sherbert

I was talking to a research scientist here in the US on a J visa the other day who told me she had spoken to an immigration lawyer and was going to begin the process of self petition for a Green Card. She said it would cost her upwards of $7,500 and she couldn't leave the country once the petition process began.

Has anyone here ever self petitioned? And could she and her husband (also in research) really be considered to have exceptional skills?

Just curious

Michael

GeoffM did a EB-1 immigration visa self petition without a lawyer and said it wasn't too hard except for a few RFEs. It took him about 18 months to get approved for the visa (said it could have been quicker) and he's a software developer that is currently self-employed.

For an AOS, they may be able to leave the country and re-enter on the J1 visa but not sure.

Sally Redux

I am not sure of the details but someone we know was let go but still reckoned he'd done this (I thought it had to be tied to a job but apparently not).

I think these kinds of occupations can fall under the National Interest Waiver.

The person doesn't appear to need to be any good if that's what you're asking.

bewildering

Quite common in my University of California campus for post-docs to self petition. I thought you had to be on the H1B visa though? The J1 is a special visa, non-immigrant and occasionally a 2 year home requirement. Indeed there was quite a fuss when my campus introduced the 5-year J visa for post docs, replacing the previous 2-year and 1-year J visas. It prevented some people from applying. But I am not an expert so perhaps it is possible from a J visa?

I have several chinese friends who have gone through the process from the H visa. One close friend had relatively mediocre credentials for an academic but managed it okay. Gathering the evidence is a pain: she got letters from all the 'famous' professors in our field (she wrote them, they signed them), she a couple of publications, and she had done her PhD in the states at a well-known institution. Her file was quite large at the end.

As an aside. I have a another friend who paid a lot of money for a lawyer to do the application. Just this week she just told me that the lawyer had screwed up, and they had to start all over again. I guess hiring a lawyer is no guarantee of success or even competence.

GeoffM

I'm impressed! One RFE though, or one request/response exchange with a few questions if that's what you mean.

Bit more than just a softie though . Bridging the knowledge gap between rail and software which apparently is quite rare.

Only difference here is that I did it outside the US, not from inside. The "upwards of" figure sounds about right.

GeoffM

+1

Sally Redux

Present company excepted

Sally Redux

Good spot, the one I was talking about was on H1b.

Michael

No that's not what I meant. I meant you were too lazy to get off your fat ass and do it quickly.

GeoffM

Ah but only one RFE - you said "a few RFEs"

Michael

I was being polite to give you an excuse as to why it took so long.

S Folinsky

EB-1 immigrants can self-petition. "National Interest Waiver" under the EB-2 is in effect a self-petition. That said, NIW are frowned upon by the minions of the Dark Forces.

bewildering

I googled. Applying for an EB1 on a J-visa is fine. Odd. although you do need a waiver for the 2 year home requirement.

I also found a website from a law firm that describes their EB1(a) clients who were successful. Pretty interesting - the take-home message is that most researchers qualify.

sherbert

All very interesting. When I looked up requirements on the US Govt website, it seemed to imply one needed to be a Nobel prize winner to have a chance at a self petitioned GC (honestly, it actually stated 'Nobel' prize winner' as one of the conditions that may be accepted).

So I'm wondering, applying this to my own situation, would it be worth consulting with a lawyer about a H1b visa holder self petitioning an EB1? Bearing in mind that the H1b visa holder is not actually a researcher, doesn't have a PhD, but does have expert/niche ability in software/networking. Hmmmnmmmm.

Sally Redux

Publications? Recognised experts who will write (sign) a letter of recommendation?

He might need a PhD though. Edit: can't see that as a requirement on the USCIS Site.