EB1A Green Card - Employment-Based Extraordinary Ability Green Card
This information is just based on my research. Attorney will guide you more concrete information.
You must meet three categories out of 10 categories listed in USCIS website.
Normally research scientists meet the following categories.
1. Evidence of your authorship of scholarly articles in professional or major trade publications or other major media
You need to have sufficient publications in peer-reviewed journals. Publications in Pubmed indexed journals will be perfect.
These publications should be evidence to what you described in the summary document as your research expertise which defines as outstanding research scientist.
The number of publications required to fulfill the category is based on your research area. Ex: If you are a nuclear medicine scientist, your five excellent publications (Which invented something or proposed a new method or device) can define you as outstanding scientist. Because very few people work in this research area. If you are a scientist in a research area where many people are experts, you need to have more publications with novel expertise to define you as outstanding scientist.
2. Evidence that you have been asked to judge the work of others, either individually or on a panel
This criteria mainly based on your review of others scientific work.
You have to review research manuscripts submitted to peer-reviewed journals. You need to review as many manuscripts as possible. Evaluation of PhD thesis will be added advantage. If you are an editorial board member of peer-reviewed journals, it will add additional advantage.
3. Evidence of your original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field
You need to provide concrete evidence to show your research had significantly added something to the field of research you have been working.
Ex: A patent was filed on a novel therapeutic you developed for COVID-19 or any other disease.
Ex: A new medication is marketed for treatment of a disease based on your research.
Ex: A device or diagnostic kit is in market based on your research invention.
Ex: Your research paved a way for clinical trials of a new drug or existing drug.
Ex: You invented a novel pathway to treat a disease which had significant impact on that disease diagnosis or treatment.
Ex: Other scientist used your novel signaling pathway or method or reagent or any other thing to develop a diagnostic method/treatment/medical device. Many people explain this category based on citations achieved all along these years for the publications they have.
But USCIS defines this category as major significance to the field. This means you as an outstanding scientist contributed majorly to the field of your research area.
Recently, USCIS officers are looking at your publications which have more citations. Officer is asking to prove significance of your research contributions from those most cited articles. Ex: You have 200 citations for three articles published from your PhD work. You recently published ten more articles and they have a cumulative of 50 citations. USCIS officer want you to prove major significance from your three articles which contributed 200 citations.
Summary
If you are applying green card in EB1A category, You need to check whether your achievements comply all these criteria or not. Attorneys help to organize your letters and summary document through their experience. They don't know what is your research. They also don't know your research area and achievements meet the expectations of USCIS. Do not assume: They will search the web about you to find what more you have achieved. Based on your explanation, summary draft document they will assess. Your research and achievements summary draft will help them to understand your application strength. If your application comply standards based on their experience, then they agree to file your I-140.
You need to be honest. You must write summary document and reference letters clearly with all evidences.
Whatever you write in the document must have a evidence. Without proof, attorney will not accept what you write. Attorney will not allow you to submit reference letters from substandard scientists or people.
You need to work and self evaluate whether you are outstanding research scientist in your area or not.
Don't do this:
Do not claim anything without evidence, This will be a big mistake if you do.
Do not claim many criteria unknowingly unless you are definitely complying those. Check with Attorney twice.
Do not think that USCIS officer won't study what you submitted. USCIS officer will read everything and evaluate the provided evidences validity.
Don't think that because you submitted I-140 in premium process, USCIS officer will be in hurry and approve you.
Don't use to much complex sentences which can't be understood easily.
Don't submit inorganized application. Do not forget to submit proper fees.
Do this:
Organize your application properly. It must be easy to find anything from your file.
Write all the documents in easily understandable language.
Question: I am working with J1 visa with 212(e) rule. Can I submit I-140 application in EB1A category?
Ans: Yes you can submit I-140 application. Your I-140 approval is not based on your J1 visa or 212(e) rule
If you are submitting I-485, You must have J1 visa and 212(e) waiver which is I-612 approval notice. You must not travel after submission of I-485 application if you are with J1 or J2 visa status. You can travel with advance parole if you are with J1 or J2 visa.
If you are working with H1B visa, you only need proof of valid visa. You can travel with H1B visa.
Information in Birth certificate and passport must match perfectly. There must not be any spell errors or any other things.
The United States always welcome Outstanding Scientists.
