EB1 or EB2-NIW

[rusha123]

Hi ,

My name is Rishikesh and my wife is a PhD holder in Microbiology from India. She is currently working as a Post-Doc volunteer in Pharmacy department of a US university. After speaking to her professor he said that that she can apply for EB1 category next year, till when, she is expecting to get 1 first author paper and 4 side-author papers in Cancer research area. Here is her qualification summary

1) One first author paper in national journal
2) One first author paper in international journal
3) 1 National award from India for Best Research Presentation at a National Conference.


Our concern is her background is Microbiology and currently she is working in pharmacy area. So for Applying in EB1 through pharmacy department will her previous papers count?

Please let us know whether she is eligible for EB1 or not? If not we might consider EB2-NIW. Also Could you let us know what is the time difference to obtain an EAD card under EB1 Vs EB2-NIW

Thank You

Rishikesh

[sivanju]

Hi ,

My name is Rishikesh and my wife is a PhD holder in Microbiology from India. She is currently working as a Post-Doc volunteer in Pharmacy department of a US university. After speaking to her professor he said that that she can apply for EB1 category next year, till when, she is expecting to get 1 first author paper and 4 side-author papers in Cancer research area. Here is her qualification summary

1) One first author paper in national journal
2) One first author paper in international journal
3) 1 National award from India for Best Research Presentation at a National Conference.


Our concern is her background is Microbiology and currently she is working in pharmacy area. So for Applying in EB1 through pharmacy department will her previous papers count?

Please let us know whether she is eligible for EB1 or not? If not we might consider EB2-NIW. Also Could you let us know what is the time difference to obtain an EAD card under EB1 Vs EB2-NIW

Thank You

Rishikesh

It might be a good idea to let the University apply through the EB1B category. However she should apply herself through EB-2 NIW. Every case is unique and has to be determined on its merits. As a PhD holder with publications and working in a field with larger National Interest she has good evidence for EB-2 NIW. Later she can go for for EB-1. For this, it might be a good idea to do the following to build up more evidence :
1. Peer review frequently
2. Get more publications and importantly show that the work has been cited by others
3. Get independent recommendation letters (from people that know her only through her work/publication etc)

If your wife is an Indian citizen, born in India, she will be subject to priority cut off dates as per the latest visa bulletin for EB-2. However for EB1 there are no cutoff dates presently.

Remember, all cases are handled very subjectively so consider this only as a guideline. Refer to other posts in this forum, the USCIS website or contact a lawyer for a free evaluation of the case.

[ouafaa]

She can count her previous papers if she defines her field of endeavor carefully, combining her previous expertise and her current employment.