Employment Based Greencard

EB1A is a roller coaster experience. I had reservations before applying to this category as it is the topmost and the toughest immigration category (of course the fastest). I consulted a few attorneys who turned out to be discouraging at best. They all were hung up on low citations of my papers and told me to wait before I could get around 100 of those (wait for a year!?). I am glad I didn’t think much of their opinion and took my own advice.

I share this story because my background in combination with my work experience is different than most in my field, and therefore my petition was rather unconventional than most scientists. In sharing this I hope to help those who seek guidance in writing petitions which are not standard run-of-the-mill type EB1s. My case was unique and I had absolutely no guidance from any such forums or otherwise. It took me a solid 2 months to draft a cover letter – which turned out to be a whooping 75 pages. My PP I-140 (TSC) was approved in a month, after one RFE. The RFE was mild (thankfully!). It asked for evidence to show "intent to work in the field of claimed expertise". In response, I submitted a letter from the employer.

I have a PhD in Chemistry (2013) where I worked on drug discovery of antibacterial agents. I also worked as an adjunct faculty/post doc/technology transfer consultant (all together) for one year. Then I joined a law firm as a Scientific Advisor of patents in life sciences (pharmaceuticals focus). Below is a summary of the credentials I highlighted in my petition:

• Novel research contributions in a critical field - discovery of new antibacterial drugs (~100 new compounds, potential drug candidates), highlighted the issue of superbugs, drug resistance, mortality rate, international focus and statements from WHO, NIH, CDC, etc. Some of my compounds are capable of killing drug-resistant bacteria such as MRSA - I emphasized on that.

• 9 research publications (2 first, 3 second and so on) published in reputed journals, 30 citations, Patent applications of my research in US, Europe, China, and Australia.

• 8 reference letters from top scientists (dean, vice president etc.), attorneys (consistently rated as top US lawyers), business consultants, CEOs. 6 national, 2 international, and 3 objective referees.

• Editorial board member of two mid-level international journals.

• Peer-reviewer, ~25 articles for top, mid-level, and average journals. Mostly mid-level.

• Research discussed in media (one of my papers (not primary author) was widely discussed in at least 20 media resources worldwide, including in foreign languages-Korean, Russian etc.)

• Specifically addressed invitations to speak at international conferences (~15), invitations to submit expert opinions, (~15). Included details of all conferences I have spoken at (all other presentations)

• Advisory board chairman of an established non-profit board for STEM.
• Advisor for technology investment in life sciences for a start-up which happens to be doing well.

• Advisory role in the field of patents in pharmaceuticals. Generally highlighted my role in patenting drugs, formulations, chemicals etc., resulting financial/market impact, big name clients etc. Linked patents and IP to economy, and job creation. Provided quotes from USPTO, US gov about the significance/shortage of experts with IP and research experience.

• Highlighted university tech transfer consultant role in licensing of pharmaceutical technologies to companies, and potential for start-up formation etc. Included University recommendations as their representative at international conferences. ex. I was nominated as a VIP representative at Hilary Clinton’s keynote address at a major conference, I included those letters….

All the above were supported by reference letters and objective evidence (where available). All referees emphasized the profile as "extraordinary", " top few", and vouched for my abilities while providing details of my accomplishments in specific projects. The diversity of referees’ expertise, and their emphatic job titles played a big role. I strongly highlighted the titles and leadership of the referees. The cover letter was 75 pages, and discussed all of the above at length.

We claimed the following four criteria (although Eb1A requires three) and thankfully all were accepted in the first-go:
1. Original scientific, scholarly contributions of major significance
2. Leading and critical role in an organization with a distinguished reputation
3. Authored scholarly articles in professional journals and other major media
4. Judge of the work of others in the field of expertise—Editorial board member

From my humble experience, I have a few words of advice. My overall message to folks working in non-traditional scientific careers such as IP, tech transfer, business consultation, and looking to apply for EB1A is to rely on yourself for all the writing, and draft a super convincing cover letter. Realize you are different than other scientists and therefore you need to put in extra effort—and a lot of it. Be concise, clear and credible. Do not overstate. No one can write better than you about yourself. Start afresh, no need to follow other drafts—celebrate your uniqueness. Highlight all necessary points (bold, underline). Have your referees tell your worth. Build the cover letter after you have obtained all reco letters. You can never overstate your capabilities to benefit society at large—do a lot of it. It is important to sound honest while trying to engage the immigration officer with facts and robust evidences. In sum, do not go by an attorney’s evaluation of your case as many of them like to take up standard cases, and show reluctance towards new challenging out-of-the-box ones. If you are one such case, you need to help yourself substantially. Of course, you will need a good attorney for legalese and as an overseer. Captain your boat, you can do it!
I wish everyone good luck. If someone similar to my profile needs help you can write to me here. I will make myself available.
--Ms. A
P.S. –Spread your knowledge. Help others.