Q. How difficult is it to have a EB-1 petition approved? Also, if I have filed an EB-1, when is my priority date?
A: The burden of proof in EB-1 cases rests solely with the petitioner. As with all other immigration petitions, unless you are qualified, there is no chance of approval. If a beneficiary is qualified, then the probability of success depends largely on the way the case is presented. If the evidence is relevant and well presented, and the argument is made persuasively, then the case should be approved routinely.
Your priority date is the date that the USCIS receives your EB-1 petition. Nevertheless, the priority date is irrelevant in most cases, as the EB-1 category has high priority to the USCIS processing centers.
Q. Is EB1-Extraordinary Ability a self-petition case? And how many publications are sufficient to meet EB-1 requirements?
A; Like the National Interest Waiver (NIW), the EB1-EA case is a self-petition case, meaning that an employer does not need to sign the petition form. On the other hand, the EB1-Outstanding Researcher or Outstanding Professor case is employer specific, and the employer must sign the petition form. Due to the second preference quota situation for those from mainland China and India, first preference cases offer some advantages worth considering. For those concerned about NIWs, EB1-Extraordinary Ability and EB1-Outstanding Researcher or Outstanding Professor may be options worth pursuing.
There is no specific minimum publication requirement; rather, it is determined by USCIS on a case-by-case basis.
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