Green card for Postdocs / Phds

Weblog for postdoc / phd green card issues

Question

Thank you for coming up with such a wonderful website for people like us. You guys are doing a “GREAT” job. Keep it up :-) As for me, I am working as a postdoc. I am interested in applying for a green card in EB1A category. Before knowing about your site, I contacted a lawyer farm to ask about my chances to acquire a green card but their response was not very encouraging. After going through the contents posted in your site, I am really feeling positive about my credentials. I think, I suit more to the EB1A rather than NIW but not sure enough. So, it would be really very kind of you and extremely helpful to me, if you can evaluate my CV to let me know where do I fit in to apply. I am attaching my CV for the same. Hope, I am not asking for much. Thank you once again.

Looking forward to hear from you. Please do reply.

Have A Great Day Ahead.

Answer

Typically with 5-6 publications, EB1a requires a compelling justification that the work performed is radically important to the research community or a certain field. For EB1a you have to satisfy 3 of 10 uscis criteria. For NIW, you need to be able to justify that the work is important to US national interest. We suggest you look at USCIS eb1a and niw criteria. Also looking at some example petitions would help. It is possible your application can work for both niw or eb1a. However, in our experience, applicant has a better judgement on which is the best category for them. Also there is always a possibility of applying in both categories, since it really does not double your effort. In many cases one who qualifies for one also qualifies for other.

You can also read our free e-book which answers various application questions.


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.

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Question
This is ——, a Master’s graduate with active H1B.  I came across your site while browsing and was quite impressed. My only goal is to secure the GREEN CARD. I tried sponsorship through employer but in the current situation none of the employers I approached are willing to sponsor me a EB2 with Labour certification.
Deep inside my mind I did have a wish to do Ph.D. If pursuing my Ph.D can help me achieve my goal I am more than ready to do that also. Can you please suggest me which area of Ph.D is qualified for NIW. My area of Interest is Computer Science/ Information Technology. Please suggest me if this field is qualified for NIW.
Looking forward to hear from you soon.
Thanks in Advance,
Answer

For NIW or EB1a, there is no particular field necessary. The main criteria is that you need to satisfy uscis requirements in any of the application areas.

In terms of the time it takes to obtain an green card, there would be no difference between employer sponsorship and applying on your own except for the additional labor certification process time in the former case. There are several things you need to consider if you plan to do a phd simply for the case of obtaining a green card. It usually takes 5 yrs of study. You may have to wait all this years or at least long enough to build a good evidence that supports your NIW self-petition. So this will be longer compared to your employer sponsorship.

However, if you intend to do a phd and for this reason not want to be stuck to your employer, then self-petition at a later stage of your phd is a useful approach.

If you wish to know more details on self-petition, you can read the free e-book on our web page.

Bst 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.

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Question:
I read info on your site and found  the same very useful. I have masters degree and wish to earn a Ph.D in USA. I am already in US since 2006, and currently working. My question is - can Ph.D in any subject sponsor himself under EB 1 researcher category ? for example someone who has done Ph.D in Business Management, Strategy, Mgt Information Systems etc ? or does the Ph.D need to be in a Science, Technology, Engineering and Math (STEM) subject ? Does every applicant for greencard need to apply for national interest waiver (NIA) ? is it necessary to prove that giving green card is in national interest ?
I will prepare my strategy accordingly, ie whether to do Ph.D in STEM subject or non-STEM subject.
Thanks in advance.
Best Regards,
Answer:
According to USCIS, the EB1A category is for applicants with extra-ordinary ability and it is not limited to any particular field of study. In fact USCIS does not even stipulate that EB1A applicants have a Phd. However with a Phd, one is likely to satisfy the necessary requirements for this category (please review the uscis criteria for EB1A posted on USCIS website on on our website). So STEM degree is not a requirement for applying in the EB1A category. You can find more information at this link.
To answer your second question, NIW is a different category, namely EB2-NIW. If you are applying in the extraordinary category, it is not necessary to apply for EB2-NIW. If you plan to self-petition for a green card in this (EB2-NIW) category, you have to show that your application is in the national interest. USCIS has a set of criteria for EB2. In addition to these criteria, you have to show that you are applying in the national interest.
You can plan your phd so that various tasks you perform help you to satisfy either the EB1A or EB2-NIW criteria. We suggest you familiarize yourself with some example petitions and USCIS criteria.
We wish you best of luck with your pursuit.
Sincerely
Greencard for phd team
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.

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