This presentation will be posted on my blog and YouTube once I am done recording the video. I do have a lot to say about EB (all three sub-categories) and NIW (Also all three sub categories). Unless my time gets hijacked by the comprehensive immigration reform, 2013, I should be able to complete these recordings within the next few days.

1. Presentation

2. Outstanding Researchers
and Professors – EB-1
Discussion of the current developments in the immigration laws
and policy

3. The context
• The information on our web site
http://www.immigration.com gives you an overview
of the three categories of EB-1
• See the side navigation panel(s) as well.

4. Preliminary requirements
• Permanent job
• Three years research or teaching experience
• Academic research experience while a student can
only be counted if your thesis/research was hailed as
outstanding.
• Teaching while a student counts only if you had full
responsibility for the course
• Private employers must show three full time
researchers and a distinguished record of research
achievements

5. You must have two out of the
following six
• Receipt of major prizes or awards for outstanding
achievement;
• Membership in associations that require their members to
demonstrate outstanding achievements;
• Published material in professional publications written by
others about the alien's work in the academic field;
• Participation, either on a panel or individually, as a judge of the
work of others in the same or allied academic field;
• Original scientific or scholarly research contributions in the
field; and
• Authorship of scholarly books or articles (in scholarly journals
with international circulation) in the field.

6. Awards
• Receipt of major prizes or awards for outstanding
achievement
• AAO emphasizes “major” and removal of the word
“international” in the final statute
• Students’ awards do not count
• Internal corporate awards probably do not count
• Fellowships PROBABLY do not count

7. Associations
• Membership in associations that require their
members to demonstrate outstanding
achievements
• Dues-paying, ordinary membership is not enough

8. Material written about you
• Published material in professional publications
written by others about the alien's work in the
academic field
• Do citations count?

9. Judging peers
• Participation, either on a panel or individually, as a
judge of the work of others in the same or allied
academic field
• Ordinary refereeing is no big deal
• Large amount of referring may count
• Extraordinary prestige associated with refereeing
may count

10. Original research
• Original scientific or scholarly research
contributions in the field
• “Original” and more
• Patents
• Academic or industry applications

11. Articles and books
• Authorship of scholarly books or articles (in scholarly
journals with international circulation) in the field.
• International
• Impact factor
• Citations, not counting self and team – how about if I
am a new author with few citations?
• Is there a magic number of citations?
• What about a single article in, say, Nature?

12. References
• They count only if:
• The writer knows you by reputation, rather than
personally
• They are specific about your work rather than a
generalized statement

13. What do I do to deepen our
firm’s knowledge
• Read, read, read.
• Trends in EB-1 adjudications
• Exponentially tougher in the last 3-5 years
• AAO disregards even FAM and of course “informal”
opinions
• Success ratio of appeals seems to be less than one
percent

14. Where do you go from here?
• Read these two links on our web site to get a better
idea of things that do work
• Comments from our clients
• Sample cases from our files
• Feel free to have us review your resume (we do not
charge for that)
• Untrained USCIS officers review your case. There is no
predictability.
• Lawyers get paid whether you win or you lose
• No “penalties” in losing a case
• Kazarian and “International Recognition”

15. Presentation

16. Thank you
firm@immigration.com
Presented By: Rajiv S. Khanna
April, 2013