Green card for Postdocs / Phds

News Post: USCIS

For whom: Employers hiring new employees (phd’s and postdocs included)

Fact Sheet: E-Verify Strengthening the Employment Eligibility Document Review Process for the Nation’s Employers

• E-Verify is an Internet-based system operated by the Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA) that allows participating employers to electronically verify the employment eligibility of their newly hired employees. U.S. Citizenship and Immigration Services (USCIS) administers the program.

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100,000 Employers Use E-Verify Program

January 8, 2009 - WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) announced today that more than 100,000 employers have signed up to participate in E-Verify, a free, easy to use online system that equips participating employers with the tools to quickly and effectively verify the employment eligibility of newly-hired employees.

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News Post: USCIS

From whom: employers and new employees (including postdocs and phds)

USCIS Delays Rule Changing List of Documents Acceptable to Verify Employment Eligibility
Reopens Public Comment Period for 30 days

WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) announced today it has delayed by 60 days, until April 3, 2009, the implementation of an interim final rule entitled “Documents Acceptable for Employment Eligibility Verification” published in the Federal Register on Dec. 17, 2008. The rule streamlines the Employment Eligibility Verification (Form I-9) process.

The delay will provide DHS with an opportunity for further consideration of the rule and also allows the public additional time to submit comments. A notice announcing the delay was transmitted today to the Federal Register. In addition, USCIS has reopened the public comment period for 30 days, until March 4, 2009.

Employers must complete a Form I-9 for all newly hired employees to verify their identity and authorization to work in the United States. The interim final rule will amend regulations governing the types of acceptable identity and employment authorization documents employees may present to their employers for completion of the Form I-9. Under the interim rule, employers will no longer be able to accept expired documents to verify employment authorization on the Form I-9.

The interim final rule and an informational copy of the revised Form I-9 will continue to be available for public comment at www.regulations.gov.

In general there are three options available through EB1 and EB2. In the EB1 category, significant number of postdocs apply through “extraordinary ability”, EB1A. This category does not require employer sponsorship, meaning that USCIS does not verify that you have a permanent job offer in hand. The other category which is generally of interest to postdocs, because this also does not require employer sponsorship, is called EB2-NIW, national interest wavier category.

The third category which postdocs with permanet job offers can take advantage of EB1-OR, that is EB1 outstanding researcher. The problem is most postdoc jobs are not permanent and universities or companies who hire postdocs are not willing to sponsor the green cards. However, there are exceptions when the institution calls the title as “Research scientist” and treats them as permanent employees.