My EB1 was denied in 2007 and I want to re-apply for it. Any comments on my case?
Hi there,
My EB1 application was denied in 2007.
I am thinking of re-applying for it. I have the following credentials and wanted to get opinions on my chances of approval.
(1) Ph.D. in EE
(2) 5 Yrs+ work experience in a R&D Division of the company.
(3) Just promoted to Expert (Senior) Level.
(4) 1 Ph.D. Fellowship award
(5) 1 International Conference paper award
(6) Reviewer for 2 Journals (2 papers) and 2 Conferences (5 papers)
(7) 1 pending US patent
(8) 2 First author International Journal papers (98 citations)
(9) 8 First author International Conference papers (18 citations)
(10) 20 Co-author papers
(11) 3 Co-authored Book Chapters (invited)
(12) 1 Co-authored Article for Encyclopedia (invited)
(13) 3 First Author Article for International Workshops
(14) 8 International Conference and workshop presentations
(15) 4 International Poster presentations
What do you think of my case?
Really appreciate your time and comments!
I think your case is strong. Did you have these credentials when you had applied in 2007? or after that you improved it? but atleast now it looks like a strong case, if you prepare it well.
Hi there,
My EB1 application was denied in 2007.
I am thinking of re-applying for it. I have the following credentials and wanted to get opinions on my chances of approval.
(1) Ph.D. in EE
(2) 5 Yrs+ work experience in a R&D Division of the company.
(3) Just promoted to Expert (Senior) Level.
(4) 1 Ph.D. Fellowship award
(5) 1 International Conference paper award
(6) Reviewer for 2 Journals (2 papers) and 2 Conferences (5 papers)
(7) 1 pending US patent
(8) 2 First author International Journal papers (98 citations)
(9) 8 First author International Conference papers (18 citations)
(10) 20 Co-author papers
(11) 3 Co-authored Book Chapters (invited)
(12) 1 Co-authored Article for Encyclopedia (invited)
(13) 3 First Author Article for International Workshops
(14) 8 International Conference and workshop presentations
(15) 4 International Poster presentations
What do you think of my case?
Really appreciate your time and comments!
Do you intend to apply under EB1-EA or EB1-OR?
In which category did you apply back in 2007, EB1-EA or EB1-OR? Also, what did the denial letter say exactly?
You might want to take a look at a recent USCIS memo regarding adjudication of EB1-EA and EB1-OR applications, http://www.uscis.gov/USCIS/Laws/Memo...6002-005-1.pdf
In some respects, the new policy outlined in this memo makes it harder to get approved in the EB1 categories.
In particular, for satisfying the criterion about having published material written by others about the aliens work, the memo makes it harder to use the citations: "Articles that cite the aliens work as one of multiple footnotes or endnotes, are not generally about the aliens work".
Among the credential you mention, your refereeing experience looks kind of skimpy to me. Item (4) - PhD Fellowship award - will have no weight.
Also, you do not mention anything about reference letters from other experts in the field. Youd certainly need to get those to have a realistic chance for either EB1-EA or EB1-OR.
Thank you for your reply and questions!
I applied for EB1-OR in 2007.
At that time, my profile was:
(1) Ph.D. in EE
(4) 1 Ph.D. Fellowship award
(5) 1 International Conference paper award
(6) Reviewer for 2 Conferences (5 papers)
(8) 2 First author International Journal papers (60 citations)
(9) 7 First author International Conference papers (18 citations)
(10) 18 Co-author papers
(11) 1 Co-authored Book Chapters (invited)
(12) 1 Co-authored Article for Encyclopedia (invited)
(13) 3 First Author Article for International Workshops
(14) 7 International Conference and workshop presentations
(15) 4 International Poster presentations
(16) 7 reference letters:
2 letters (US, IEEE Fellow)
3 letters (Canada, IEEE Fellow)
1 letter (Europe, IEEE Fellow)
1 letter (Mexico, IEEE Fellow)
The denial letter said:
"In conclusion, the initial and additional evidence demonstrates the beneficiary is a competent researcher, but does not establish that the beneficiary is recognized internationally as outstanding in the field"
About Item (4) and (5), the denial letter said:
"This suggests that the beneficiary had some academic recognition as a student, such awards generally do not rise to the level of a major award in the field. The record lacks any evidence to suggest that these academic awards are an exception"
About Item (8) and (9), the denial letter said:
"However, these citations were simply brief references to the beneficiarys work within a larger article discussing the authors own work, and such articles had dozens of other citations. There record does not demonstrate that any of the articles were specifically about either the beneficiary or his work"
Look forward to your comments!