Green card for Postdocs / Phds

Question:

I am currently pursuing master in computer science and I will be graduating in December. I have few questions regarding green card which I can apply after PhD degree.

Question 1 . Is there any green card criteria that I have to do PhD from any specific university or can I do PhD from any university?

Question 2.  When can I apply for green card? Do I need to apply after I complete my PhD degree or can I apply while I am doing my PhD degree?

I would appreciate any of your help

Answer:

We suggest you read the following related post for more details. Your questions are answered below.

1. No. You can have PhD from any University. We like to make it clear that there is no USCIS criteria that requires a Phd for a green card. However, most Phds or postdoc (sometimes Phd students also) tend to satisfy the USCIS requirements of EB1A (extraordinary ability under employment based category 1)  or EB2-NIW (national interest wavier under employment based category 2). This makes them eligible to self-petition for a green card without the need for an employer.
2. There is no hard and fast rule as to when you can apply. The answer is whenever you think that you have a strong case to support an EB1A or EB2-NIW case. USCIS has a set of criteria for permanent residency petition in each of the employment based application categories. You can find these criteria else where on the website.

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 news

WASHINGTON – U.S. Citizenship and Immigration Services (USCIS) today announced additional requirements for employers, who receive funds through the Troubled Asset Relief Program or under section 13 of the Federal Reserve Act (covered funding), before they may hire a foreign national to work in the H-1B specialty occupation category.

The new “Employ American Workers Act,” (EAWA), signed into law by President Obama as part of the American Recovery and Reinvestment Act on Feb. 17, 2009, was enacted to ensure that companies receiving covered funding do not displace U.S. workers. Under this legislation any company that has received covered funding and seeks to hire new H-1B workers is considered an “H-1B dependent employer.” All H-1B dependent employers must make additional attestations to the U.S. Department of Labor (DOL) when filing the Labor Condition Application.

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