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Posted

I am currently in USA.. I am on OPT and I would like to know if I have any chance of getting an EB visa.. because I have a potential job opportunity lined up as a research analyst in a university but they wont sponsor H1B or anything else.. my degree is a PhD in Education and I am a Canadian citizen

 

I was looking up the 10 point criteria, out of which you have to meet three, and I think I do:

 

Documentation of the alien's membership in associations in the field for which classification is sought, which require outstanding achievements of their members, as judged by recognized national or international experts in their disciplines or fields --- I am a member of the american educational research association, have presented at their conferences and peer reviewed proposals, and only grad students, faculty and professional educators can join and membership is quite pricey

 

Published material about the alien in professional or major trade publications or other major media, relating to the alien's work in the field for which classification is sought. Such evidence shall include the title, date, and author of the material, and any necessary translation --- I have three peer reviewed research papers with my name on them, I have peer reviewed other research journals and I have peer reviewed conference proposals

 

Evidence of the alien's participation, either individually or on a panel, as a judge of the work of others in the same or an allied field of specialization for which classification is sought -- the peer reviews for conferences and journals as mentioned above

 

I think once I have my job sorted out, I can add that criteria too, especially if it can be like "researcher at a university"..

 

Do I have a chance at all or am I just grasping at straws here and should pack up and leave?

Filed: K-1 Visa Country: Wales
Timeline
Posted

Presumably EB2 NIW?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Posted

Many lawyers provide free evaluation of CVs to determine your chances of getting an EB2-NIW. I have used https://www.wegreened.com/ for my EB2-NIW and can highly recommend them.

 

An important factor USCIS considers for EB2-NIW is the number of citations your papers have gotten.

 

Also, please keep in mind that getting your green card through EB2-NIW will take around 1-2 years.

Filed: Timeline
Posted

Like the above poster said, try them (they even have approval or refund applications) or ask another immigration lawyer to look at your CV so as to see your chances and other options. At least this way, you can say that you've done everything you could while you're still in the US. You can just choose consular processing if you don't have a valid work visa anymore.

 

Good luck!

 
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