Green card for Postdocs / Phds

Bulletin Source: Department of state

Applies to: Green card applicants

Detailed Bulletin: May 2009

Summary of Visa Bulletin Relevant to EB1A and NIW

1. EB1 is current for all countries
2. EB2 is current for all countries except for India and China. The cutoff dates of India and China have remained the same (February 15, 2004 for India and February 15, 2005 for China).

Sincerely
Green card for Phd Team

Disclaimer:
The contents in this web site are only for your information and are not intended to be legal advice.

Source: USCIS

Applicable to: H1B applicants

WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) today announced an updated number of filings for H-1B petitions for the fiscal year 2010 program.

USCIS has received approximately 44,000 H-1B petitions counting toward the Congressionally-mandated 65,000 cap.  The agency continues to accept petitions subject to the general cap.

Additionally, the agency has received approximately 20,000 petitions for aliens with advanced degrees; however, we continue to accept advanced degree petitions since experience has shown that not all petitions received are approvable.  Congress mandated that the first 20,000 of these types of petitions are exempt from any fiscal year cap on available H-1B visas.

For cases filed for premium processing during the initial five-day filing window, the 15-day premium processing period began April 7.  For cases filed for premium processing after the filing window, the premium processing period begins on the date USCIS takes physical possession of the petition.

USCIS will provide regular updates on the processing of FY2010 H-1B petitions.  The updates can be found on the USCIS’ Web site at www.uscis.gov/h-1b_count.

Sincerely
Green card for Phd Team

Disclaimer:
The contents in this web site are only for your information and are not intended to be legal advice.

Question:

Can you please let me know the process to apply for green card with PHD

Thanks
Answer:

In general the process is not very much different from other GC application processes. Phd’s have an advantage that they have a strong background to satisfy the USCIS requirements in the EB1A or EB2-NIW categories which allows them to  self-petition for their green card. The key difference from the employer sponsored categories is that these categories can request an exception from labor certification requirement.

The actual process involves preparing a petition and applying an I-140 (petition for permanent residency) first. If the priority dates for your country and category are current, then you can simultaneously apply for I-485(adjustment of status). If not, you generally wait till they become current and apply for I-485. When you become eligible to apply for I-1485, you can also apply for an EAD (employment authorization) and advanced parole (for travel purposes), if needed.

I-140 petition is the key part of the GC application. Here the goal is to satisfy a sub-set of a requirements listed by USCIS (you can find these on their website). For this purpose you will have to build documents that provide the justification and supporting evidence. For example for EB2-NIW you have to satisfy at least three of the following;

1. An official academic record showing that the alien has a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to the area of exceptional ability;
2. Evidence in the form of letter(s) from current or former employer(s) showing that the alien has at least ten years of full-time experience in the occupation for which he or she is being sought;
3. A license to practice the profession or certification for a particular profession or occupation;
4. Evidence that the alien has commanded a salary, or other remuneration for services, which demonstrates exceptional ability;
5. Evidence of membership in professional associations; or
6. Evidence of recognition for achievements and significant contributions to the industry or field by peers, governmental entities, or professional or business organizations.

PS: On a side note, the example petition in the self-petition packets on our website will provide you with set-by-step information on the application process.

Best of luck

Sincerely
Green card for Phd Team

Disclaimer:
The contents in this web site are only for your information and are not intended to be legal advice.