微软的outside counsel 的律师评估了一下该case,说Eb1b不qualify,建议perm。几个
朋友说该律师有从微软骗钱的嫌疑.
case background:
Position:research scientist in MSFT
field: applied math
publications: 11 peer-review journal papers, many conference presentations.
Thesis published as book.
reviews: 27 reviews for 4 peer-review journals
citations: poor number < 50
awards: several reserach fellowships
industrial projects: many
research experience: more than 3 years after Ph.d graduation
And 该case 曾上过eb1a,publications and reviews 承认了,contribution没过。
下面是该律师对Eb1b的评估:
Thank you for sending your EB-1 questionnaire and documentation. After
careful review, it does not appear that you would be qualified at this time
for an
EB-1 petition under the OR category. In adjudicating OR petitions, the USCIS
looks at the totality of the applicant’s work to determine if he/she has
made original contributions that are significant to his/her specific field
and that have been internationally recognized. In making its decision, USCIS
considers the following types of evidence: (applicant must satisfy 2 of the
prongs)
· Documentation of the beneficiary's major prizes or awards for outstanding
achievement in the academic field;
· Documentation of the beneficiary's membership in associations in the
academic field which require outstanding achievements;
· Published material in professional publications written by others about
the beneficiary's work in the academic field;
· Documentation of the beneficiary's participation, either individually or
on a panel, as the judge of the work of others in the same or an allied
academic field;
· Documentation of the beneficiary's original scientific or scholarly
research contributions to the academic field; or
· Documentation of the beneficiary's authorship of scholarly books or
articles (in scholarly journals with international circulation) in the
academic field.
To give you a point of reference (for an average case), for someone who has
graduated within 1-2 years of their PhD program, he/she is expected to have
a
“minimum” of 15 articles, with a minimum of about 75-100 citations. Also,
you would expect for someone at the top in his/her field to be asked to
review or judge the work of others/participate in conferences at least 10-15
times. For someone who has been working in the industry for a few years,
the expectation is much higher. It is also important to have sustained
achievements.
Based on the above, it does not appear you are eligible for an EB-1B OR
petition at this time. We reviewed your EB-1A denial, and since USCIS also
applies a 2-step approach in evaluating EB-1B (OR) petitions, it is very
likely that USCIS will conclude that you are not eligible.At this time, your
company has authorized for us to proceed with an PERM application for you.
However, if you continue to build upon your resume, we can re-evaluate your
eligibility for an EB-1 at a future date. We would recommend for you to
continue to publish and definitely participate as a Reviewer, Editor or PCM
for various top conferences/journals. In addition, with time, your citation
count can improve.
Let us know if you have any questions. Thank you.