Green card for Postdocs / Phds

Question:

I did my Masters in USA and after gaining some professional experience I am now thinking to do PhD. I never know that a PhD student will be having a edge in getting Green Card until I saw your detailed explanation in the site. Now after reading the brief explanation which you have provided in your site, it flashed in my mind to know whether I will be having enough credentials to apply for green card once Iam done with my PhD. I am planning to do PhD in the field of Management Information Systems. I came to know that it doesnt fall into the category of STEM Degrees. I heard a rumour that only those degrees which fall into the category of STEM are eligible for green card processing. Is that true? Its not that I am going to do PhD just for the sake of getting green card. Since there is an option to apply for green card, I just wanted to know whether the degree in which I am planning to do my PhD is qualified enough for the green card processing.

Answer

It is certainly not true that EB1A or EB2-NIW require the applicant to have a STEM degree. In fact people without a PhD degree can also apply in EB2-NIW as long as they can justify their work under NIW criteria set by USCIS. We suggest you read the USCIS criteria (present else where on our site) for both EB1A and EB2-NIW.

That said, we do not have petition experience with a non-STEM cases. However, the approach behind either STEM or non-STEM petition is not different. One could use a STEM application as an example to build a strong non-STEM case as long they know that their main goal is to satisfy USCIS criteria and present this coherently to the examiner in the petition.

In general, the EB1 category has a sub category “Multinational managers or Executive”. However unlike EB1A (extraordinary ability category), this requires a sponsorship.

best of luck

Question:

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