a EB-1 petition approved? Also, if I have filed an EB-1, when is my priority date? A: The burden of proof in EB-1 cases rests solely with the petitioner. As with all other immigration petitions, unless you are qualified, there is no chance of approval. If a beneficiary is qualified, then the probability of success depends largely on the way the case is presented. If the evidence is relevant and well presented, and the argument is made persuasively, then the case should be approved routinely. Your priority date is the date that the USCIS receives your EB-1 petition. Nevertheless, the priority date is irrelevant in most cases, as the EB-1 category has high priority to the USCIS processing centers. Q: What are the initial requirements for EB1 extraordinary ability application? A: For aliens with extraordinary ability, there is no requirement for employment or job offer, but there should be clear evidence that the alien applicant is coming to U.S. to continue working in the area of his or her expertise. Also, the petitioner should provide evidence that the alien beneficiary has sustained national or international acclaim, and the achievements have been recognized in a field. Q: What evidence should be provided to show that the alien applicant is coming to the U.S. to continue working in the area of expertise? A: The evidence that can be provided to show the alien applicant is coming to U.S. to continue working in the area of expertise could include: 1) a letter from prospective U.S. employer; 2) the evidence of prearranged commitments, such as employment contract; 3) other alternative evidence, suh as a statement from the alien applicant detailing plan of how to continue to work in U.S. Q: How to apply for permanent residency (Green Card) based on EB1 extraordinary ability? A: The U.S. employer or the self-petitioning alien applicant seeking the Green Card (U.S. permanent residency) based on EB1 extraordinary ability can follow the process below: 1) The U.S. employer or the self-petitioning alien applicant needs to file Form I-140, Petition for Alien Worker, with USCIS. 2) It is possible to file the Form I-485 concurrently with the Form I-140, if an immigrant visa number is available for the alien applicant. If the alien is outside the U.S. when an immigrant visa number is available, the alien applicant should complete the U.S. permanent residency process at an U.S. consulate. 3) If the Form I-485 application is approved, the alien applicant is granted an U.S. permanent resident status, and will receive a U.S. permanent resident card in mail. But if the alien applicant went through the immigrant visa process outside United States, the alien beneficiary will enter U.S. with an immigrant visa in his or her passport, and will receive an U.S. permanent resident card in the mail. Q. Is EB1-Extraordinary Ability a self-petition case? and how many publications are sufficient to meet EB-1 requirements? A; Like the National Interest Waiver (NIW), the EB1-EA case is a self-petition case, meaning that an employer does not need to sign the petition form. On the other hand, the EB1-Outstanding Researcher or Outstanding Professor case is employer specific, and the employer must sign the petition form. Due to the second preference quota situation for those from mainland China and India, first preference cases offer some advantages worth considering. For those concerned about NIWs, EB1-Extraordinary Ability and EB1-Outstanding Researcher or Outstanding Professor may be options worth pursuing. There is no specific minimum publication requirement; rather, it is determined by USCIS on a case-by-case basis. Q: Do I need a job offer or be sponsored by an U.S. employer for my EB1 Extraordinary Ability application? A: An Form I-140 application filed for an alien of extraordinary ability does not need to be supported by a job offer or be sponsored by an U.S. employer, and the alien applicant can self-petition for the EB-1A application. For a self-petitioned EB-1A application, the alien applicant must demonstrate that he or she will continue to work in the field of extraordinary ability in the United States, and the alien applicant's work should benefit the United States substantially. There are no standard criteria for what will substantially benefit the United States. In the EB-1A applications, the petitioner must show that the alien will continue to work in the area of expertise in the United States. If USCIS adjudicators are not satisfied that the alien applicant has satisfied the requirements, a Request For Evidence (RFE) notice may be issued by USCIS. Q: I am O-1 visa holder, do I qualify the EB1 Extraordinary Ability Green Card automatically? A: In some cases, an EB-1A petition may be filed on behalf of an alien who was previously granted the O-1 visa, alien of extraordinary ability nonimmigrant visa. Though the prior approval of an O-1 visa petition on behalf of the alien may be a relevant consideration in adjudicating the EB-1A petition, USCIS is not bound by the fact that the alien was previously accorded the O-1 visa if the facts do not support approval of the E11 petition; eligibility as an O-1 visa does not automatically establish eligibility under the EB-1A criteria for extraordinary ability. Each petition is separate and independent, and must be adjudicated on its own merits, under the corresponding statutory and regulatory provisions. Moreover, the O-1 nonimmigrant visa includes different standards and criteria for aliens in the arts, athletics, and the motion picture industry. In such cases, there would be nothing inconsistent about finding that an alien in the arts has “distinction” according to the O-1 nonimmigrant visa criteria, but not “national or international acclaim” according to the EB-1A immigrant criteria. Q: What is the two-part approach an immigrant visa application? A: The U.S. Court of Appeals for the Ninth Circuit reviewed the denial of a EB-1A petition in 2010. It is called the Kazarian case. The AAO determines that Kazarian case sets forth a two-part approach. Thereafter, a USCIS memorandum mandates the two-step analysis for EB1 Alien of Extraordinary Ability petition, EB1 Outstanding Professors and Researchers petition, and EB2 National Interest Waiver petition. In Part One, the USCIS adjudicator will determine whether the immigrant visa petition has submitted evidence to meet the criteria for the immigration classification he or she is seeking, as required by the USCIS regulations. In Part Two, the USCIS adjudicator will consider all of the submitted evidence in totality to make a determination as to whether the alien beneficiary meets the requisite level of expertise for the immigration category. In this step, the USCIS adjudicator will evaluate all the evidence and determine if it proves by a preponderance of the evidence cumulatively that the alien beneficiary satisfies the general definition of the category. If the petitioner establishes that the beneficiary has received a one time achievement (a major internationally recognized award), or meets at least three of the ten criteria, we then determine whether the petitioner has submitted evidence demonstrating that the beneficiary has sustained national or international acclaim, and has achievement that have been recognized in the field of expertise, indicating that the beneficiary is one of that small percentage who has risen to the very top of the field of endeavor. In determine whether the beneficiary has enjoyed “sustained” national or international acclaim, such acclaim must be maintained. A beneficiary may have achieved extraordinary ability in the past, but then failed to maintain a comparable level of acclaim thereafter. Q: What is the "two-part evaluation" process for EB1 Extraordinary Ability application? A: USCIS uses a "two-part" adjudicative approach to evaluate the evidence submitted for EB1 extraordinary ability petitions: 1) determine if the petitioner has submitted the required evidence to meet the criteria for EB1 extraordinary ability; 2) during a "final merits determination", determine if the the submitted evidence is sufficient to demonstrate that the alien beneficiary could meet the required high level of expertise for the EB1 extraordinary ability. 3) In other words, USCIS officers should not evaluate each type of evidence individually to determine if the alien applicant is extraordinary. At the first stage, USCIS officers will evaluate the submitted evidence to determine which evidence objectively meets the the regulatory criteria, by applying the preponderance of the evidence standard. At the second stage, USCIS officers will evaluate the evidence in its entirety for the final merits determination, regarding the required high level of expertise for the EB1 Extraordinary Ability. Q: Does the USCIS' Two-Part Evaluation approach determine the Request For Evidence notice? A: The USCIS' Two-Part Evaluation approach adjudication method apply to EB1 extraordinary ability petition. The evidence listed in the EB-1A regulations serve only as guidelines for the petitioner. Eventually, the submitted evidence should establish that the alien beneficiary is extraordinary and "at the top of the field" Simply presenting evidence which relates to 3 of the listed 10 EB-1A criteria does not necessarily mean that the immigrant visa application should be approved, since the USCIS adjudicator needs to evaluate the submitted evidence. If the USCIS adjudicator determines that the evidence does not meet the standard for EB-1A classification, the additional evidence may be requested, which is Request For Evidence, or RFE. The following is the USCIS' description of Part One evaluation: "We determine whether the petitioner has submitted evidence to show that the beneficiary has received a one-time achievement (a major international recognized award); or the beneficiary qualifies under at least three of the ten criteria required for this classification." The following is the USCIS' description of Part Two evaluation: "If the petitioner establishes that the beneficiary has received a one time achievement (a major internationally recognized award), or meets at least three of the ten criteria, we then determine whether the petitioner has submitted evidence demonstrating that the beneficiary: 1) has sustained national or international acclaim, and 2) has achievement that have been recognized in the field of expertise, indicating that the beneficiary is one of that small percentage who has risen to the very top of the field of endeavor. In determine whether the beneficiary has enjoyed “sustained” national or international acclaim, such acclaim must be maintained. A beneficiary may have achieved extraordinary ability in the past, but then failed to maintain a comparable level of acclaim thereafter." Q: What is the “preponderance of the evidence” standard for EB1 Extraordinary Ability application evaluation? A: To keep the consistency in immigrant visa adjudication, USCIS will use two-part approach for evaluating submitted evidence for EB1 Extraordinary Ability, EB2 Outstanding Professors or Researchers, and EB2 National Interest Waiver petition. The adjudicative officers will first evaluate each type of submitted evidence objectively to determine if it meets the regulatory criteria. The adjudicative officers then will consider all evidence in totality to make the final merits determination, for the required high level of expertise in that immigrant visa classification. For immigrant petitions filed for EB1 Extraordinary Ability, EB1 Outstanding Professors or Researchers, and EB2 National Interest Waiver, USCIS will use the “preponderance of the evidence” standard, which means that if the petitioner submits relevant and credible evidence that leads USCIS to believe that the claim is “more likely than not” or “probably true,” then the petitioner has satisfied the standard of proof. Q. Could a self-petitioned EAD holder (through I-140 in the EB1-EA category, I-485 pending) work as a self- employed consultant in his area of expertise? A: The EB1-Extraordinary Ability category does not require a specific job offer, but rather only clear evidence that the individual plans to continue his or her work in the U.S. in the field of expertise. Since it appears that this remains your intention, there is no problem with you performing your work as a self-employed consultant rather than a designated employee. Q: What is a Letter of Recommendation? Whom should I contact to obtain Letters of Recommendation? A: A letter of recommendation is also called reference letter, and it is a letter written by an expert in the alien's field or some otherwise authoritative person in an allied or supported field. The letter discusses the abilities and accomplishments of the alien seeking an EB-1. Letters of recommendation are an important part of an EB-1 petition. Recommendation letters should be written by experts or scholars in alien's field. Usually, alien applicants ask their former professors, co-workers, employers and individuals that they have met at conferences. People who are less familiar with the alien are also recommended, as an alien who qualifies for an EB-1 petition would be expected to have some degree of notoriety in his or her field. Anyone who is familiar with an alien's work and has expertise in the field may write a letter of recommendation for an applicant. Q: What information should be included in the recommendation letters? and If my boss is not willing to write a strong letter of recommendation for me, may I still get a successful EB-1? A: Recommendation letters provide the primary supporting evidence for your petition. For instance, the letters should include the writers' qualifications for their opinion, your achievements, awards, publishing record, society memberships, etc. There is no specific number of letters set forth by the USCIS. You should generally include three to seven letters of recommendation in an EB-1 case. It is not necessary to obtain a strong letter of recommendation from your current employer to have a successful EB-1 petition, although you should get a letter from your employer if he or she is willing to write one for you. If you obtain letters of recommendation from other experts to support an EB-1 claim, your case may still be a successful one. Q: What is USCIS' view of the reference letters for EB1 Extraordinary Ability Application? A: Many EB1 extraordinary ability application include contain letters of reference. Certain testimonials written by other experts working in the alien applicant’s field may be submitted as evidence. But the letters of reference should not be the cornerstone of a successful application of EB1 extraordinary ability. Also, the statements in the reference letters should be corroborated with the submitted evidence. The reference letters should explain why he or she believe that the alien beneficiary is in the EB1 extraordinary ability caliber. If a reference letter merely reiterates the EB1 extraordinary ability definitions, or merely make expansive statements for the beneficiary's accomplishments, this kind of reference letter is not persuasive. When USCIS evaluates the statements in the reference letter, the relationship between the alien applicant and the reference letter writer is also an important considering factor. USCIS expects that an alien beneficiary in the EB1 extraordinary ability caliber should receive recognition beyond the circle of personal and professional acquaintances. Q: My previous college professor is always busy, for me to ask him for a letter of recommendation, what should I do? Also, do I have to get references letters from some third-part experts in my field? A: Letters of recommendation are hard to draft. Often professors are too busy to draft these letters themselves and are happy to review a draft and sign a letter provided to them by the applicant. Often, you can draft the letter to ensure that it includes the appropriate language and meet the EB-1 filing requirements. The independent third-part expert reference letters play an important role in the application, but not required. Also, it is better that the independent third-part experts attach their resume with their reference letters. Their resume or curriculum vitae (CV) is very important to establish the credibility of the reference. USCIS is more focused on the objective evidences, instead of subjective statements made by your acquaintance individuals. Q: I do not have good relationship with my current employer, and I am worry abut that they may not give me a good reference letter. Do you think this will affect my application? A: The EB-1 Extraordinary Ability and National Interest Waiver petitions do not need employer sponsorship, and a recommendation letter from your current employer is not necessary. If you qualify for EB1 Extraordinary Ability or National Interest Waiver, theoretically you do not have to have a specific U.S. employer. The EB1 Outstanding Researcher or Outstanding Professor petition does need employer sponsorship, thus a recommendation letter from employer is important in this case, but it is not required also. Your petition depends on other expert letters of recommendation and your personal qualifications, ant it does not depend on your relationship with your current employer. If your other evidences can establish your personal qualifications, or other reference letters provide sufficient support for your application, then there is no need for you to worry about your relationship with current employer. Q. Do I have to have many citations to apply for EB1 Extraordinary Ability? A: In scientific fields, citations are required in most cases when a researcher uses another scientist's research findings of for his or her own research. These citations are normally not considered to be probative for the alien applicant's extraordinary ability in the field. When evaluating citations to an alien’s work, USCIS will evaluate the submitted citations to determine the significance of the alien applicant’s original contribution to the field. The frequent citations by independent researchers may show the interest in alien’s work, and may serve as evidence that the alien applicant is indeed an authoritative in the field. In some situations, alien’s significant and original contributions in a field can bring the subsequent references and citations. As an example, consistent references and citations by other researchers for an advanced technology developed by the alien applicant would be relevant to the alien's extraordinary ability. But other researcher's citations to the alien’s similar research techniques without accrediting any significant findings to the alien applicant may not be probative. Q: How to prove that my award meets the prize or award requirement for EB-1A? A: To meet this criterion, the petitioner should establish that the prizes or awards are given for excellence in the beneficiary’s field of endeavor, or that the primary purpose of the prizes or awards was to recognize excellence in the beneficiary’s field. To demonstrate excellence in the field is the basis for the prizes or awards, the petitioner may submit: Documentary evidence describing how the prizes or awards relates to excellence in the beneficiary’s field. Documentary evidence of the criteria used to grant the prizes or awards, including evidence that a criterion for winning the prizes or awards was excellence in the field. Q: What kind of membership in associations should I have to meet the EB-1A criteria? A: To satisfy this EB1 extraordinary ability criterion, the submitted evidence should establish that the alien applicant’s significant achievement in the field is the basis for the alien’s membership in the association. It is not sufficient for this criterion if the membership is based on education level, or is based on years of experience in the field. To satisfy this criterion, alien applicant's membership in associations should require outstanding achievements of their members, as judged by national or international experts in their fields. Also, USCIS believes that the membership fee payment or an association’s publication subscription is not sufficient for this criterion, because membership in some associations can be a requirement of an occupation, such as union membership or guild affiliation for actors. To satisfy this criterion, the petitioner should show that the membership of an association is exclusive, which means that membership is limited only to those who have been attained outstanding achievements in the field as judged by their peers. Q: How to prove that my membership meets the association membership requirement for EB-1A? A: To meet the membership criterion, the petitioner should provide evidence to confirms that the association requires outstanding achievements of its members. To assist the USCIS in determining that the beneficiary’s membership satisfy this criterion, the petitioner may submit the section of the association’s constitution or bylaws which discuss the criteria for membership for the beneficiary’s level of membership in the association. And, the submitted evidence should show that the basis for granting memberships in the submitted association is the beneficiary’s outstanding achievements in the field of endeavor as judged by recognized national or international experts in the field. To assist in determining that the beneficiary’s membership satisfy this criterion, the petitioner may submit: Information to establish that the individual who review prospective member’s applications are recognized as national or international experts in their disciplines or fields. The section of the association’s constitution or bylaws which discuss the qualifications required of the reviewers on the review panel of the association. Q: How to meet the EB-1A criterion of "original" scientific contributions? A: To satisfy this EB1 extraordinary ability criterion, the petitioner should provide evidence of the alien's "original contributions of major significance" to the field. The arguments alone are not sufficient. Although published work and funded research could be "original contributions” to a field. USCIS will check if the published work and funded research is indeed a major, significant contribution to the field. USCIS will determine whether the alien has made original contributions in the field, and whether the alien’s original contributions are of major significance to the field. USCIS officers will evaluate whether the alien applicant's work constitutes major, significant contributions to the field. Although funded research and published work may be “original,” this fact alone is not sufficient to establish that the alien applicant's work has "major significance." For example, peer-reviewed presentations or peer-reviewed articles in scholarly journals may have significance of the alien’s contributions to a field, if the presentations or articles have provoked widespread commentary or received a goodly number citations. Q: How to prove that my contribution meets the requirement of "contribution of original and of major significance in the field"? A: To meet this criterion, the submitted evidence should show that the beneficiary’s contributions are considered to be of major significance in the field of endeavor. To assist in determining whether the beneficiary’s contributions are original and of major significance in the field, the petitioner may submit: Objective documentary evidence of the significance of the beneficiary’s contribution to the field. Documentary evidence that people throughout the field currently consider the beneficiary’s work important. Testimony and/or support letters from experts which discuss the beneficiary’s contribution of major significance. Evidence that the beneficiary’s major significant contribution has provoked widespread public commentary in the field, or has been widely cited. Evidence of the beneficiary’s work being implemented by others. Possible evidence may include but is not limited to: Also, the reference letters and testimonies, if submitted, must provide a much detail as possible about the beneficiary’s contribution, and must explain, in detail, how the contribution was “original” (not merely replicating the work of others), and how they are of “major” significance. General statements regarding the importance of the endeavors are insufficient. Q: How to establish eligibility for the high level of expertise required for the EB1 Extraordinary Ability immigrant classification? A: Establishing eligibility for the high level of expertise required for the EB1 Extraordinary Ability immigrant classification is based on the beneficiary possessing: Sustained national or international acclaim: In determining whether the beneficiary has enjoyed “sustained” national or international acclaim, such acclaim must be maintained. A beneficiary may have achieved extraordinary ability in the past, but then failed to maintain a comparable level of acclaim thereafter; and Achievements that have been recognized in the field of expertise, indicating that the beneficiary is one of that small percentage who has risen to the very top of the field of endeavor. When ultimately making a final decision regarding EB-1A eligibility, USCIS will first evaluate the evidence submitted by the petitioner to determine which regulatory criteria the beneficiary meets in Part One of the analysis. If the petitioner establishes that the beneficiary has received a one-time achievement (a major internationally recognized award), or meets at least three of the ten criteria, then USCIS will evaluate all of he evidence in the record to make a final merits determination of whether or not the petitioner, by a preponderance of the evidence, has demonstrated that the a preponderance has sustained national or international acclaim, and that the beneficiary ‘s achievements have been recognized in the field of expertise, indicating that the beneficiary is one of that small percentage who risen to the very top of the field of endeavor. Q: I published some papers, does it mean that I could meet the EB-1A criterion of authorship of scholarly articles in the field? A: To satisfy this EB1 extraordinary ability criterion, the petitioner should submit evidence of the alien applicant’s academic articles in professional or major trade publications. The provided evidence should establish the significance of the published articles, and how it has set the alien applicant apart, as one of the small percent who has risen to the very top of the field. The persuasive evidence includes the documentation that shows the independent experts in the field consider the published documents to be significant, or that the alien’s research results have been widely cited, or been widely adopted by other researchers or professionals. In the cases for scientists, this EB-1A criterion could be satisfied by conference presentations, if such evidence is indicative of the requisite sustained national or international acclaim. Q: How difficult it will be to get an EB-1A application approved? A: The petition should determine which of the 10 criteria the alien beneficiary is attempting to satisfy, and provide the relevant evidence for the individual criterion. The burden of EB1 extraordinary ability application approval rests with the petitioner. The petitioner should provide substantial evidence of at least 3 out of 10 EB-1A criteria the alien applicant to satisfy. If the alien applicant is qualified, then the success depends largely on the way the application is presented to USCIS. If the submitted evidence to USCIS is well presented, and the provided arguments for the case are persuasive, then the EB-1A application should be approved. To help you obtain U.S. Green Card easily and quickly, we provide the high quality and case-proven Complete Do-It-Yourself Package for EB1 Extraordinary Ability Application , based on our extensive and practical employment immigration experience. As added value in the Complete Do-It-Yourself Package for EB1 Extraordinary Ability Application , we provide comprehensive instructions on U.S. immigration application requirements and processing, the methods of how to prepare the EB-1A application, how to collect evidence, how to show your achievements, how to prove your extraordinary ability, and how to write the application cover letter and the reference letters. We also provide step-by-step procedures for EB1 Extraordinary Ability application, various application strategies, detailed sample cover letter, detailed sample reference letters in different formats and academic fields, samples of filled forms, complete application check list, application required forms, and more. Q: I want to know the difference between the EB2 National Interest Waiver (EB2 NIW) application and the EB1 Extraordinary Ability (EB-1A) application. What are the advantages of one over the other? A: The EB2 National Interest Waiver (NIW) and all EB1 immigrant categories (EB1 Extraordinary Ability, EB1 Outstanding Researcher and Professor, and EB1 Multinational Executive or Manager) do not not require Labor Certification. For the EB2 Exceptional Ability category (not EB2 NIW), the U.S. employer can submit the Form I-140 petition only after obtaining the Labor Certification from U.S. Department of Labor. The EB1 Extraordinary Ability and EB2 NIW immigrant categories can be self-petitioned, so the foreign aliens do not even need an job offer of employment and the U.S. employer's sponsorship. But for EB2 Outstanding Researcher and Professor petition, an applicant needs a job offer and U.S. employer's sponsorship. The scope for EB2 NIW petition does not have to be very narrow. An alien applicant can submit both EB1 NIW and EB-1A petitions at the some time to increase the approval chance, if the alien applicant can meet the qualification requirements. If an alien applicant is from a visa retrogressed countries, such as India or China, then EB1 category is more desirable route than NIW, becuse the waiting time for filing Form I-485 form is much shorter. Q: Can I file for the EB1 Extraordinary Ability application by myself? Do I need to get a labor certification from the Department of Labor for an EB-1A application? A: Yes. you can file for the EB1 Extraordinary Ability application by yourself. A United States employer can also fill it for you under the classification of EB-1A. A Labor Certification is not required for EB1 Extraordinary Ability application, and you do not have to have an job offer from a prospective United States employer. Q: How to submit evidence to present a strong case as a researcher for EB1 Extraordinary Ability petition? A: According to USCIS, the following evidence may present a strong case as a researcher for EB1 Extraordinary Ability petition: 1) peer-reviewed presentations at academic symposia; 2) peer-reviewed articles in scholarly journals; 3) testimony from other scholars on the alien beneficiary's contribution to the field; 4) a number of entries in a citation index citing the alien beneficiary's work as authoritative; or 5) participation by the alien beneficiary as a reviewer for a peer-reviewed scholarly journal. Q: For Extraordinary Ability petition, is the researcher required to have a PhD degree? and how many publications do I need to have to meet the requirements sufficiently? A: Normally, people may expect outstanding researchers to have Ph.D. degrees, the USCIS regulations do not require a doctorate degree for the EB-1A applicants. Also, there is no specific minimum publication requirement to meet the EB-1A criteria. Rather, it is determined by USCIS on a case-by-case basis. Q: As a researcher, if I do not have many published papers, can I still ask my employer to file the EB-1A application for me? A: Publications can establish the alien applicant's original scientific contributions to the field. To file an EB1-A application, there is no requirement that you need to have many published articles, although publications may help to improve your chances of EB-1A approval. An applicant can still submit evidence that satisfies other criteria listed in the EB-1A regulation, and you can ask your employer to file the EB-1A application for your as your sponsor. Q: I do not have any awards or prizes in my field, can I file the EB-1A application? A: If you do not have any awards or prizes in a field, you still can apply for an EB1-A petition. There is no requirement that you must have awards or prizes to file an EB-1A petition or get it approval, although the awards or or prizes would help to satisfy one criterion in the EB-1A regulation. An applicant can still submit evidence that satisfies other criteria listed in the EB-1A regulation. Q: I am a J-1 visa holder and subjected to the two-year home country residency requirement. Can I apply for EB-1A petition now, and get my J-1 waiver thereafter? A: As a J-1 visa holder subjected to the two-year home country residency requirement, you can file the EB-1A petition now, and get your J-1 waiver later. You do not need to have a J-1 waiver before file an Form I-140 petition under the EB1 Extraordinary Ability category. The two-year home country residency requirement does not allow you to adjust the status from J-1 to U.S. permanent residency. After your Form I-140 approval based on he EB-1A you are still subject to the two-year home country residency requirement, and you need to get the J-1 waiver before you can file Form I-485 to adjust your status to U.S. permanent resident. To help you get your J-1 waiver easily and quickly, we provide a high quality and case-proven Complete Do-It-Yourself Package for J-1 Waiver Application , based on our extensive and practical experience. As added value in the Complete Do-It-Yourself Package for J-1 Waiver Application, we provide comprehensive instructions on J-1 waiver application requirements and processing, and we also let you know the required application documents, evidence, procedures, samples of recommendation letter and J-1 program sponsor letter, samples of required forms, and detailed explanation of the J-1 waiver application related forms and issues for different J-1 waiver options. Q: My salary is higher than my co-workers, does it mean that I could meet the EB-1A criterion of "high salary or other significantly high remuneration for services"? A: To satisfy this EB1 extraordinary ability criterion, the petitioner should show that the alien applicant has a significantly high salary or remuneration for his or her services, in relation to others in the same or similar field. For example, if submitted evidence shows that the alien has a significantly higher salary than others at the alien applicant's workplace, it may not be sufficient to establish the alien's outstanding role in the field, if without further and objective additional evidence. Also, the submission of U.S. Department of Labor's prevailing wage determination or information for the alien's field may not meet this criterion, if without other corroborative evidence. Because the alien applicant must show that his or her salary or other remuneration is "significantly" higher than that of others in the field, not just simply higher that the "prevailing wage." Q: I am an artist, can I use the EB-1A criterion of "comparable evidence" for my EB-1A application? A: If the standards do not readily apply to the beneficiary’s occupation, the petitioner may submit comparable evidence to establish the beneficiary’s eligibility. The EB1 extraordinary ability provision allows petitioners to submit "comparable evidence" to establish an alien applicant's eligibility, if the above 10 EB-1A criteria do not apply to the alien’s situation or occupation. To use the comparable evidence, the petitioner should explain why the alien applicant cannot satisfy at least 3 of the 10 EB-1A criteria, and why the submitted evidence is comparable to that required in the EB1 extraordinary ability regulations. In some situations, one type of comparable evidence may satisfy more than one EB-1A criteria. But there is no comparable evidence for the one-time achievement of a major, international recognized award. When USCIS evaluates the submitted comparable evidence for EB1 extraordinary ability application, they will consider if the EB-1A criteria are applicable to the alien’s occupation or situation. If not, USCIS will determine whether the provided evidence is indeed comparable to the 10 criteria listed in the EB-1A regulations. Q: May a Ph.D. student apply for an EB-1? I will get my Ph.D. soon, and may not get a job offer immediately after the graduation, may I file an immigration application now, or I have to extend my F-1 visa? A: There are many successful cases of Ph.D. students obtaining Green Cards in the EB-1 category. Even if you are unable to get a job offer within a short period of your graduation, you may still want to file EB1-EA or NIW petition now. If you can get a practical training job, you may use the OPT time to proceed your I-140 petition. If your I-140 petition gets approved, you can immediately file Form I-485 and receive the employment authorization (EAD). Once your Form I-485 is filed, your status becomes legal even if you do not have a permanent job. Q: What is the real difference between EB-1 and NIW applications? Is it possible to file two petitions such as an EB-1 and a NIW at the same time? A: The requirements in EB-1 and NIW are different, and the application preparation is significantly different between these two classifications. For example, it may be likely that one could qualify for EB-1, but not NIW. But once your I-140 is approved, there is no major difference between these two classifications for the I-485 application later. It is possible to file two petitions such as an EB-1 and a NIW at the same time. Some applicants file two I-140 petitions simultaneously in EB-1 and NIW. There is nothing stated in the law that prohibits multiple filings. Actually, multiple filings increase your chances. Q: If I do not have published articles in journals within my field, may I still apply for an EB-1? and do I need a sponsorship from my current employer for NIW or EB-1 application? A: Yes, there is no specific requirement that you need to have published articles in order to apply or obtain approval of an EB-1 petition, although in many instances publications would help improve chances of approval. The EB1-EA and NIW can be a self-petitioned application and does not need to be sponsored by your current employer. But EB1-OR is an employer-sponsored application, it needs to be sponsored by your current employer. If you are currently employed, the sponsorship from your employer may help your application, including the letters of recommendation, and other evidences. Q: How could the sample reference letters in your Complete Do-It-Yourself Package help me to prepare my recommendation letters? A: In our Complete Do-It-Yourself Package for EB1 Extraordinary Ability petition, we offer sample reference letters in different formats and academic fields to help you to prepare your recommendation letters. These sample reference letters will help you revise your draft letters, and help you to write letters not from scratch. Also, the time you spend to write a letter or revise a letter would be much shorter when writing a letter based on the provided information in the sample reference letters. Our experience has taught us that this is a better way to combine the petitioner's skills and our knowledge. Your reference letters prepared in this way are more appropriate, more accurate, and more convincing. Q: What is the permanent job offer? I have received a job offer from my employer. Is my employer required to employ me permanently? A: A permanent job offer is any job without a defined termination date. Most jobs are permanent jobs, and a permanent job is unrelated to salary or title. On the other hand, a lot of jobs involve an employment "at will" relationship. In such a case, you or your employer may terminate the employment relationship at any time for any or no reason at all. Q: If I do not have a permanent offer of employment, can I still apply for an EB-1 petition? If I do not have any awards in my field, may I still apply for an EB-1? A: If you do not have a permanent offer of employment, you are still eligible to apply for an Alien of Extraordinary Ability category petition. But you would not be eligible to apply for an EB1 Outstanding Researcher or Outstanding Professor category petition, since this petition requires a permanent research or teaching job offer. If you do not have any awards in your field, you still can apply for an EB-1. There is no specific requirement that you must have awards in order to apply or obtain approval of an EB-1 petition, although in many instances awards would help improve chances of approval. Q: What if I change jobs while my Extraordinary Ability Alien petition is pending? I would like to file an Alien of Extraordinary Ability case, but I plan to move in three months to a different state. What will happen to my petition if I move? A: It will have no effect upon the status of your case, and your petition will remain active. Extraordinary Ability Alien petitions can be self-petitions and do not require a job offer. Therefore, you may change your employment and it will have no effect on your case as long as you stay within your field of expertise. Q: I am a Ph.D student with F-1 visa, which is a non-immigrant visa. Do I have to wait to apply for the Green Card after my graduation and changing the visa to H-1B? A: The F-1 visa is a non-immigrant visa, but it does not mean that a F-1 visa holder is not allowed to apply for the Green Card. A non-immigrant visa holder, such as F-1 and J-1, may change its intent thereafter receiving a nonimmigrant visa. It is not true that a non-immigrant visa holder must change its visa type to a nonimmigrant visa such as H or L visa, which allows dual intent, before a Green Card petition can be filed. Generally speaking, anyone can file an immigration petition at any time if he or she meets the qualification requirements. But, if your current F-1 visa time is not long enough for you to finish your degree, it is better to wait to file the Green Card application until you have extended your F-1 visa. Q: I am a J-1 holder subjected to the two-year foreign country residency requirement. May I apply under EB-1 or National Interest Waiver now, and get my J-1 waiver later? A: Yes, you can apply for the EB-1 or National Interest Waiver now, and get your J-1 waiver later. Even with a I-140 approval, you are still subject to the two-year foreign country residency requirement, and need to get the J-1 waiver before you can adjust your status to permanent resident. You do not have to have a J-1 waiver before submitting an I-140 petition. The two-year foreign residency requirement does not allow you to adjust the status from J-1 to permanent residency, but it does not prevent you from submitting I-140 petition. Also, you may prepare for I-140 and J-1 waiver concurrently. If you receive an I-140 approval before a J-1 waiver, you need to wait for the J-1 waiver to submit the I-485 application for adjustment of status. Q: I am currently in J-1 status and subject to the two-year home country residence requirement. If I apply for an EB-1 and get it approved, is my J-1 home country requirement waived? A: No, a J-1 waiver and an EB-1 are two different things. A J-1 waiver is an application to waive the two-year home country residency requirement. An EB-1 is an immigration petition. Even if your EB-1 is approved, you are still subject to the two-year requirement. You need to either obtain a J-1 waiver or satisfy it before you may adjust your status to a permanent resident. Q: If I am not a member of any professional association, organization, or society in my field, may I still apply for an EB-1? If my petition for EB1-EA is unsuccessful, can I apply again in the future? A: There is no specific requirement that you must be a member of any professional association, organization, or society in order to apply or obtain approval of an EB-1 petition, although in many instances such memberships would help improve chances of your approval. If your petition for EB1-EA is unsuccessful, you can apply again in the future. A previously rejected petition does not bar you from submitting another petition subsequently, regardless which classification is concerned. However, Unless your circumstance has improved, it is not advisable to simply submit a similar petition again. You will not be able to claim the priority date of the previous petition. But unless the 6 year maximum of your H-1B visa is approaching, losing a priority date is not always an issue, because there is no waiting line for a visa number in EB-1 classifications for most time. Q: Does an artist or musician qualify for an EB-1? I am not a member of any art professional organizations in my field, but may join by paying a membership fee. Should I join some art professional associations now in order to increase my chances of approval for an EB-1? A: Yes. Artists and musicians may apply for an EB-1. You may join some art professional associations now in order to increase your chances of approval for an EB-1. But the evidence that would support an EB-1 petition is membership in an association, organization, or society requiring "outstanding achievement" of its members. If the professional association is relatively easy to join, it may not be a factor in your EB-1 case. Q: I am considering applying under an EB-1 classification. May I also apply for an NIW? and is there any negative effect between the two petitions? Can letters of recommendation included in an NIW petition be used for an EB-1 petition? A: Yes, you may also apply for an NIW at the same time. You are not bound by only one immigrant petition category. You may petition under more than one category simultaneously. This increases your odds of getting an approval, since it is impossible to predict whether the USCIS will approve any given case. The law does not prevent one from submitting multiple petitions in different classifications. Each petition is adjudicated separately even if submitted concurrently. There is no any negative effect between the two petitions. They are unrelated. One will not affect the other. The letters of recommendation included in a NIW petition should not be used for an EB-1 petition. The NIW letters of recommendation will not be effective for an EB-1 petition since an EB-1 and NIW have different criteria. Q: I have been denied an I-140 petition based on Labor Certification for the reason of incorrect job/title requirements, may I still petition for an EB-1? Between an NIW and an EB-1, which petition is recommended? A: Yes, you still can petition for an EB-1, assuming you would otherwise qualify for an EB-1. The standards for an EB-1 petition and a Labor Certification are very different. A Labor Certification is based on a lack of available U.S. workers with minimum qualifications for the particular job. By contrast, an EB-1 is based on proving that either the alien possesses an "Extraordinary Ability" or his accomplishments have been "Outstanding", which places the alien in the priority worker classification bypassing the need for a Labor Certification. You should always keep in mind that filing both a NIW and an EB1-EA petition concurrently is an option. However, each case is different. If your case is strong, your chances for success are higher by applying for EB1-EA. However, if your case is not as distinguished as successful EB1-EA cases, a NIW petition would be a sensible approach. Q: My employer-sponsored I-140 got approved, and my I-485 is still pending, may I leave my current job? A: According to the 180 day rule of AC21, you are allowed to change job without affecting the approved I-140, if you has a pending I-485 for 180 days or more, as long as the new job is in the similar occupational classification as the job in the original petition. Q: What is a "Request For Evidence"? A: Sometimes the USCIS is not convinced that the alien petitioning under an EB-1 category has met the burden to prove that an applicant qualifies for the EB-1 category. In such cases, they will typically submit a "Request for Additional Evidence" or "Request for Evidence (RFE)" seeking certain forms of evidence that the USCIS finds lacking. An applicant should take great care to present a strong case, so that it may be approved without a request for additional evidence. Nevertheless, there is no way to predict how a USCIS officer reviewing a particular case will respond, and sometimes even the strongest of cases receive a "Request for Additional Evidence". To process the Form I-140 petition and determine the eligibility for EB1 Extraordinary Ability petition, additional information may be required by USCIS. The Request For Evidence notice provides suggested evidence that could be submitted in consideration of each requested item. The petitioner should provide additional evidence that is believed to satisfy the request. The petitioner is responsible for providing that best shows that the EB-1A beneficiary meets all requirements. Evidence must show that the beneficiary was eligible for the requested benefit when the Form I-140 petition was filed. Q: How could you help me for my Request For Evidence notice from USCIS Service Center? A: It is critical to appropriately and proficiently reply the USCIS issued Request for Evidence, incorrect response of the RFE will directly result in your EB1-Extraordinary Ability petition rejection. To help you replying the RFE, we provide the high quality and case-proven "Complete Do-It-Yourself Package of Request For Evidence for EB1 Extraordinary Ability Petition". In the RFE package, we present methods of analyzing RFE questions, RFE replying strategies, means of strengthening your case, detailed RFE cases analysis, sample cover letters, sample reference letters, and more. With the RFE package, you get all the information you need and step-by-step knowledge and strategies of how to prepare an efficient, professional, and complete response to your RFE notice of EB-1A petition, and eventually get your Green Card. Please also visit: http://www.greencardapply.com/rfe.htm and http://www.greencardapply.com/rfe/request-for-evidence-eb1a.htm Q: I recently get a letter of "Notice of Intent to Deny" from USCIS for my Form I-140 application. What is the difference between the Request for Evidence and Notice of Intent to Deny? A: A Request for Evidence (RFE) from a USCIS Service Center is that the USCIS adjudicator is requesting additional evidence to address and support specific parts of the pending I-140 petition. The petitioner may have certain days indicated in the RFE notice to respond the requests in the RFE notice. If the petitioner does not respond within the indicated time, the petition may be denied by USCIS. After USCIS receives your response to an RFE notice, further action will generally occur within 60 days, but may take longer for some cases. A Notice of Intent to Deny (NOID) is that the USCIS adjudicator is giving notice that USCIS will deny the pending case, unless you provide certain extra documentation. The petitioner may have certain days indicated in the NOID notice to respond. If the petitioner does not respond within the prescribed period, the petition may be denied. Once the USCIS receives your response to an NOID, further action will generally occur within 60 days, but may take longer. Q: Can I file EB-1A and NIW concurrently? A: Yes you can. But your should file a separate Form I-140 petition for EB-1A and NIW, with the required application fee and supporting documents for each immigrant visa category. Also, you should be careful not to check multiple categories on one I-140 Form. Q: Is the immigration visa's priority date matter in a EB-1A petition case? Also, if I file an EB1 Extraordinary Ability application, can I use the concurrent filing to file an I-485 application also? A: No, the immigration visa's priority date does not matter in a EB-1A petition, because all immigrant visas are always current for EB-1A petitions. You can file Form I-140 application and Form I-485 application concurrently, if your priority date is "current." Your priority date is established by the date when your Form I-140 application is filed. Normally, the priority date for EB-1A application is always current. Q: If my EB-1A petition is rejected by USCIS, how long should I wait to file an EB-1A petition again, or file in other categories again? A: The immigration law does not restrict the time you can file an EB-1A petition again after the rejection of your previous EB-1A application. A previous rejected EB-1A petition does not bar you from submitting another EB-1A petition again subsequently, and regardless which immigrant classification is concerned. However, unless your situation has improved, it is not advisable for you to simply submit a similar petition again, because it is unlikely your case will be approved by USCIS. Q. How to apply for adjustment of status after Form I-140 approval? A: Application Form I-485, application for adjustment of status, is the document you are required to file after your application for immigration based on employment is approved. This form, when filed, must be accompanied by items such as photos, letter of employment, affidavit of support, physical examination record, etc. To help your Form I-485 application, we provide a "Complete Do-It-Yourself Package for Form I-485 Application". With the change of immigration regulation, rules on adjustment of status become much more restricted. You must provide visa records to establish your and family members' continuous lawful status since you entered the U.S. This can be a serious problem for those people whose status expired prior to their application for immigration was approved. Q: My self-petitioned I-140 got approved, and my I-485 is still pending, may I leave my current job? A: For self-petitioned NIW or EB1-EA application, the job change will not affect the pending I-485. The applicants enjoys a much broader flexibility due to the different nature of their petitions. The I-485 petition will not depend on which employer you work for during the process. But it does not mean that you can work on any job you like after the I-485 submitted. You need to prove and maintain the required qualifications for EB1-EA application. If you later get a Request For Evidence (RFE) or an interview for the I-485 petition, and you no longer maintain the qualifications set in the original I-140 petition, your I-485 may be rejected. Q: My I-485 is pending, and my current H-1B is still valid. May I apply for a EAD and use it for a second job? A: You may want to always keep a valid H-1B visa for your primary job. Your H-1B status does not prevent you from applying for an EAD, but you do not have to use it. The benefit is that if you lose your job and its related H-1B status, you can use the EAD immediately to find a new job. Using EAD for a secondary job generally will not affect your H-1B status for the primary job. If you believe your I-485 application may have some potential problems for approval, you should keep your valid H-1B status. Q: I filed a concurrent Form I-140 and Form I-485 petitions several months ago. Now, I get a RFE (Request For Evidence) letter from USCIS for my Form I-140 petition, asking for more supporting materials and evidences. Please let me now what may happen for my Form I-485 application if my Form I-140 is rejected after the RFE response? A: The concurrent Form I-140 and Form I-485 petitions are supposed to permit the alien applicant a number of benefits, including availability of work permit card (EAD), advance parole for international travel, and similar benefits to the accompanying family members. Under the U.S. immigration law, the Form I-485 application remains intact unless it is denied as separate from the denial of Form I-140 petition. To prevent the abuse of concurrent Form I-140 and Form I-485 filing, the USCIS instructed its Service Centers to deny all the accompanying applications including Form I-485, Form I-485A, From I-765, and Form I-131 simultaneously, when the USCIS Service Centers deny the underlying Form I-140 petition. Q: What is the A# or A Number? We just send out the Form I-140 package to USCIS Service Center for my Green Card application. When we can get our A#, and what it is used for? Is it same as SSN? and do I need it for my employment authorization? A: An alien applicant should have a A# after your Form I-140 immigrant visa application approval. The A Number is the Alien Registration Number. The “A” number is used by the Department of Homeland Security and USCIS for the purpose of identifying aliens. It alone does not serve as employment authorization nor is it evidence of legal status or permanent residency. After your I-140 approval, you will be given an A number by USCIS. Aliens are also often confused Social Security Numbers (SSN) with alien registration numbers (or “A” number) issued by the Department of Homeland Security. An alien is issued an “A” number when he or she is applying for immigration, is put under removal proceedings, or under other special alien registration programs. The formal “A” number contains eight digits and will occasionally begin with a “0” and have a total of 10 digits. In general, one may only have one formal “A” number. In multiple applications cases, however, an alien may receive multiple “A” numbers. Q: My Form I-140 immigrant visa application was denied after the Request For Evidence (RFE) response to USCIS. What should I do next? Can I file a appeal of a Motion to Reopen? or file a Motion to Reconsider? A: A Motion to Reopen is a request to the original decision officer of USCIS to review a decision of the immigrant petition. The motion must be based on factual grounds, such as the discovery of new evidence or changed circumstances. If your Form I-140 immigrant petition was denied by USCIS due to a Request For Evidence (RFE) or a Notice of Intent to Deny, you can file a motion to reopen if you can show that: * The requested evidence was not material; * The required initial evidence was submitted with the petition; * The request for appearance or additional evidence was complied with during the allotted period, or * The request for evidence or appearance was not sent to the address of record. As another choice, you can also file a "Motion to Reconsider." A motion to reconsider is a request to the original decision officer of USCIS to review a decision based on new or additional legal arguments. The motion must establish that the decision was incorrect based on the evidence of record at the time of that decision, and it must state the reasons for reconsideration. A motion to reconsider must be supported by “any pertinent precedent decisions to establish that the decision was based on an incorrect application of law or USCIS policy.” Unlike a motion to reopen, new evidence or changed circumstances cannot support the filing of a motion to reconsider. Q: I am now working at a university as a research associate. How could I get reference letter from "independent" and "well-recognized expert" for my original contribution in the field? A: According to USCIS, the reference letter should come from independent and well-recognized expert, based upon his/her review of the documents that are submitted with the EB1 Extraordinary Ability application. By "independent", the USCIS means an expert with whom the alien application has not worked before - not an employer, colleague, advisor, or client. By "well-recognized", the USCIS means a well-credentialed expert with lengthy experience in the field of endeavor. The experience should include an advanced degree, more than ten years of experience in the field, a lengthy publication and presentation record. Not every EB-1A application case needs the reference letter from "independent" and "well-recognized expert", especially when the alien applicant has Ph.D. degree and a lengthy publication record and several wards, which could distinguish the alien applicant from other individuals in the field. Q: After I get my Green Card in self-petition EB1-Extraordinary Ability, do I still have to stay in the same or similar field? Also, as a derivative beneficiary, if my wife wants to change her job, does she has to stay in the same or similar field? A: For self-petition or employer-petition EB1-Extraordinary Ability petition, if you were granted a Permanent Resident status because of your extraordinary ability in a field, you may want to work in the field at least for a while after your Green Card petition approval. It is not recommended that you change job quickly. For your wife, since she is not the direct beneficiary of the EB1-EA I-140 petition, she is not subject to the requirement of any specific employment. Before obtaining her Green Card and with a valid EAD, she can work any job and anywhere. After the Green Card, she can also change job at any time. Q: I applied the EB1-Extraordinary Ability petition. I recently got RFE (Request For Evidence) for my petition which said that "the evidence does not demonstrate how your field has changed as a results of your work beyond the incremental improvements in knowledge and understanding expected from valid original research. Additionally, the evidence does not demonstrate that your work has been adopted by many or that your work has led to company investments in new products or processes." It looks like that USCIS used the much strict "Two-Step Approach" for my case. I claimed 3 EB1A criteria: authorship, contribution and review. I meet the requirements of authorship and review, but not the contribution. What should I do? A: USCIS has issued a Policy Memorandum for "Two-Step Approach" Form I-140 Petitions Evaluation. This Policy Memorandum provides guidance regarding the analysis that Immigration Service Officers must use in adjudicating Form I-140, Immigrant Petition for Alien Worker, filed for: EB1 - Extraordinary Ability petitions, EB1 - Outstanding Professor or Researcher petitions, and Aliens of Exceptional Ability, including EB2 NIW petitions. Once USCIS determines that the petitioner has provided satisfactory evidence for the requisite number of prongs, the second phase of review requires the adjudicator to weigh the evidence against the required high level of expertise for the visa category. It is in the second phase of the review where the evidence can be evaluated to see if, cumulatively, it proves by a preponderance of the evidence that the applicant or beneficiary is at the very top of his or her field of endeavor. For your case, you need to work on the criterion of academic contribution in your field. A good way is to run a new report of your paper's citation number. You also need to prove that you are one of that small percentage who has risen to the top of the field of endeavor and, and you have sustained national or international acclaim. Q: As a post-doctor researcher at a U.S. University for more than 3 years, I plan to apply for Green Card in both EB1-Extraordinary Ability (Alien of Extraordinary Ability) and EB2 National Interest Waiver (EB2 NIW) immigrant visa categories with the help of your Green Card DIY application packages. I have over 30 citations for my publications. How could I use my citations as strong evidence for my Green Card application? A: When evaluating alien's publication citations and an alien’s research work, U.S. Citizenship and Immigration Services (USCIS) will determine the significance of the alien’s original contribution to the field that resulted in the citations. To use the citations as strong evidence for EB1 or EB2 NIW Green Card application, the alien applicant should establish the publication's circulation and intended audience. Some citations, especially passing citations, do not suffice. Also, articles that cite the alien‘s work as one of multiple footnotes or endnotes are generally not “about” the alien‘s work. USCIS may not be persuaded that citations of an article authored by the alien beneficiary constitute published material about the alien‘s work. The alien applicant should include citation report from an online source (GoogleScholar, SciFinder, or the Web of Science). Citation record can help USCIS understand that the field has acknowledged the alien applicant's research, and original research contribution in the field. In some cases, inclusion of a lengthy list of referenced articles that often accompany published articles might be probative of the alien’s ability, because the alien’s contributions served as a significant, original contribution that spurred the subsequent references and citations. Q: My EB-1A based Form I-140 application is still pending, and I may need to go back to my home country to work for a short time. What is the procedure for me to get my Green Card after the Form I-140 is approved if I am outside of the U.S.? A: The Consular Processing is a method that you can apply for an immigrant visa at a U.S. consulate overseas after your Form I-140 petition is approved and you are not in U.S. If the Form I-140 petition is approved and you are not in the United States, the USCIS will send the approved Form I-140 petition to the National Visa Center of Department of State. The National Visa Center will send you a notice of receipt. Since an immigration visa number is available for EB-1A classification, the National Visa Center will send you another notice indicating when you should submit the immigrant visa processing fees and supporting documentation. The supporting documentation may include: a copy of Notice of Approval; a copy of your filed I-140 petition; a copy of Notice of Receipt of the I-140 petition; a copy of your valid passport; any criminal history records; a copy of your birth certificate; a copy of your marriage certificate; copies of birth certificates of your children and spouse. After your fees and supporting documentation are received by the National Visa Center, they will send you a packet of forms and instructions to your foreign address. Thereafter, after submission of those forms, the U.S. consulate near your foreign address will send you an appointment letter including instructions for the medical exam, and it will indicate when you must appear at a U.S. consulate for an interview. After the interview, the U.S. consular will review your application, and decide either granting your visa or requesting the USCIS to reconsider your petition. Q: Having an O-1 Visa, How Could I Qualify for EB1 Extraordinary Ability Green Card? A: Many people who qualify for temporary O-1 visas as persons of extraordinary ability may not automatically qualify for the U.S. Permanent Resident in the EB1-Extraordinary Ability (EB-1A) Green Card category, even though the standards are close. It is therefore important to prepare an I-140 petition for a person of extraordinary ability according to the statutory and regulatory guidelines in order to avoid a Request for Evidence: 1) Ensure that all forms are completely filled out; 2) Clearly document in a letter from the petitioner, or from the alien if it is a self petition, how the alien applicant is qualified for this eminent category - EB1-Extraordinary Ability; 3) Ensure that the alien applicant meets at least three of the required criteria. Although meeting three of the ten criteria of EB-1A would not guarantee that the alien will qualify as an individual of extraordinary ability in the arts, sciences, education, business or athletics, if the alien applicant can not satisfy at least three of the EB-1A criteria, it may be wise to consider another green card application category. Q: I am in U.S. with J1 visa, and need to meet the 2 year home country service requirement. I want to to apply for my Green Card in the EB2 National Interest Waiver category. Can I file my EB1 Extraordinary Ability (EB-1A) application now? and try to get my J1 waiver later? A: As a J1 visa holder, you can I file the EB1 Extraordinary Ability (EB-1A) petition now, and then get the J1 waiver later. Since you are subject to the 2 year home country service requirement, you need to receive the J1 waiver before you file Form I-485 to get your Green Card to become U.S. permanent resident. Before filing the Form I-140 based on the EB1 Extraordinary Ability, you do not have to get the J1 waiver approval. Your J1 visa 2 year home country service requirement will prevent you from adjustment status with the USCIS Form I-485 in the United States, but it will not prevent you from filing the EB-1A petition. After you receive an I-140 approval from USCIS before you get the a J-1 waiver, you should wait for the J-1 waiver approval to submit the I-485 application for adjustment of status. Q: As a researcher in a pharmaceutical company with a PhD degree in Biology and in H-1B status for 2 years, I want to apply for U.S. Green Card in EB1 (EB1 Extraordinary Ability, EB1 Outstanding Researcher) or EB2 National Interest Waiver (EB2 NIW) immigration categories, or apply for 2 categories at the same time. It is very difficult for me to get reference letters form U.S. government agencies or some professional societies. Do I have to get reference letters for those applications? and are there any thing more I should know about the reference letters? A: There are many issues to be addressed about reference letters or recommendation letters. First, the reference letters are not required by USCIS. But they can be very useful, and most USCIS examiners for EB1 Extraordinary Ability, EB1 Outstanding Researcher or Professor, or EB2 National Interest Waiver application expect them. Some alien applicants may try to avoid the reference letters or recommendation letters for confidentiality purposes, but for others, they are easy to obtain the reference letters. Some professional societies usually do not provide reference letters of their members. In addition, U.S. government agencies will normally not simply prepare a reference letter if asked. So the request of reference letters or “independent letters” heavily favors applicants with connections at government agencies or in professional societies, which may see as unfair for some applicants. If it is difficult for an applicant to get reference letters or recommendation letters, a more thorough compilation of background materials can offset an absence of reference letters. These materials may include statistics about the area of research, information about professional organizations, awards, journals, etc. Q: I applied the EB1 Extraordinary Ability Green Card application three months ago in the USCIS Texas Service Center. Now, I got a Request for Evidence (RFE) letter, asking for the evidence question of my reviewing articles for a journal. Do you think this is because that the journal is not the highest ranked journal in my field? A: USCIS Service Center often issues the Request for Evidence in EB1 Extraordinary Ability petitions with respect to the criteria of "judging the work of others." USCIS examiners question the alien applicant's work in acting as a reviewer for scientific journals, if the journals at issue were not the highest ranked journals in the field. Under the law, serving as a referee for scholarly, peer reviewed journals meets the "judging the work of others" criteria, even if the journal is not the highest ranked journal. Normally, USCIS examiners may ask for "documentary evidence for selection of judges in panels/referees in journals." The petitioners should get documents from the editors of the journals. If the alien petitioner was asked to review any articles for the journal, he or she can ask a letter as evidence from the editors or associate editors. Additionally, the editors typically send out review decision letters to reviewers that they influenced the decision or outcome of the review. They may say that the decision to publish or not publish was made based on reviewer's recommendation. Such letters would play an important role for the RFE response also. Q: I submitted by EB1 Extraordinary Ability (EA-1A) petition 2 months ago, and then received a Request For Evidence (RFE), which challenges the evidence's "ineligibility" that I provided with very high standard of requirements. What I should do? Please help! A: The alien applicants should be aware that approvals in the EB1 Extraordinary Ability (EA-1A) petitions are difficult to obtain. The legal standard requires showing that the alien applicant has reached the very top of his or her field. The legal standard in the EB1 Extraordinary Ability category is high. While this category was intended to apply to a small group of extraordinary individuals, it was not meant to be unattainable. There are alien applicants who are able to demonstrate their extraordinary abilities in the fields of science, art, education, business, and athletics. It is necessary to establish that this extraordinary ability has been demonstrated by sustained national or international acclaim, and that the achievements have been recognized in the field with extensive documentation. In some EB1 Extraordinary Ability petition cases, additional challenges are applied in this category by USCIS adjudicators, which are going beyond the high standard that is appropriate for the EA-1A category, and creating novel requirements. USCIS adjudicators have wide discretion in adjudicating the EA-1A petition cases, and the complexity of the evidence presented. USCIS adjudicators sometimes apply heightened legal standards for EB1 Extraordinary Ability petitions to support a negative decision, or a Request For Evidence (RFE) In such cases, it can be difficult to challenge the ineligibility finding made by the adjudicators, or provide evidence to reply the Request For Evidence. Therefore, it is necessary to carefully analyze the actual legal criteria, and the application of the criteria by the adjudicator to the often highly complex individual facts. Q: Can I File a U.S. Green Card Application for Myself? A: We know most of the employment-based immigration categories require a U.S. employer to sponsor the foreign workers for their immigration application (U.S. Green Card Application), there are actually a few immigration categories that allow for self-petition if certain requirements can be met by the alien applicants. The employment-based first preference (EB1) immigration category has three subcategories, i.e, EB1 Extraordinary Ability (EB-1A, or EB1-EA), EB1 Outstanding Professor or Researcher (EB-1B, or EB1-OR), and EB1 Multinational Executive or Manager (EB-1C, or EB1c). Only one of these 3 subcategories, EB1 Extraordinary Ability, allows for self-petition. This immigration category is available for alien applicants with extraordinary ability in business, science, art, education, or athletics. The alien applicants who may qualify for the EB1 Extraordinary Ability application are generally those who are recognized as being at the top of their respective fields, and who intend to continue to work in that field in U.S. Another immigration category allowing for self-petition is the EB2 National Interest Waiver (EB2 NIW, or NIW). This immigration category falls within the employment-based, second preference (EB2) immigration category, which is reserved for professionals with advanced degrees and individuals with exceptional ability in the sciences, arts, or business. The EB2 immigration category generally requires a job offer from an U.S. employer, and it also requires a PERM labor certification approved by the U.S. Department of Labor (DOL). The labor certification process is designed to protect U.S. workers. However, U.S. immigration law allows for a waiver of the PERM labor certification requirement in some cases, in which the alien applicant's contributions for United States are at such a level that the U.S. nation's interests can be better served by not having the alien applicants undergo the PERM labor certification process. Q: As a researcher at a U.S. national research lab, I am preparing my Green Card application in the EB1 category. I am considering to claim the "prizes or awards" criterion, but not sure the if my awards, mostly graduate/post-doc level awards, can be considered by USCIS officers for national or international significance. Do you know what are the criteria used by USCIS for this issue? A: To determine whether the alien applicant has received lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor, some of the evidence you may submit to demonstrate that the award is a major, internationally recognized award includes: * The criteria used to grant the award; * The national or international significance of the awards or prizes in the field; * The reputation of the organization or the panel granting the award; * Previous winners of the award who enjoyed international acclaim at the time of receiving the award; * The award attracts competition from internationally recognized individuals in the field; * The number of awardees or prize recipients as well as any limitations on competitors. An award limited to competitors from a single institution, for example, may have little national or international significance If you have received venture capital funding or have been awarded a grant, you may submit evidence of the funding or grant awarded, including the amount of the funding or grant and the criteria used in awarding the funding or grant. Evidence of other investments, such as those from an accredited angel investor, may also be submitted. Q: From a friend, I know that you provide the “Premium Petition Service Program” for EB1 and EB2 NIW petitions. Could you provide a case to help me understand how the Premium Petition Service Program will help us to file the Green Card application. A: We provide the “Premium Petition Service Program” for EB1 and EB2 NIW petitions ( http://www.greencardapply.com/general/premium.htm ). Here, we provide an NIW petition example, in which the alient alpplicant used our Premium Petition Service Program to get National Interest Waive petition approval. The EB2 National Interest Waiver (NIW) pettition enable outstanding aliens to live and work permanently in the United States, sharing their talents and expertise for the benefit of the United States. One of the features of NIW is that it allows for self-petitioning. While the EB2 National Interest Waiver can be filed by an employer, there can be advantages to self-petitioning. In this case, the alien applicant received an NIW petition approval, and he conducts important work in the field of Alzheimer's Disease Research. He has produced groundbreaking research in the areas of progressive neurological disease, brain's inability to function, frontotemporal dementia, and Huntington's disease. As Alzheimer's disease is one of the top killers in the United States, his research is undoubtedly of substantial and intrinsic merit to U.S. As a client of our “Premium Petition Service Program”, we helped him to prepare and provide evidence that this research has been funded by the National Institutes of Health (NIH), which is further proof that his work is of national importance. We also helped the alien applicant to submitte reference letters from hospitals and universities located throughout the United States and the world. The reference letters, including those from several independent experts, state that the alien applicant's past work is indispensable, and his future work would be detrimental to the field and to U.S. The alien applicant is also a member of several field-related organizations, including the American Alzheimer Association, and American Brain Tumor Association. The petitioner has authored 17 publications, including journal articles and conference proceedings. He is first author on 9 articles, and his research has been presented at several international conferences. His research has been cited more than 70 times by other researchers in the field. Q: I am currently working for an NIH Agency under J1 visa, and would like to apply for Green Card under the EB1 Extraordinary Ability (EB-1A) and NIW (National Interest Waiver) categories at the same time. I want to ask my advisor at the agency to write a reference letter for me. Is it true that a NIH employee cannot write reference letter for Green Card application purpose? A: An officer of a U.S. government agency may not write letters of reference or recommendation letter for submission to another U.S. federal agency in support of immigration visa or Green Card applications, on behalf of the U.S. government agency or on the agency's letterhead. But an employee of a U.S. government agency should be able to write his/her own personal letter on plain stationery for an alien applicant's performance and achievement. Also, An employee of a U.S. government agency may send the requestor copies of any performance evaluations ("form of evaluation") which was previously prepared describing the person's relative skills, performance, development, etc., or copies of any letters of reference that previously wrote to evaluate his/her suitability for a job at another institution. Furthermore, an official letter may be written by a high level official of the agency (Director or above) as part of the official agency sponsorship for a candidate's employment. Q: I am a pharmaceutical researcher, and I have several publications with hight number of citations. Can I file EB1 (EB1 Extraordinary Ability or EB1 Outstanding Professor and Researchers) and EB2 NIW at the same time, to increase my approval chance? A: EB1 Extraordinary Ability (EB-1A) and National Interest Waiver (NIW) are in the "special categories" of green card petitions. We have successfully helped a great many people in the EB1 Extraordinary Ability, EB1 Outstanding Professor and Researchers (EB-1B), EB1 Multinational Executive or Manager (EB-1C), and National Interest Waiver categories. An alien applicant can actually file in two categories at one time, and may receive approvals in both. This strategy is sometimes used where the alien applicant potentially qualifies in multiple categories, to enhance the likelihood of successful approval. For example, an applicant can receive Form I-140 petition approvals in both the EB1 Extraordinary Ability and EB2 National Interest Waiver categories. It is necessary to demonstrate and argue an applicant's qualifications in those areas that are relevant to the particular special category. These employment-based categories can potentially provide faster routes to complete the green card process for those who are eligible. For example, an researcher had a record of conducting groundbreaking research in the field of Biomedical Sciences, specifically in the area of DNA research. He filed in both the EB1 Extraordinary Ability and EB2 National Interest Waiver categories at the same time, and got both approvals. The evidence was presented that he had resulted in advancements of significant benefit to research on cancer; viral infections, such as AIDS/HIV; diabetes; bacterial diseases, such as leprosy, tuberculosis, and pneumonia; and antibiotic resistance. The supporting letters testified to the fact that this DNA research was considered vital for the development of targets for drugs and vaccines, as well as novel strategies to rectify glitches in DNA and cure diseases. In addition to improving the health of U.S. citizens, it is argued that his research work also benefits the U.S. environment, economy, and national security, as evidenced by its funding and support through the National Institutes of Health (NIH) and the U.S. Department of State (DOS). Q: Can I Self-Petition for U.S. Green Card while Outside the United States? A: In two immigrant classifications, the foreign applicants are not required to have a U.S. job offer, and may self-petition for U.S. Green Card - the foreign applicants do not need an U.S. employer to sponsor them. These two categories are: 1) Individuals of extraordinary ability in the sciences, arts, education, business or athletics, (E11 or EB-1A) 2) Individuals who were granted a National Interest Waiver (E21, or EB2 NIW) Individuals of extraordinary ability are considered to be the best in their field, and the EB1 Extraordinary Ability is an eligibility category that applies to very few individuals. Examples of who may be considered an E11 or EB-1A immigrant include those who have achieved great successes in their field. If you are living outside the United States, you can become a U.S. permanent resident by first submit Form I-140 application, then go through consular processing. The consular processing is when U.S. Citizenship and Immigration Services (USCIS) works with the U.S. Department of State to issue an immigrant visa on an approved Form I-140 (Immigrant Petition for Alien Worker). Q: I will file both EB-1A and EB-1B Green Card application at the some time soon to increase my approval change. What is the EB-1 processing time. A: The EB-1 is the most prestigious employment-based U.S. green card application category. Its main advantage lies in the fact that the waiting time is usually much shorter than that of other green card application categories. The first preference category is broken down into three subcategories: EB-1A for foreign nationals who can demonstrate that they have extraordinary ability; EB-1B for outstanding researchers and professors; and EB-1C for multinational executives and managers. The processing time for all three of these subcategories is not the same. Based on the alien's eligibility, the approval process time may take more or less time. The processing time to obtain an EB-1 Green Card typically depends on the applicant’s ability to complete the required documentation accurately. The error in an application may extend EB-1 processing time. The processing time also depends on how quickly the USCIS is able to process the applicantion. The following is an outline of EB-1 processing times: * Filing times vary based on whether the applicant shall be filing regular application, or whether the applicant will be requesting premium processing. * On average, the Nebraska Service Center (NSC) and the Texas Service Center (TSC) have similar processing times; however, the NSC is known for delayed processing times. Unfortunately, applicants cannot choose service centers as USCIS has predetermined processing locations dependent on the applicant’s intended state of employment and the jurisdiction of the service centers. * The USCIS reports the most current EB-1 processing times. Generally, the USCIS processing time for the EB-1 immigrant visa is about 4-6 months. Once the EB-1 has been approved, the USCIS may take about 3-5 months to issue permanent residence (Green Card). * The processing time is only available if the EB-1 category is current. Applicants can check category status at the DOS Visa Bulletin. If the EB-1 category is not current, there will be an extended amount of time to receive approval. * If the applicant incurs any delays with applications or misfiling, the process time will be prolonged. USCIS Case status checks are available online, which provides applicants a better determinant for case-specific processing. Q: What is the final merits determination for USCIS to evaluate an EB-1A petition? A: The U.S. Court of Appeals for the Ninth Circuit issued a decision for Mr. Kazarian's EB1 Extraordinary Ability (EB-1A) petition, concluding that USCIS should reserve any evaluation of the record evidence that otherwise meets the plain language requirements of the regulatory criteria for a separate and subsequent "final merits determination." The two-step review articulated in Kazarian case provides a reasonable interpretation and application of the existing regulatory standard. To promote consistency, USCIS has adopted the two-step review process for cases arising both within and outside the jurisdiction of the Ninth Circuit. Thus, the proper procedure for evaluating an EB1 Extraordinary Ability visa petition is twofold. First, USCIS will analyze the record and count the number of evidentiary criteria met, without imposing novel substantive or evidentiary requirements beyond those set forth by regulation. Second, if the petitioner submits evidence that meets at least three of the criteria, USCIS will then review the record in its totality in a final merits determination to determine if the alien is one of that small percentage of individuals who have risen to the very top of their field, has sustained national or international acclaim, and that his or her achievements have been recognized by others in the field of expertise. At the second step, USCIS will consider not only the quantum of evidence, but also its quality, including relevance, probative value, and credibility. If the record establishes that it is more likely than not that the individual has sustained national or international acclaim and recognition in the field of expertise, and is one of that small percentage who has risen to the very top of their field of endeavor, then the petitioner has met his or her burden of proof. Q: I am preparing the petition in the category of EB1-Extraordinary Ability. What kind of comments and description that I should put into the Part Two for my accomplishments "in total"? and what are the major consideration for reference letters? A: You should set up your EB1-Extraordinary Ability petition in two parts. Part One should be reserved for a discussion of the submitted evidence under the EB1-Extraordinary Ability regulatory criteria; Part Two should be reserved for a review of your evidence “in its entirety”. Part Two is where it might be helpful to put in anything that would not be considered sufficient to prove a specific EB-1A criterion, but “in total” show up your achievements to the best advantage. For example, even through travel awards are generally not considered major prizes, the fact that you won several of those awards to attend major conferences gives a full and more accurate picture of your accomplishments. For reference letters, youn should focus on independent and objective experts in the field who know of your work primarily through reputation, and make sure that the reference letters address how each of your accomplishments meet each individual EB-1A criterion, as well as how the evidence in its entirety demonstrates that you have achieved national or international acclaim, and are one of the very few who have risen to the top of the field. Q: In the U.S. Department of State’s monthly visa bulletin, how to understand the "Date For Filing" and "Final Action Date"? A: To provide those who are stuck in immigrant visa quota backlog with the benefits of a pending adjustment, and to reduce waiting time where possible, U.S. Department of State’s monthly visa bulletin provides "Date For Filing" and "Final Action Date" Previously, the monthly visa bulletin has served to update one date for each category of permanent residence applicant - the priority date cutoff. This one date determined whether you were eligible to submit your permanent residence application, and whether it was expected that there would be a visa number available, allowing your application to be approved. Now, the “Date for Filing” determines whether or not you can submit the final immigrant visa application, and the “Final Action Date” indicates whether or not it is expected that an immigrant visa number will be available. In many cases, the Date for Filing will be well before the Final Action Date, meaning that the alien applicants will be eligible to submit an application for permanent residence well before it is even possible for the government to approve that application. Therefore, those stuck in a backlog can get benefits of a pending adjustment - apply for a combined EAD/AP card, which provides employment and travel authorization. Immigrants holding an EAD can work for any U.S. employer, which provides significantly more security and flexibility than the employer-specific H-1B petitions that serve as the basis for many immigrant’s employment authorization. For family-based applicants, the EAD may be their first-ever work authorization in the U.S., so getting that earlier is a great benefit. Also, earlier filing of the final application means that employment-based permanent residence applicants will be eligible for AC21 portability earlier, meaning they can change employers, under certain circumstances, without being forced to re-start their permanent residence application from the beginning. Q: How to meet the EB-1A requirement of major internationally recognized prize or award? A: USCIS has indicated that a major, international prize is an award such as Nobel Prize. USCIS also indicated that f one-time awards which enjoy truly international recognition may include the Pulitzer Prize, the Academy Award, and the Olympic Gold Medal. USCIS concluded that these prizes were household names recognized immediately even among the general public as being the highest possible honors in the respective fields. Although evidence of receipt of lesser nationally or internationally recognized prizes or awards is a lower standard than evidence of a major internationally recognized prize, the EB1 Extraordinary Ability (EB-1A) petitioner still has the burden to submit substantial evidence proving the prizes or awards are nationally or internationally recognized ones. With regard to the receipt of lesser nationally or internationally recognized prizes or awards, evidence should be submitted regarding the number of person nominated, a description of the prize or award and whether it is for team work or an individual performance. USCIS has made the following rulings concerning this evidence requirement: * Academic scholarships or grants do not suffice; * Evidence should be submitted regarding how many individuals were nominated for an award or prize and the criteria for eligibility; * A team award is less valuable than individual award; and * Local awards do not suffice. Q: What Are the Major Advantages of EB-1A Immigrant Classification? and how could you help my EB-1A petition? A: A job offer is not required under the EB1 Extraordinary Ability category, and the foreign national does not need an employer sponsor to file the EB-1A petition. The burden of proof in EB-1A petition rests solely with the petitioner. The petitioner has to provide substantial evidence of the three out of ten regulatory criteria that the alien is attempting to satisfy, or evidence of a one-time major prize. If a beneficiary is qualified, the probability of success depends largely on the way the case is presented. The major advantages of EB-1A classification are: * no labor certification is required. * no job offer or permanent job position is required. * the self-petition is allowed. * the EB-1A immigrant visa are current for most countries. We provide Complete Do-It-Yourself Package for EB-1A green card application, which includes all knowledge you need and step-by-step procedures of EB-1A application, and it has helped many people get their green cards, and it will definitely help your EB-1A application also. Please visit http://www.greencardapply.com/ea.htm and http://www.greencardapply.com/ea/eb1a-package.htm for more information about EB-1A application. Q: I Have a PhD Degree, Will It Help My Green Card Application? A: If you are a PhD, PhD student, or a Postdoc, you can apply for a U.S. Green Card on your own, even without an U.S. employer sponsorship. If you are a PhD, PhD student, Post doc, researchers or professors with a PhD degree, our website and Complete-Do-It-Yourself packages can help you get a U.S. Green Card, even without an employer sponsorship or a lawyer's help. Our website and Complete-Do-It-Yourself packages have helped many PhD, PhD student, and Post doc for their Green Card petition, and successfully obtained their Green Cards in the U.S. immigration categories of EB-1A Extraordinary Ability, EB-1B Outstanding Researcher and Professor, and EB2-NIW National Interest Wavier. Many requirements for the EB-1A Extraordinary Ability, EB-1B Outstanding Researcher and Professor, and EB2 NIW National Interest Wavier can be met with the PhD study and PhD research projects and publications. Also, many PhD, PhD student, Post doc, or a researchers/professors with a PhD degree have exclusive memberships, scholarly published articles, and acting as a judge for other's work which will help their U.S. Green Card application. Q: How to Response the RFE Request for Judging the Work of Others? A: The USCIS may send an Request For Evidence (RFE) notice to the EB-1A petitioner if the evidence only shows an invitation to judge the work of others, because USCIS needs the evidence that the EB-1A beneficiary actually judged the work of others. It is important that the EB-1A beneficiary provides evidence supporting the field of endeavor and demonstrating that the contributions to the field are of major importance. An Request For Evidence may be issued by USCIS if an EB-1A beneficiary has judged the work of others that appear to be in a field unrelated to the beneficiary’s field of expertise. After the EB1 extraordinary ability petitioner receives the RFE notice for judging of the work of others , the petitioner should submit evidence, such as information about the editorial board that they serve on, or emails or letters that signify that the beneficiary has reviewed manuscripts for prestigious journals. Q: I am work on my immigration petition. I can get some reference letters, but it is difficult for me to get independent reference letters. What can I do. A: For EB1-Extraordinary Ability (EB-1A), EB1-Outstanding Researcher & Professor (EB-1B), and National Interest Waiver (EB2 NIW) immigrant petitions, the independent reference letters (or recommendation letters) are preferred by the USCIS Immigration Officers. But this kind of "inner circle" bias can be overcome by other documentation in a petition. For example, petitioners can submit articles they have published in noteworthy trade publications. Also, petitioners can show that their work has been cited nationally or internationally. Additionally, the fact that all the referees in a given petition are personally acquainted with the petitioner can be overcome by the notability of the referees. For example, some referees were researchers at world's leading medical research institutions. For some pettitioners who are not able to solicit independent recommendation letters for their petitions, the alien applicants can obtain favorable manuscripts from the peer review process. Most scholarly journals put all articles through a peer review process before publication. Many of these journals maintain manuscripts from the peer review process. Peer review manuscripts represent the opinions of unbiased, anonymous observers of the author's research. If they comment favorably on the author's work, they are convincing evidence of the petitioner's accomplishments. In many cases, the USCIS immigration officers can be persuaded by peer review manuscripts. Q: I received Request for Evidence (RFE) from USCIS for my green card application. How to handle the obstacle in the green card process? A: Noone looks forward to getting a Request for Evidence (RFE) from U.S. Citizenship and Immigration Services (USCIS). RFEs come without warning and usually give the recipient an unpleasant feeling. An RFE is a written request for more information and documentation that USCIS mails out, if they believe that they do not yet have enough evidence to approve or deny a given application. USCIS officers have clear guidance on how to review an application for a green card and other immigration applications. The USCIS Policy Manual, in addition to outlining general eligibility requirements, has charts and checklists that officers can use while reviewing applications. These guidance materials define the situations where issuing an RFE is appropriate. You should know that an RFE generally is not written from scratch. There are RFE templates that give USCIS officers a starting point, then they can customize these templates to request more information and documents for individual applications. Typically, an RFE will have an introductory paragraph or two about the original application. The introduction will state the type of application, the date that USCIS received it, and which office is currently processing it. USCIS does not follow the mailbox rule, which means that the date you received your response in the mailbox does not matter. You must make sure that USCIS receives your response by the deadline stated in the RFE. Overall, while RFEs can be scary, they are also your last best chance to provide the evidence that USCIS needs to hopefully approve your application. Please visit http://www.greencardapply.com/rfe.htm and http://www.greencardapply.com/rfe/rfe_package.htm to learn more about the RFE, and how to response it. Q: My Form I-140 petition based on the PERM Labor Certification has been approved, but I need to wait long time to file Form I-485 petition to get my Green Card, due to the immigration visa availability. Can I file Form I-140 in another category, such as in EB2 NIW - National Interest Waiver, or in EB1-Extraordinary Ability, but also keeo my I-140 Priority Date? A: If a beneficiary's Form I-140 petition was approved, then beneficiary's second or third Form I-140 petition in difference preference category, such as EB1-Extraordinary Ability, EB1 Outstanding Researcher or Professor, EB1 Multinational executive or manager, or EB2 NIW (National Interest Waiver), may retain the priority date of the approved first petition for any subsequently filed second or third category employment-based petition. The priority date of Form I-140 petition that requires a PERM Labor Certification is the date the underlying labor certification was officially acknowledged as received by the Department of Labor. The priority date of Form I-140 petition that does not need a Labor Certification, such as EB1 and EB2 NIW petition, is the date the Form I-140 was filed with the U.S. Citizenship and Immigration Services. In order to apply for permanent resident status, the priority date of the beneficiary's approved Form I-140 petition must be current under the visa bulletin published by the U.S. Department of State. Depending on the petition's preference category and the beneficiary's country of chargeability, the beneficiary may sometimes have to wait years for the Form I-140 priority date to become current and therefore, a retained priority date for a subsequently filed Form I-140 petition may significantly reduce the waiting time in applying for an employment-based green card. Priority date retention is particularly advantageous to a beneficiary of an approved I-140 petition who intends to move to a new sponsoring employer as it may speed up the immigration process. The rule also benefits Form I-140 beneficiary in a retrogressed category who, through the passage of time, no longer has an open job offer from the original I-140 petitioner by the time the priority date becomes current, but subsequently obtains a new I-140 sponsor. Q: I am in the process of preparing the EB1 Extraordinary Ability application with the help of your excellent EB-1A DIY package. I am a manager of the company, can I claim the EB1 criterion of "Leading or Critical Role in Distinguished Organizations"? A: For the EB1 Extraordinary Ability criterion of "leading or critical role in distinguished organizations", it is best to separate this criterion into its two separate components: 1) Identify any organizations with which you are associated - Are they famous organizations? Can you provide evidence of the work they do and their mission? Does there website describe their annual revenue, past achievements or highly reputable members/employees? Collect evidence that could help prove that the organization has a "distinguished" reputation. 2) Identify your role with these organizations - Do you have a leadership role in the organizations? What is your title for the organizations? Even if you do not have a leading role, are you critical to the organization's success? Do you provide expert advice? Do you raise funds? Therefore, there are numerous ways to meet the requirements for this category of "leading or critical role in distinguished organizations". Q: I have filed my EB1 based Form I-140 petition. What is the procedure for me to get my Green Card after the petition is approved if I am outside of the U.S.? A: Consular processing is a means through which you may apply for an immigrant visa after your EB1 based Form I-140 petition is approved at a U.S. consulate overseas. If your petition is approved and you are not already in the U.S., the USCIS will send your approved petition to the Department of State National Visa Center. The National Visa Center will send you a notice of receipt. When visa numbers are available or about to become available for your classification, the National Visa Center will send you another notice indicating when you should submit immigrant visa processing fees and supporting documentation. Supporting documentation may include the original Notice of Approval; a copy of your filed Form I-140 petition; Notice of Receipt; a valid passport; criminal history, police, military, or prison records; birth certificate; marriage certificate; and birth certificates of children. When fees and supporting documentation have been received, the National Visa Center will send you a packet of forms and instructions. Upon submission of those forms, the National Visa Center will send you an appointment letter including instructions for the medical exam and indicating when you must appear at a designated U.S. consulate for an interview. After the interview, the consular office will review your application and either grant your visa or request the USCIS to reconsider or revoke your petition. Q: I just received my PhD in United States, but has no job offer at this time. Am I eligible for EB1 Extraordinary Ability petition as a self-petitioner? A: An EB1 Extraordinary Ability petition filed by yourself does not need to be supported by a job offer. Therefore, you can file the EB-1A petition as a self-petitioner. You should demonstrate that you intend to continue work in the area of your extraordinary ability, and that you should substantially benefit the United States in the future. Any person has extraordinary ability in the sciences, arts, education, business, or athletics, which has been demonstrated by sustained national or international acclaim, and whose achievements have been recognized in the field through extensive documentation, can file the EB1 Extraordinary Ability petition as a self-petitioner, with the following two criteria: 1) The person seeks to enter the United States to continue work in the area of extraordinary ability. 2) The person's entry into the United States will substantially benefit the United States in the future. When seeking classification as a person of EB1 Extraordinary Ability, you need to file an Immigrant Petition for Alien Workers (Form I-140), with evidence demonstrating that you are eligible. Q: I am preparing to apply for the EB1 Extraordinary Ability. I was in a Ph.D. dissertation committee severall times before, do you think I could meet the EB-1A criterion of "participation, either individually or on a panel, as a judge of the work of others "? A: As a EB1 Extraordinary Ability criterion: "the person's participation, either individually or on a panel, as a judge of the work of others in the same or an allied field of specialization for which classification is sought." USCIS adjudicator will determine whether the person has acted as the judge of the work of others in the same or an allied field of specialization. The petitioner must show that the person has not only been invited to judge the work of others, but also that the person actually participated in the judging of the work of others in the same or allied field of specialization. For example: 1) Peer reviewing for a scholarly journal, as evidenced by a request from the journal to the person to do the review, accompanied by proof that the review was actually completed. 2) Serving as a member of a Ph.D. dissertation committee that makes the final judgment as to whether a candidate's body of work satisfies the requirements for a doctoral degree, as evidenced by departmental records. Q: I received the Request For Evidence notice for my petition of EB1 Extraordinary Ability, in which USCIS asked for more evidence of the criteria of "Published material about the person in professional or major trade publications." It looks like that the USCIS officer does not accept the submitted evidence of my employer's publication about the company's business as "professional or major trade publication". Please help me for the understanding of the RFE, and what could I do for it? A: For the EB1 Extraordinary Ability criteria of published material about the person in professional or major trade publications, USCIS will determine whether the published material was related to the person and the person's specific work in the field for which classification is sought, and the provided evidence should include the title, date, and author of the material, and any necessary translation. The published material should be about the alien beneficiary, relating to his or her work in the field, not just about the employer or another organization that the alien beneficiary is associated with. Marketing materials created for the purpose of selling the products or promoting the employer's services are not generally considered to be published material about the alien beneficiary. Also, USCIS will determine whether the publication qualifies as a professional publication, major trade publication, or major media publication. Thus, the published material should not be employer's promotion publication for its product selling. Evidence of published material in professional or major trade publications or in other major media publications about the alien beneficiary should establish that the circulation, online or in print, is high compared to other circulation statistics, and show who the intended audience is, as well as the title, date, and author of the material. Q: I filed my Form I-140 immigrant petition abou 2 months ago, now my job location has moved because of the business requirement. Do I need to file an amended petition to USCIS because of the job location change? A: Not every change to the Form I-140 petitioner’s name or, in certain cases, the location where the beneficiary is to be employed requires a new or amended petition. Specifically, the petitioner does not need to file a new or amended Form I-140 Immigrant Petition for Alien Workers due to: 1) A legal change in the name of the petitioner, including a petitioner’s business name, if the ownership and legal business structure of the petitioner remains the same; or 2) A new job location, if the new business location and job are within the same metropolitan statistical area of intended employment stated on the permanent labor certification. After the Form I-140 approval, when the beneficiary files a Form I-485 Application to Register Permanent Residence or Adjust Status with USCIS or applies for an immigrant visa with the U.S. Department of State, the beneficiary may need to document that the petitioner is the same petitioner that filed the petition or that the job opportunity is still located in the area of intended employment specified on the permanent labor certification. Q: As a F-1 student, can I change the non-immigrant intent and apply for U.S. Green Card? A: U.S. immigration law does not bar F-1 status holders from wanting to change their intent once they arrive in the U.S and have resided for a period of time. The USCIS form I-140 and I-485 serves as a legal conduit that allows non-immigrants to change their status to legal U.S. permanent residents or Green Card. While F-1 status holders are not prohibited from wanting to pursue a change of intent from non-immigrant to immigrant, there are certain issues that arise when a F-1 student decides to do so. One of the most prevalent issues related to a change of intent is USCIS’ notion of preconceived intent or visa fraud. As a general rule, a person cannot have preconceived intent to enter the U.S. for a purpose different from that permitted under the F-1 visa. To change your status from an F-1 student visa to a U.S. Green Card, you may self-petition for an EB-1A or EB2 NIW Green Card, receive the sponsorship of your employer, adjust your status to a dual-intent visa such as H-1B, L1 or O1 visa, become an investor, or marry your love one who happens to be a U.S. citizen or a lawful U.S. permanent resident. Some people are eligible to apply for an EB-1A or EB2 NIW Green Card after completing a course of study in the United States. EB-1A visas is available to people with extraordinary abilities in the arts, sciences, education, business or athletics, may be a way for you to gain lawful permanent residency and, eventually, citizenship in the United States.

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Green Card for Employment-Based Immigrants

ALERT: You should include your Form I-693, Report of Medical Examination and Vaccination Record , with your Form I-485 to save time.

You should include your Form I-693, Report of Medical Examination and Vaccination Record , with your Form I-485 to save time. You are not required to file Form I-693 at the same time you file Form I-485, but filing both forms at the same time may eliminate the need for USCIS to issue a Request for Evidence to obtain your Form I-693. This may also help avoid adjudication delays if we decide that you do not need to be interviewed.

If we sent you a Request for Evidence (RFE) for your Form I-693, please respond as soon as possible so we can finalize a decision on your adjustment of status application.

U.S. immigration law provides aliens with a variety of ways to become lawful permanent residents (get a Green Card) through employment in the United States. These employment-based (EB) “preference immigrant” categories include:

Aliens with extraordinary ability in the sciences, arts, education, business, or athletics;
Outstanding professors and researchers; or
Certain multinational managers and executives.
Second preference (EB-2) – aliens who are members of the professions holding advanced degrees or who have exceptional ability (including requests for national interest waivers).
Third preference (EB-3) – skilled workers, professionals, or other workers.

This page provides specific information for aliens in the United States who want to apply for lawful permanent resident status in the EB-1, EB-2, and EB-3 categories while in the United States. This is called “adjustment of status.” You should also read the Instructions for Form I-485, Application to Register Permanent Residence or Adjust Status (PDF, 868.58 KB) before you apply.

For more information on other types of employment-based immigrants, see our pages on Green Cards for EB-4 special immigrants (for example, religious workers and special immigrant juveniles) and EB-5 immigrant investors .

If you are currently outside the United States , see Consular Processing for information about how to apply for a Green Card as a family preference immigrant.

If you are currently in the United States, in order to be eligible for a Green Card as an EB-1, EB-2, or EB-3 immigrant, you must meet the following requirements:

You properly file Form I-485, Application to Register Permanent Residence or Adjust Status ;
You were inspected and admitted or inspected and paroled into the United States;
You are physically present in the United States at the time you file your Form I-485;
You are eligible to receive an immigrant visa;
An immigrant visa is immediately available to you at the time you file your Form I-485 and at the time USCIS makes a final decision on your application. (For information on visa availability, see Visa Availability and Priority Dates , Adjustment of Status Filing Charts , and the Department of State website to view the Visa Bulletin );
You submit evidence that the new job is in the same or a similar occupational classification as the job in the original Form I-140; and
The Form I-485 you filed based on the Form I-140 remains unadjudicated for 180 days or more; and
None of the applicable bars to adjustment of status apply to you;
You are admissible to the United States for lawful permanent residence or eligible for a waiver of inadmissibility or other form of relief; and
You merit the favorable exercise of USCIS’ discretion .

Inspected and Admitted or Inspected and Paroled

Generally, to be eligible to adjust status, you must be present in the United States after being “inspected and admitted” or “inspected and paroled” by an immigration officer. There are some limited exceptions to this eligibility requirement. For more information on this requirement, see USCIS Policy Manual Volume 7, Adjustment of Status, Part B, Chapter 2, Section A, “Inspected and Admitted” or “Inspected and Paroled” .

Eligibility to Receive an Immigrant Visa

You are eligible to receive an immigrant visa, if you are the beneficiary of:

An approved Form I-140 filed on your behalf;
A pending Form I-140 (that is ultimately approved); or
A Form I-485 filed together with the Form I-140 (and the Form I-140 is ultimately approved).

Depending on how you entered the United States or if you committed a particular act or violation of immigration law, you may be barred from adjusting status. You are ineligible to apply for adjustment of status if one or more bars to adjustment listed in section 245(c) of the Immigration and Nationality Act (INA) apply to you. For more information, please see USCIS Policy Manual Volume 7, Adjustment of Status, Part B, 245(a) Adjustment .

Applying Under INA 245(i) (LIFE Act)

You may be able to adjust status under INA 245(i) even if you are subject to one or more adjustment bars and are therefore ineligible for adjustment of status under INA 245(a) . See the separate Instructions for Form I-485 Supplement A, Adjustment of Status Under Section 245(i) (PDF, 375.63 KB) for more information.

To qualify for a Green Card, you must be admissible to the United States. Reasons why you may be inadmissible are listed in the INA 212(a) and are called grounds of inadmissibility.

In general, USCIS can only approve your Green Card application only if none of the grounds of inadmissibility apply to you.

If you are inadmissible, the law may allow you to apply for a waiver of inadmissibility or other form of relief in your situation. See Form I-601, Application for Waiver of Grounds of Inadmissibility and Form I-212, Application for Permission to Reapply for Admission into the United States after Deportation or Removal . If a waiver or other form of relief is granted, USCIS may approve your application for a Green Card if you are otherwise eligible.

Whether a waiver or other form of relief is available depends on the specific inadmissibility ground(s) that applies to you and the category you are adjusting under. Eligibility requirements for waivers and other forms of relief vary. For information on the grounds of inadmissibility and waivers, please see USCIS Policy Manual Volume 8, Admissibility and Volume 9, Waivers .

If you are currently in the United States, an immigrant visa is immediately available to you as an EB-1, EB-2, or EB-3 immigrant, and you meet certain other requirements, you may file Form I-485, Application to Register Permanent Residence or Adjust Status , to apply for a Green Card without leaving the country. This is called “adjustment of status.” If a visa is immediately available, you may file your Form I-485:

Together (“ concurrently ”) with Form I-140, Immigrant Petition for Alien Worker filed on your behalf;
While the Form I-140 is pending; or
After the Form I-140 is approved (and remains valid).

For information on visa availability, see Visa Availability and Priority Dates , Adjustment of Status Filing Charts , and the Department of State website to view the Visa Bulletin .

As the named Form I-140 beneficiary, you are the applicant of the Form I-485 and supplements. As the applicant, you should submit the following documentation and evidence to apply for a Green Card as an employment-based immigrant who is already in the United States:

Form I-485, Application to Register Permanent Residence or Adjust Status ;
Copy of the Form I-797, Approval or Receipt Notice, for the Form I-140 filed on your behalf (unless you are filing your Form I-485 together with the Form I-140);
Form I-485 Supplement J (unless you are filing your Form I-485 together with the Form I-140 or you are adjusting based on a National Interest Waiver or as an alien of extraordinary ability), to confirm that the job offered to you in Form I-140 remains a bona fide job offer that you intend to accept once your Form I-485 is approved; and
A signed statement confirming you intend to work in the occupational field specified in the Form I-140 if you are a self-petitioner.
Two passport-style photographs;
Copy of your government-issued identity document with photograph;
Copy of your birth certificate;
Copy of your passport page with nonimmigrant visa (if applicable);
Copy of your passport page with admission or parole stamp (issued by a U.S. immigration officer) (if applicable);
Copy of Form I-94, Arrival/Departure Record, or copy of the U.S. Customs and Border Protection (CBP) admission or parole stamp on the travel document (if applicable)

Note: If CBP provided you with an electronic Form I-94 upon your arrival/admission to the United States, you may print out a paper version of the Form I-94 from the CBP website ;

Proof that you have continuously maintained a lawful status since arriving in the U.S. (or that you are exempt under INA 245(k));
Form I-864, Affidavit of Support Under Section 213A of the INA (only if your Form I-140 petition was filed by a relative who is a U.S. citizen or lawful permanent resident, or by a for-profit entity if 5% or more of the ownership interest is held by a relative who is a U.S. citizen or a lawful permanent resident). See Instructions for Form I-864 (PDF, 314.55 KB) for more information.

Note: “Relative” means a U.S. citizen or lawful permanent resident who is your husband, wife, father, mother, son or daughter, or a U.S. citizen who is your brother or sister;

Form I-693, Report of Medical Examination and Vaccination Record (you may submit this form together with Form I-485 or later, such as by mail when we request it or in person at your interview, if any);
Certified police and court records of all criminal charges, arrests, or convictions regardless of final disposition (if applicable);
Form I-601, Application for Waiver of Grounds of Inadmissibility (if applicable);
Form I-212, Application for Permission to Reapply for Admission into the United States After Deportation or Removal (if applicable);
Documentation of past or present J-1 or J-2 nonimmigrant status (if applicable), including proof of compliance with or a waiver of the 2-year foreign residence requirement under INA 212(e) (for more information, see Form I-612, Application for Waiver of the Foreign Residence Requirement );
If you currently hold A, G, or E nonimmigrant status, include Form I-508, Request for Waiver of Rights, Privileges, Exemptions and Immunities ;
Form I-566, Interagency Record of Request – A, G or NATO Dependent Employment Authorization or Change/Adjustment to/from A, G or NATO Status (only if you have A, G, or NATO nonimmigrant status); and
Form I-485 Supplement A, Adjustment of Status Under Section 245(i) (if applicable).

Note: Certain forms, including Form I-485, have a filing fee. You must submit the correct filing fee for each form, unless you are exempt or eligible for a fee waiver. Please see USCIS’ Filing Fees and Fee Schedule for more information.

For more information on applying for adjustment of status, see the Instructions for Form I-485 (PDF, 868.58 KB) . Please also see our page on Tips for Filing Forms with USCIS .

If you are the spouse or unmarried child under 21 years of age of an employment-based principal applicant, you may apply for a Green Card as a derivative applicant. For more information on derivatives and eligibility for adjustment of status, please see USCIS Policy Manual Volume 7, Part A, Chapter 6, Section C, Subsection C - Derivatives .

Eligibility Criteria for Adjustment of Status as Derivative Applicants

In order to be eligible for a Green Card as an employment-based derivative applicant, you must meet the following requirements:

Together with the principal applicant’s Form I-485 (and the principal applicant’s Form I-485 is ultimately approved);
While the principal applicant’s Form I-485 is still pending with USCIS (and the principal applicant’s Form I-485 ultimately approved);
The principal applicant is still a lawful permanent resident, and
You were the principal applicant’s spouse or child at the time USCIS approved the principal applicant’s Form I-485; or
You were the principal applicant’s spouse or child at the time the principal applicant was admitted into the United States.
You are currently the principal applicant’s spouse or child;
An immigrant visa is immediately available to you at the time you file your Form I-485 and at the time USCIS makes a final decision on your application. (For information on visa availability, see Visa Availability and Priority Dates , Adjustment of Status Filing Charts , and the Department of State website to view the Visa Bulletin .)

What to Submit (Derivative Applicants)

If you are a derivative applicant (a spouse or child), you should submit the following evidence to apply for a Green Card under an employment-based immigrant category:

Copy of documentation showing your relationship to the principal applicant, such as a marriage certificate, birth certificate, or adoption decree;
Copy of the Form I-797, Approval or Receipt Notice, for the principal applicant’s Form I-140 (unless you are filing your Form I-485 together with the principal applicant’s Form I‑485);
Copy of the Form I-797, Approval or Receipt Notice, for the principal applicant’s Form I‑485 or a copy of the principal applicant’s Green Card (if not filing together with the principal applicant’s Form I-485);
Copy of Form I-94, Arrival/Departure Record or copy of the U.S. Customs and Border Protection (CBP) admission or parole stamp on the travel document (if applicable)

Note: If CBP provided you with an electronic Form I-94 upon your arrival/admission to the United States, you may print out a paper version of the Form I-94 from the CBP website at www.cbp.gov/I94 ;

Proof that you have continuously maintained a lawful status since arrival in the U.S. (or that you are exempt under INA 245(k));
Copy of Form I-864, Affidavit of Support Under Section 213A of the INA (only if the principal applicant’s Form I-140 petition was filed by a relative who is a U.S. citizen or lawful permanent resident, or by a for-profit entity if 5% or more of the ownership interest is held by a relative who is a U.S. citizen or a lawful permanent resident). See Instructions for Form I-864 (PDF, 314.55 KB) for more information.
Form I-693, Report of Medical Examination and Vaccination Record (you may submit this form together with Form I-485 or later, for example, by mail when we request it or in person at your interview, if any);
Certified police and court records of criminal charges, arrests, or convictions (if applicable);
Form I-212, Application for Permission to Reapply for Admission into the United States After Deportation or Removal (if applicable);

Generally, when you have a pending Form I-485, you may apply for employment authorization by filing Form I-765, Application for Employment Authorization .

You may also apply for an advance parole document by filing a Form I-131, Application for Travel Document . An advance parole document authorizes you to appear at a port-of entry to seek parole into the United States after temporary travel abroad. If you need to leave the United State temporarily while your Form I-485 is pending, please see the Instructions for Application for Travel Document for more information. Generally, if you have a pending Form I-485 and you leave the United States without an advance parole document, you will have abandoned your application.

For further information, see our Employment Authorization and Travel Documents pages.

You may be eligible, using the new mailing address below, to request to transfer the underlying basis of your Form I-485, Application to Register Permanent Residence or Adjust Status , to a different employment-based immigrant category based on another Form I-140, Immigrant Petition for Alien Workers .

USCIS may, in its discretion, grant a transfer request if the following criteria are met:

You have continuously maintained eligibility for adjustment of status;
Your adjustment of status application based on the original Form I-140 is still pending;
You are eligible for the new immigrant category; and
You have a visa immediately available in the new immigrant category.

You must request in writing that USCIS transfer the underlying basis of your pending Form I-485 to another immigrant category.

In certain instances, you should also submit a completed I-485 Supplement J, Confirmation of Bona Fide Job Offer or Request for Job Portability Under INA Section 204(j) with your transfer request. The purpose of the Supplement J is to confirm the validity of the job offered to you in the immigrant petition you want to use as the basis for your transfer request.

If you are requesting to transfer your underlying basis to a previously filed and approved Form I-140, you should submit Supplement J with your transfer request.
If you are requesting to transfer your underlying basis to a Form I-140 that remains pending, you do not need to submit Supplement J.
If a new Form I-140 is being filed on your behalf and you are eligible to concurrently file, you may request to transfer the underlying basis of your pending Form I-485 to this new petition. The petition must be submitted with a signed letter requesting that your pending Form I-485 be transferred to the new petition. It should include a coversheet (preferably highlighted with colored paper) stating “REQUEST FOR TRANSFER OF PENDING FORM I-485 [receipt number] TO ENCLOSED PETITION.” You should include a copy of the Form I-485 receipt notice as well as evidence of eligibility in the new immigrant category. You do not need to submit Supplement J.

USCIS does not provide a written response to transfer requests. However, USCIS will issue receipt notices for the Supplement J.

The written request to transfer the underlying basis should at a minimum contain sufficient information for USCIS to identify the pending Form I-485 and the immigrant petition which you would like to use as the new basis for your application (for example, receipt number or A-Number).

Locations for Submission of Transfer Request

You may submit your written request and completed Supplement J to:

U.S. Postal Service (USPS):

USCIS Attn: Supp J PO Box 660834 Dallas, TX 75266-0834

FedEx, UPS, and DHL deliveries:

USCIS Attn: Supp J (Box 660834) 2501 S. State Hwy. 121 Business Suite 400 Lewisville, TX 75067-8003

Employment-based transfer requests that are not accompanied by a Supplement J should be submitted in writing to the USCIS office with jurisdiction over your pending I-485 application. Applicants may determine the USCIS office with jurisdiction over their application by referring to any receipt or transfer notices they have received, or by reaching out to the USCIS Contact Center at 800-375-5283.
Transfer requests accompanying a newly filed Form I-140 should not be sent to the address above or to the USCIS office with jurisdiction over your application, but instead should be sent to the normal filing location for the Form I-140. Please check the Direct Filing Addresses for Form I-140 page on our website.

If you have already submitted a transfer request to a USCIS office, you should not submit a new request. All requests to transfer the underlying basis already received or that will be received at a USCIS office will be processed as usual by the USCIS office with jurisdiction over your pending Form I-485.

You do not have to submit a new adjustment of status application or filing fee with a request to transfer the underlying basis of your Form I-485 from one petition to another. Submitting a new adjustment of status application is not required to transfer the underlying basis of a pending Form I-485 and will not result in faster adjudication of the benefit request. For more information on transferring the underlying basis of your Form I-485, see the USCIS Policy Manual .

For more information, see the following:

INA 203(b)(1)-(3) – Preference Allocation for Employment-Based Immigrants
INA 212 (a) – Classes of Aliens Ineligible for Visas or Admission
INA 245 – Adjustment of Status of Nonimmigrant to that of a Person Admitted for Permanent Residence
8 CFR 245 - Adjustment of Status to that of a Person Admitted for Permanent Residence
USCIS Policy Manual, Volume 7, Part A, Adjustment of Status Policies and Procedures
USCIS Policy Manual, Volume 7, Part B, 245(a) Adjustment
USCIS Policy Manual Volume 8, Admissibility
USCIS Policy Manual Volume 9, Waivers

Green Card for a PhD or Postdoc

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Citation requirement of EB1A for physics PhD student

What’s the approximate citation requirement for physics students?

For theoretical physics students, when we graduate, our citation usually is below 50, which I think is impossible for EB1A? But for experimental physics PhD student, when we graduate, some of us have citation 100+ and will grow around 100+ per year. I’ve heard the citation requirement is 200-500+, a quite wide range. So I’m not sure what’s the real cases. If it’s not too high, experiment students may just need 2-3 years before they apply for EB1A.

There are no strict or formal requirements for the number of citations. You would use the citation count as an evidence of the merit of your work to the scientific community. The threshold is subjective and it is up to the USCIS officer to decide. Let’s say, 6+ years ago 100 citations was enough and if you had less, you could argue that your field is very narrow, so there are simply not too many people who could cite you. These days, 200-500+ that you mentioned is more common. Don’t forget, this category is for extraordinary abilities, not for average.

Even though graduate students in experimental physics may have more citations, they are usually one of the many coauthors in a paper, so it is harder to ague that their personal contribution was crucial to produce the experimental result. With a shorter list of co-authors, it is easier for a theoretical physicist to argue importance of their contribution, especially because the authors’ names appear in alphabetic order, so you would need to mention this anyway.

I do not know if self-citations are currently filtered out in the review process by the USCIS officers, but you can simply cite all of your papers in conference proceedings and also wait a couple of years to accumulate more citations. If you are active in your field, people will cite you. In the meantime, you are welcome to read our free eBook that will provide additional practical information: https://www.greencardforphd.com/free-ebook

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Graduation Candidates

General graduation information.

University requirements for undergraduates and graduate students are published in the University Catalog . Students are responsible for monitoring their own progress toward degree completion, and for meeting all graduation requirements.

Prior to the beginning of their final semester, students are strongly encouraged to consult their major and minor advisors regarding their academic progress.

Correspondence regarding graduation applications, status, processing and clearance is being sent via e-mail to the ODU student e-mail address. Students are required by University policy to activate, maintain, and regularly check their ODU e-mail accounts so they will receive important administrative correspondence. Letters will be mailed to the permanent address for students whose e-mail is returned or who have no active University e-mail address. Land-based mail is slower than e-mail and may delay processes for students.

Graduation Hold

Students who are graduating at the end of the current term will have a hold that prevents further registration (only). If you need to take courses beyond your expected graduation date to complete your degree requirements, or wish to change your graduation date, you must e-mail [email protected] to notify the University Registrar that you are continuing in your present degree program (provide your NEW GRADUATION TERM), and to request that the hold be lifted.

Otherwise, this hold remains on the student's record until such time as the student is readmitted to a degree-seeking (2nd bachelor's or master's degree) or non-degree status.

If you have been admitted to a new degree program, this hold will be removed.

Transcripts

Final transcripts are not automatically provided to graduates, but must be requested in writing or using our new online transcript request. There is a fee for each official transcript requested. E-mail requests for transcripts are not accepted. See Transcripts (Requesting Transcripts) for more information.

It can take up to 4-6 weeks after the official degree conferral date for the Graduation staff to review and clear all pending graduation candidates .

Students who need the awarded degree to be reflected on the transcript should check the graduation status in LEO Online before requesting a transcript, and if necessary, indicate "hold for degree" on the transcript request to ensure that the transcript is not produced until the awarded degree has been posted to the academic record.

About Registering for Commencement Ceremony

Students must register to participate in the commencement ceremony. Please review the Commencement ceremony information here .

Students are reminded that participation in commencement ceremonies does not confirm that a degree has been conferred.

Eligibility for Graduation

Important: Students whose degree status is "intended" must meet with their advisor to be declared into a degree program (i.e., BA or BS) before applying for graduation. Students can view their degree status in LEO Online (under Student Records --> View General Student Information ).

ONLY STUDENTS ADMITTED AS DEGREE-SEEKING AND DECLARED INTO A MAJOR AND DEGREE PROGRAM MAY APPLY FOR GRADUATION. See Applying for Graduation for more information.

Graduate and undergraduate students must meet all academic and non-academic requirements before they can be certified as graduates of Old Dominion University.

Information on non-academic requirements and the University Writing Proficiency requirement are provided in the sidebar elements at right.

Applying for Graduation

ONLY STUDENTS WHO HAVE BEEN ADMITTED TO THE UNIVERSITY AS DEGREE-SEEKING MAY APPLY FOR GRADUATION. Non-degree students are not eligible to declare a major or apply for graduation.

Undergraduate students who have earned more than 102 academic credits should review the Degree Works evaluation and confirm with the academic advisor that they are on track for graduation.

Recommended Application Deadlines:

Students should apply at least 6 months prior to graduation (see Academic Calendar ) so there is sufficient time to plan for your last semester and make sure all degree requirements are met.

November 30 for candidates completing degree requirements during the Spring semester (May graduation date)
February 28 for candidates completing degree requirements during the Summer session (August graduation date)
June 30 for candidates completing degree requirements during the Fall semester (December graduation date)

Prior to applying for graduation, please review your Degree Works degree evaluation in LEO Online or myODU . Make an appointment with your on-campus or distance learning academic advisor, and your minor advisor, if applicable. (See Academic Advisors for more information.) Have your degree evaluation available for that meeting .

Apply to Graduate, Online!

In order to apply for graduation, undergraduate students must have a minimum of 90 earned hours (senior standing), 15 of which must be institutional (ODU) hours, and a minimum 2.0 GPA. The degree must be declared (not "intended").

Graduate students must have a minimum of 12 earned hours, all of which must be institutional (ODU) hours, and a minimum 3.0 GPA.

If your advisor or graduate program director confirms that you are eligible to apply for graduation and you meet the above criteria , apply online using the application for graduation that is provided in LEO Online or myODU . The Apply to Graduate link is found under the Graduation menu in LEO Online.

Applications are left open past the recommended deadlines to accommodate students who apply late. To be sure your name is included in the Commencement Exercise Program distributed at the ceremony, however, you must apply at least 2 months prior to graduation.

You may apply for graduation and commencement at the same time. If you do not wish to attend commencement, you will still be able to complete the application for graduation only. Once your application is complete, you will receive a confirmation email to your ODU e-mail address.

On the Graduation menu, you can view your graduation application and your graduation status.

Once the degree is certified, but not before the official degree conferral date , the degree status will be changed to "Awarded," usually within 4 weeks after the official degree conferral date.

About Registering for Commencement Ceremonies

Questions about the application for graduation should be addressed to [email protected] with your full name and University ID number.

Academic Advisors

Click for full Directory of Advisors .

Graduation Dates

There are three graduation dates each year: May, August, and December.

Specific graduation dates for a term can be found in the University Catalog and the Academic Calendar published for each semester at the Registrar's web site.

Students should plan to participate in ceremonies as follows:

Students who plan to complete degree requirements by the end of the Spring semester participate in May commencement ceremonies.
Students who plan to complete degree requirements by the end of the Summer session participate in May commencement ceremonies. There is no summer commencement ceremony.
Students who plan to complete degree requirements in the Fall semester participate in December graduation ceremonies.

Submission of Theses and Dissertations

Instructions for submission of theses and dissertations are provided at the Graduate School website .
Graduate students who have applied for graduation must electronically submit their thesis or dissertation to ProQuest according to the schedule published in the academic calendar , for the term (or part of term) in which they are graduating. Missing the deadline may delay graduation. The schedule below provides a general guideline of due dates.

About Commencement

Commencement ceremonies may take place the day before the end of semester degree conferral date; however the official degree conferral date is the same for all graduates and may be different from the date of your commencement ceremony.

Participation in the commencement ceremony does not certify that a student has graduated. The degree is awarded and posted to the student's transcript after all grades are reported to the Office of the University Registrar and posted to the student's record, and all degree requirements have been met. The official graduation date is the end of the semester in which all requirements are completed .

Graduation Checklist

Graduate students.

Before you apply for graduation, review your Degree Works degree evaluation and consult with the Graduate Program Director for your academic program to ensure that all program/degree requirements have been met.

Undergraduate Students

Before you apply for graduation, review your Degree Works degree evaluation in LEO Online and then make sure you have completed the following:

Check General Education requirements : Check the University Catalog to be aware of the General Education requirements and any additional requirements that may apply to your major (some majors may differ or have specific General Education course requirements).
Check Foreign Language requirements : Refer to the University Catalog to be sure you have met the foreign language requirement for the University and for your major/college.
Evaluation of all transfer work : All transfer work must be evaluated by Admissions and posted to the academic record. Courses taken at another school during your last semester may delay your graduation .
Departmental advising : Be sure you have been advised by your major (and minor) chief departmental advisor or distance learning advisor. Be sure your major is declared and your degree does not show as "intended."
Senior Assessment : All graduating seniors must complete the required senior assessment survey during their final semester before graduation. A separate assessment is provided for distance learning students.
Writing Proficiency : All undergraduate students, including those students who are seeking a second baccalaureate degree, must satisfy the University's Writing Proficiency requirement prior to the date of graduation. For information on meeting this requirement, please see the University Requirements section of this website.
If you received an e-mail from the Registrar's Office with instructions about applying for graduation, please respond accordingly.

About Registering for Commencement

You may apply for graduation and commencement at the same time, all through LEO Online. If you do not wish to attend commencement, you will still be able to complete the application for graduation only. Once your application is complete, you will receive a confirmation email.

Students must register to participate in the commencement ceremony. Please review the graduate information here .

Graduation Requirements

University Requirements
Graduate Student Registration Requirements
Frequently Asked Questions

University Registrar

1009 Rollins Hall Norfolk, VA 23529

University Writing Proficiency Requirement

All undergraduate students must satisfy the University Writing Proficiency Requirement before the degree can be awarded.

Graduating Student Assessments

The Senior Assessment and Graduate Assessment can both be accessed via the Graduating Student Assessment page.

Enhance your college career by gaining relevant experience with the skills and knowledge needed for your future career. Discover our experiential learning opportunities.

Picture yourself in the classroom, speak with professors in your major, and meet current students.

From sports games to concerts and lectures, join the ODU community at a variety of campus events.

Graduate College
International Graduate Admission

Contact International Graduate Admissions

nau student academic services building on campus in flagstaff

International graduate program admission

Requirements for international graduate students.

In addition to the admissions requirements for all graduate students, international students must meet additional criteria to be eligible for admission to NAU.

Office of Graduate & Professional Studies requirements Accordion Closed

Applicants must have earned a cumulative grade point average (GPA) of 3.0 out of a 4.0 scale for their bachelor’s degree to be considered for regular admission. Admitted students are expected to have undergraduate educational experiences, including general education studies, that are similar to those required for a baccalaureate at Northern Arizona University.

Applicants who have earned their degree(s) from an international institution must submit official transcripts directly from the university or college. The transcripts must be in the original language of the country accompanied by an English translation. If the degree awarded and the date of award is not on the transcripts, applicants must also include a separate degree certificate document.

Please send transcripts to:

Northern Arizona University Center for International Education

PO Box 5598 523 S Knoles Dr. Flagstaff, AZ 86011-5598

All transcripts become the official property of the university and cannot be returned. Failure to provide complete information may delay your admission decision.

NOTE to all applicants from Nigeria: NAU accepts transcript evaluations from members of the National Association of Credential Evaluation Services (NACES) as part of the evaluation process. However, the result of a transcript evaluation does not guarantee that transfer credits will be awarded. Evaluation Services: NAU SpanTran Application , World Education Services

Having trouble uploading transcripts? Check out our frequently asked questions page.

Degree availability for students with an F-1 or J-1 visa Accordion Closed

Flagstaff Mountain campus: International students may apply to most master’s and doctoral programs at the Flagstaff Mountain Campus, with the exception of the following programs (many of these programs ARE available for online student for international students):

Applied Geospatial Sciences, Master of Science (Flagstaff Mountain)
Early Childhood Education, Master of Education (Flagstaff Mountain)
Educational Leadership – Community College/Higher Education, Master of Education (Flagstaff Mountain)
Educational Leadership – Instructional Leadership, Master of Education (Flagstaff Mountain)
Educational Leadership – Principal K-12, Master of Education (Flagstaff Mountain)
Educational Foundations, Master of Education (Flagstaff Mountain)
Elementary Education- Certification, Master of Education (Flagstaff Mountain)
English – Rhetoric, Writing, and Digital Media Studies, Master of Arts (Flagstaff Mountain)
Graduate – Non-Degree Seeking (Flagstaff Mountain)
Human Relations, Master of Education (Flagstaff Mountain)
Mathematics Education, Master of Science (Flagstaff Mountain)
Occupational Therapy, Doctor of Occupational Therapy
Physician Assistant Studies, Master of Physician Assistant Studies
Public Administration, Master of Public Administration (Flagstaff Mountain)
Social Work, Master of Social Work (Flagstaff Mountain)
Special Education with Certification, Master of Education (Flagstaff Mountain)
Special Education- Early Childhood Special Education with Certification, Master of Education (Flagstaff Mountain)
Special Education- Mild/Moderate Disabilities with Certification, Master of Education (Flagstaff Mountain)
Teaching Science with Certification, Master of Arts in Teaching (Flagstaff Mountain)

Special instructions: Please contact the department prior to applying to the following programs: ESL and Bilingual Education, Master of Education (Flagstaff Mountain)

Please Note: International students may pursue degrees from their home country if delivered completely online. In those circumstances, the student would not need to acquire a visa.

International students may only pursue in-person degree programs on the Flagstaff Mountain or Yuma campuses. In-person Graduate Certificates may only be pursued by international students if paired with a degree program.

English proficiency requirements Accordion Closed

If English is not your native language, you must provide proof of English proficiency from one of the following testing agencies:

Test of English as a Foreign Language (TOEFL) Scores are sent directly to NAU from ETS NAU’s Institutional Code is 4006.
DuoLingo Scores are sent directly to NAU from DuoLingo
International English Language Testing System (IELTS) Please send IELTS scores via email to [email protected] . We will verify your scores. You can also send directly from IELTS to:

Center for International Education- NAU 523 S Knoles Drive PO Box 5598 Flagstaff, AZ 86011

Minimum scores for most programs:

Scores must be sent directly to the Center for International Education from the Testing Institution. Please note that some departments have their own requirements and it is important to reach out to them to ensure they accept the English Proficiency Test that you plan to submit.

Some programs require English proficiency scores that are lower or higher than the Office of Graduate & Professional Studies minimums. Below is a list of programs that have specific proficiency requirements.

Additionally, some programs require specific score minimums in the individual exam sections, that are above the Office of Graduate & Professional Studies requirements, as shown below.

The TOEFL/IELTS may be waived*:

If you are a native speaker of English. Native speakers are considered applicants who are from and have completed a high school or university education at an institution in an English-speaking country.
If you have earned a bachelor’s degree (or higher) from a U.S. university or college.

*Applied Linguistics, PhD and MA TESL applicants must submit official TOEFL/IELTS scores (no more than 2 years old), regardless of where the applicant received their higher education degree. Exemption from these requirements may be requested by contacting the English department.

Program in Intensive English (PIE) Accordion Closed

The Program in Intensive English (PIE) meets the academic needs of NAU international students by providing academic English preparation and support. PIE teaches skills that are essential to successful academic performance at the university. The specific plan for English instruction will be finalized upon arrival at NAU and will include the degree program advisor and the PIE Director.

If an applicant does not meet the TOEFL/IELTS minimum score requirement for a program, they may be admitted to the PIE Program as a non-degree-seeking undergraduate student. Upon successful completion of the PIE program, the TOEFL/IELTS exam must be re-taken and new scores must be re-submitted to the Office of Graduate & Professional Studies.

Immigration and visa information Accordion Closed

The privileges and responsibilities of a foreign national in the United States of America depend on the type of visa held. Therefore, is important to ensure that international graduate students obtain the appropriate visa.

Obtaining an F-1 or J-1 Visa

To obtain a visa, you should present to the nearest United States Consulate in your country the following items:

A Form I-20 (F-1) or a Form DS-2019 (J-1) issued by Northern Arizona University and your admission letter;
A valid passport;
Receipt of the SEVIS fee Form I-901 payment; AND
Proof of financial support, as stated on the Certificate of Eligibility.

It is not advisable to enter the United States on a visitor’s visa and then later request to change this to a student visa. Please note that these requests are usually denied.

Students under H-1B visa status

Prospective students under a H-1B visa are required to provide a copy of their current H-1B visa and official documentation from their employer verifying the academic studies are incidental to their employment. The Office of Graduate & Professional Studies will request this information and provide instructions upon receipt of the student’s application.

Visas for a spouse or child

Your spouse and children may be issued F-2 or J-2 visas at this time, provided you are able to provide evidence of your ability to support dependents. Please be aware that it is illegal for spouses on F-2 visas to work while in the United States. Spouses with J-2 visas may only work with permission from the United States Immigration and Naturalization Service.

Maintaining your visa

United States immigration regulations require that, as the holder of a student visa, you maintain student status by enrolling in an academic program on a full-time basis; this means you must complete a minimum of nine (9) credit units each Fall and Spring semesters, six (6) of which must be in-person on the Flagstaff Mountain campus. Additionally, if you intend to complete your degree over the summer term, you must enroll in a minimum of five (5) credit units, in-person on the Flagstaff Mountain campus. Your department can help you determine eligibility for the summer graduation option.

Cost of Attendance (Flagstaff Campus) Accordion Closed

Estimated costs for Academic Year 2024-25:

Tuition $31,658

Mandatory Student Fees $1,321

Program Fees* $945

Housing $7,301

Meals $5,770

Books/Supplies $900

Mandatory Health Insurance $2,876

*Personal expenses, transportation, and summer costs are not included. $945 in program fees included but costs vary by degree program.

Total $50,771

Upon admittance to a program, international students must verify they have adequate funding available to support educational costs and all other costs associated with their stay in the United States before a visa application is processed. International students must submit one, or a combination of many, of the following documents to verify availability of $50,771 (Flagstaff campus) or $49,575 (Yuma campus):

• Self-support (e.g. submit a current bank statement) • Governmental, Employer, or Academic Institution support: Submit a letter of official financial sponsorship

• Third Party support: submit a completed Financial Guarantee Form . If you bring dependents with you, please submit the Dependent Form and provide an extra USD $6,000 per dependent.

Important Memo for MBA students: MBA Students are charged an additional $7,000 fee for this program. Please ensure that this additional $7,000 is shown on your financial guarantee in addition to the total Estimated Cost of Attendance amount above.

Cost of Attendance – (Yuma Campus) Accordion Closed

Estimated Costs for Academic Year 2024-25:

NAU Yuma Graduate Tuition $30,658

Mandatory Student Fees $495

Program Fees* $1575

Meals $5,770

*Personal expenses, transportation, and summer costs are not included. $1,575 in program fees included but costs vary by degree program

Total $49,575

Health insurance purchasing options Accordion Closed

All international students must purchase NAU student health insurance. Exceptions may be made only for sponsored students who have adequate health insurance provided by the government or a sponsoring agency, or for students whose parents or spouse have health insurance coverage through their employment in the United States. Private policies are not accepted.

NAU has a number of health insurance/healthcare options, including major medical insurance. More information about services is available at Campus Health Services .

Office of Graduate & Professional Studies

Mailing address, social media.

IMAGES

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COMMENTS

Guide to PhD Green Card Via EB-1
These two factors will significantly expedite the process. That said, whether you are self-petitioning or applying through an employer, the EB-1 green card application for Ph.D. holders involves two steps, which are as follows: 1. File the I-140 Immigrant Petition for Alien Workers.
Employment-Based Immigration: First Preference EB-1
Employment-Based Immigration: First Preference EB-1. You may be eligible for an employment-based, first-preference visa if you are a noncitizen of extraordinary ability, are an outstanding professor or researcher, or are a certain multinational executive or manager. Each occupational category has certain requirements that must be met:
USCIS Clarifies Guidance for EB-1 Eligibility Criteria
09/12/2023. U.S. Citizenship and Immigration Services is issuing policy guidance in our Policy Manual to clarify the types of evidence that we may evaluate to determine eligibility for extraordinary ability (E11) and outstanding professor or researcher (E12) EB-1 immigrant visa classifications. The update adds clarifying guidance describing ...
EB1 Eligibility Explained for PhD Students
Detailed Overview of EB1 Eligibility Requirements for PhD Scholars. For PhD scholars eyeing the EB1 visa, a detailed understanding of the eligibility requirements is paramount. The EB1 visa category, particularly the EB1-A and EB1-B, is designed for those who have risen to the very top of their field of endeavor.
Extraordinary Ability (EB1A) and USCIS Criteria
Each of these employment classifications has a slightly different set of requirements. Of particular interest to postdoctoral researchers or PhD's in the EB1 category are the EB1A (extraordinary ability) and EB1-OR (outstanding researcher) classifications. The EB1-OR classification requires an employer sponsorship and a permanent job or a job ...
Fast Track Your Green Card: How a PhD Accelerates Your Immigration
2. A PhD trains you to make original contributions. One of the 6 requirements of EB1-B is for you to provide "Evidence of original scientific or scholarly research contributions in the field." The very essence of a PhD lies in producing original perspectives, methodologies, and impactful insights, often showcased in dissertations and ...
Frequently asked questions
PhD's have an advantage that they have a strong background to satisfy the USCIS requirements in the EB1A or EB2-NIW categories which allows them to self-petition for their green card. The key difference from the employer sponsored categories is that these categories can request an exception from labor certification requirement.
Do I Qualify for EB1?
The EB1(c) subcategory is reserved for multinational managers and executives, and is very similar to the requirements set out for the L1A classification. To qualify, one must have been employed outside the U.S. for at least one year within the past three years as a manger or executive by an organization related to the U.S. company sponsoring ...
EB-1 Outstanding Professors or Researchers
Step 1: Determine EB-1 eligibility. U.S. Citizenship and Immigration Services (USCIS) will approve an EB-1 outstanding professor/researcher petition only if the evidence submitted with the petition supports the contention that the employee is internationally recognized as outstanding in the academic field. Provide documentation showing both the ...
Navigating the EB-1 Green Card Process: A Comprehensive Guide to
The category of Extraordinary Ability (EB1-1) necessitates the substantiation of sustained national or international acclaim within the realms of sciences, arts, education, business, or athletics. To satisfy this criterion, it is incumbent upon the applicant to meet a minimum of three(3) out of the ten (10) specified criteria outlined below.
How to Get a Green Card While Studying for a PhD
At a Glance: PhD students can apply for a green card by meeting certain requirements. The EB-1 category is popular for PhD holders, with options like EB-1A for extraordinary talent and achievements, and EB-1B for professors and outstanding researchers. Eligibility is based on proving significant contributions and useful work in the field.
Green Card Options for PhD Holders
Due to their qualifications and experience, foreign national PhD holders may qualify for green card categories that have relatively faster processing times, like EB-1A, EB-1B, and EB-2 (national interest waiver). These categories of US permanent residency are desirable because they do not require the time-consuming labor certification process.
EB-1 visa
EB-1 visa. The EB-1 (or, colloquially, "Einstein") visa is a preference category for United States employment-based permanent residency. It is intended for "priority workers". Those are foreign nationals who either have "extraordinary abilities", or are "outstanding professors or researchers", and also includes "some executives and managers of ...
FAQs of EB1B Petition
A USCIS memorandum issued in August 2010 now mandates two-step analysis for EB1-A Alien of Extraordinary Ability, EB1-B Outstanding Professors and Researchers and EB-2 Foreign Nationals of Exceptional Ability. Part 1: The adjudicator must determine whether the petition has submitted evidence to meet the criteria for the immigration ...
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中文. 한국어. Immigrant pathways offer opportunities to work in the United States for a range of reasons on a more permanent basis. They provide lawful permanent residence (Green Card), which can eventually lead to U.S. citizenship. The lawful permanent resident process involves two or three steps, depending on the employment-based ...
EB-1 Extraordinary Ability, Outstanding Researchers/Professors
An applicant filing an EB1 alien of extraordinary ability application may self-petition, ... Can a Phd student say in Computer science on a F1 visa from reputed university like Stanford and with good credentials apply for EB1-B visa on completion of his Phd and working in a good research company like (google research) in his OPT without ...
Employment Based Green Card Options: EB-1, EB-2 and EB-3
The EB-2 Employment Based Green Card classification includes: 1. aliens who are members of the professions holding advanced degrees or their equivalent. Advanced degree is a Master's degree or higher or at least a Bachelor's degree with 5 years of progressive experience. 2. and aliens who have exceptional ability in the sciences, arts, or ...
What is EB-1A and How to Apply?
It is a way to obtain a Green Card through employment in the U.S. The EB-1 Visa has three categories: EB1-A: for people with extraordinary abilities. EB1-B: for outstanding professors and researchers. EB1-C: for multinational managers and executives. In this writing, we will explain EB1-A Green Card, its requirements, and application procedures.
5 Best US Visa Options For PhD Holders
J-1 Visa. So far, most of the visa types I've mentioned fit very well if you received a PhD in the United States. If you received your PhD from a country outside the US and you plan on doing academic research, a visa option you may consider is the J-1 visa. The USCIS considers this visa type, an "exchange visitor" program for the purpose ...
EB-1B Attorney
Premium processing fee (optional): $1,440. Affidavit of Support fee: $88. DS-260 fee: $230. Biometrics fee (if applicable): $85. When calculating the cost of your EB-1B green card, you should also factor in any traveling that might be necessary as well as an attorney fee if you decide to retain an EB-1B lawyer.
EB-1A Questions
The employment-based first preference (EB1) immigration category has three subcategories, i.e, EB1 Extraordinary Ability (EB-1A, or EB1-EA), EB1 Outstanding Professor or Researcher (EB-1B, or EB1-OR), and EB1 Multinational Executive or Manager (EB-1C, or EB1c). Only one of these 3 subcategories, EB1 Extraordinary Ability, allows for self-petition.
Green Card for Employment-Based Immigrants
U.S. immigration law provides aliens with a variety of ways to become lawful permanent residents (get a Green Card) through employment in the United States. These employment-based (EB) "preference immigrant" categories include: First preference (EB-1) - priority workers. Aliens with extraordinary ability in the sciences, arts, education ...
Citation requirement of EB1A for physics PhD student
But for experimental physics PhD student, when we graduate, some of us have citation 100+ and will grow around 100+ per year. I've heard the citation requirement is 200-500+, a quite wide range. So I'm not sure what's the real cases. If it's not too high, experiment students may just need 2-3 years before they apply for EB1A.
Graduation Candidates
Graduation Hold. Students who are graduating at the end of the current term will have a hold that prevents further registration (only). If you need to take courses beyond your expected graduation date to complete your degree requirements, or wish to change your graduation date, you must e-mail [email protected] to notify the University Registrar ...
NAU graduate admissions
P.O. Box 4125. Flagstaff, AZ 86011. Contact Form. Applying to grad school is the first step on the path to your next opportunity. The NAU graduate admissions process is simple and hassle-free. Browse information about domestic and international graduate admissions processes, deadlines, and program eligibility.
NAU International Graduate Admission
Office of Graduate & Professional Studies requirements. Applicants must have earned a cumulative grade point average (GPA) of 3.0 out of a 4.0 scale for their bachelor's degree to be considered for regular admission. Admitted students are expected to have undergraduate educational experiences, including general education studies, that are ...

Fast Track Your Green Card: How a PhD Accelerates Your Immigration Process

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2. A PhD trains you to make original contributions

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Navigating the EB-1 Green Card Process: A Comprehensive Guide to Evidentiary Criteria and Comparable Evidence.

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Green Card Options For Professors And Researchers:

A. EB-1 Green Card Option #1: The EB-1.2 For “Outstanding Professors And Researchers”

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C. EB-2 Green Card Option: The EB-2 For Professionals With Advanced Degrees or Persons With Exceptional Ability

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D. The Labor Certification (PERM) And National Interest Waiver

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