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Disclaimer: The contents in this web site are only for your information and are not intended to be legal advice. While many of our applicants successfully obtain their I-140 approvals, the information here should not be considered as a guarantee of your green card application outcome.

Publications and EB1a

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
Helping NIW and EB1A applications
with our DIY packages

4 Responses to Publications and EB1a

  • keerthi says:

    Hi, I have a question regarding EB1a. My husband has a PhD, and can easily fulfill at least 3 out of 10 criteria. He recently got a job offer. He will join the co. with an OPT and the company will eventually file for H1B. When is the ideal time to file for his EB1a or NIW? Can he file for EB1a right away even before the H1B is filed? As his spouse, will I automatically get my green card? I also hold a PhD and can fulfill EB1a criteria but I am currently not employed. Is it best that we file together or separately. Thanks for your response.

    • admin says:

      He can file for his I-140 at any time. If he plans to self petition, he does not need any sponsorship and his petition is not tied to the company in any way. When he applies for adjustment of status (I-485, which is filed concurrently or separately depending on the priority dates and nationality), you are also eligible to apply for adjustment of status based on his i-140 petition. So both of you can get green cards after 485 approvals.

      As mentioned earlier, you do not need an employment sponsorship. If you wish you can file separately. The advantage is, if either one of your petitions gets approved, both of you can apply for change of status using this approval.

      Best of luck

  • AG says:

    Dear friends,
    I am from India. i have done my PhD in Biotechnology. currently pursuing my post doc in NCBS. My husband is visiting US with H1 Visa and i will be getting H4. I am very much interested to continue my research career in US. In H4 visa i am not eligible to work. hence anybody please suggest regarding how to converting my H4 to a valid work visa (either a J1 or H1 or EAD or anything related) so that i can continue my postdoc or can be employed by any of the biotech companies in US. please give suggestion.
    thank you very much
    AG.

    • admin says:

      For either J1 or H1, you need a company interested in hiring and sponsoring your visa.

      You could obtain an EAD if you self-petition in EB1A or EB2 niw. You need to meet the USCIS requirements for these categories and pool sufficient evidence for your petitions. You can refer to free e-book on the website.

      Best of luck

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