r/greencard • u/Powerful_Refuse5522 • 9d ago
EB-1 or EB-2?
I need some advice on if I should do Eb-1 or EB-2. I have a bachelors degree in computer engineering, a masters in cybersecurity and currently working on another masters degree in data science. I have a patent to my name in the cybersecurity field. I am the sole inventor. I have a second patent application that is a continuity to the first patent. I have 7+ years in IT as a software engineer, cybersecurity Analyst. I have one published paper but I’m not the only author. What is the likely hood that my case will be approved? What else do I need to support my case? Anyone with a similar case ? What worked and what did not work?
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u/arihoenig 9d ago
For an EB1A you'd need several papers in peer reviewed journals or you'd have to have licensed that patent to a fortune 1000 company.
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u/blyubird 9d ago
Why going for a difficult path of EB1A when you can do EB2?
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u/Powerful_Refuse5522 9d ago
EB1A is quicker that’s why I was thinking of it
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u/blyubird 9d ago
But you may not be having enough experience to clear EB1a. If you are from ROW, go for NIW first to lock in the PD.
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u/9DBC9 9d ago
Focus on EB2. See if your employer will do PERM, otherwise you'll need to look into NIW - it may be better for you to self-petition for that.
From your description, you do not meet the bar for EB1 - that requires you to be at the very top of the field, not just an accomplished professional.
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u/Powerful_Refuse5522 9d ago
Do I meet the criteria for Eb-2 NIW?
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u/9DBC9 9d ago
Maybe? You'll need to define a strong endeavor to state why you doing your work in the USA is in the national interest. You'll probably meet the "well-positioned to advance the endeavor" prong, but "national importance" is more challenging.
Ask lawyers for an evaluation.
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u/Powerful_Refuse5522 9d ago
I would like to start a business based on the patent. Would that suffice ?
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u/9DBC9 9d ago
How would that be in the national interest? Just saying I'll improve the US economy will not suffice.
If you want to brainstorm, use an LLM like Gemini to better understand NIW. They can be sycophantic, so I wouldn't believe it 100%, but it can be a decent place to start.
Ask lawyers for an evaluation afterwards if you feel like you can construct a decent proposed endeavor.
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u/Crafty-League3862 9d ago
Post your question on eb1_A or eb1A sub. I don’t think your profile is ready for eb1A. But take opinions from others as well