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.
Can I apply in EB2-NIW with my credentials?
Published Apr 25,2014
By GCforPhD
Question:
I came across your website while looking at green card’s for STEM majors.
I have completed my PhD in Electrical Engineering and have one Journal
publication. I have am getting a job offer in a software company who have told
me that they will file for my green card. I am wondering if you can guide me
do you think I can file for my own green card in EB2 category, I think I meet
these two criteria:
1.I have a journal paper published which is proof of original contribution.
2.I have written a thesis which is equivalent of a book? (I am not sure of this one)
The third condition is that I should have a job offer from a US employer I have
one but it is from a computer science company doing big data sales force
applications. The reason I have joined these guys is that semiconductor industry
also needs big data applications and I think I can build a software to do so
if I get exposure to how it is done actually in computer science commercially.
The overlap with my major is computer programming. I am not sure if this will
satisfy USCIS.
I will be thankful if you can guide me further.
Thanks.,
Answer:
Most Phds are able to file on their own in EB2-NIW. However you would need first three of the EB2 exceptional ability criteria (please see uscis website). Job offer is not one of the 6 EB2-exceptional ability criteria. Following this you need to show evidence that your case is in the national interest. National interest conditions are summarized below
1. the benefits from your employment will be national in scope.
2. your work is in an area of substantial intrinsic merit and important to the national interests of the United States.
3. you have to show that the significant benefit derived from the applicant’s participation in the national interest field of endeavor considerably outweighs the inherent national interest in protecting U.S. workers through the labor certification process.
While it is technically possible to try EB2-advanced degree +national interest, we are not aware of applications or approvals in this approach.
You can see some of our example petitions to get a better idea of how a typical EB2-NIW packet would look like.
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.
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