How to satisfy criteria for EB-2/NIW application
Dmitry Skachkov
Theory & Modeling | ? Quantum Physics ? Magnetic Phenomena ? Electrochemistry ? EPR ? NMR ? Schottky Contact ? Nonlinear Optics
National Interest Waiver subcategory of EB-2 application can be used for self-petition. It means that you do not need sponsorship for Green Card application through your job, and you can apply for a Green Card by yourself.
USCIS website describes several criteria for EB-2/NIW application. You need to satisfy at least three criteria out of six. Let us consider how post-doc working in US can satisfy criteria for EB-2/NIW application in order to be approved for Green Card. You can apply this information for Scientist/Engineer/Professor positions too. If you are Ph.D. student, you can consider best moment for application after collecting necessary credentials.
First criteria for EB-2 application:
Official academic record showing that you have
a degree, diploma, certificate, or similar
award from a college, university, school, or
other institution of learning relating to your
area of exceptional ability
This criteria can be satisfied by your Ph.D. diploma.
Next criteria:
Letters from current or former employers documenting
at least 10 years of full-time experience in your
occupation
If you are working on your Ph.D. diploma six years, and you can add here several years of post-doc experience, then you can satisfy this criteria. If not, do not worry and you can skip this criteria since you need formally satisfy at least three criteria out of six.
Next criteria:
A license to practice your profession or certification
for your profession or occupation
This is suitable for some occupations which required to obtain a license.
Next criteria:
Evidence that you have commanded a salary or other
remuneration for services that demonstrates your
exceptional ability
This criteria can be satisfied by providing the certificate from your University/Company/National Laboratory which shows your post-doc position, which has high standard requirements and responsibilities.
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Next criteria:
Membership in a professional association(s)
If you made presentations on conferences, that probably you already have membership in American Scientific Organizations, like American Chemical Society, American Physical Society, and so on.
Next criteria:
Recognition for your achievements and significant
contributions to your industry or field by your
peers, government entities, professional or business
organizations
In order to satisfy this criteria you need to collect several recommendation letters not only from your supervisors or your Professors/Lecturers, but also from independent referees. Who are independent referees and how to find them you can read here. To have several (3-5) recommendation letters from independent referees is very important point for EB-2/NIW application, because independent referee shows the opinion on your scientific work based on your papers only. The opinion of such referees has more weight for an Immigration Officer who will evaluate your case. Because of that you need to find famous persons in your field for recommendation.
Other achievements which can be consider here as recognition: the citations of your papers show recognition of your contribution by other researchers; awards from conferences and from funding agencies also show recognition of your contribution; if you have invitation for conferences to present a talk as invited speaker, this is also your recognition as an expert in your field; your contribution to university service as reviewer of student applications; service in scientific journals as reviewer/editor.
Other comparable evidence of eligibility is also
acceptable.
If your salary as a post-doc is from the National Agency grant, that fact shows National interest for US. Topic of your research is of national interest for US. Your goal to obtain permanent residency in order to continue your research in the United States is of National interest too.
Other factors that USCIS is taking into account:
The proposed endeavor has both substantial merit
and national importance.
You are well positioned to advance the proposed
endeavor.
On balance, it would be beneficial to the United
States to waive the requirements of a job offer,
and thus the labor certification.
You should organize your recommendation letters showing your endeavor to substantial contribution in your field if your Green Card application will be approved.
If you are not sure, which category for Green Card to apply, EB-1 or EB-2, you can watch the recorded webinar by Brian H. Getson, Immigration Attorney, Green Cards for Scientific Researchers: How to win your EB-1/NIW case! (in order to have full access to the webinar, you need to register at MRS web-site)
Useful information from Dr. Andrey Solovyev
Master Mariner FG - Claim surveyor/adjuster
1 年??