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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.

Regarding applying for EB1A/NIW outside USA

Hi,
I finished my bachelor in India and did master degree in Germany and completed my PhD in UK. Currently i am working as Lecturer for past 1year (i.e permanent job) in UK. I have 10+ Journal papers with good impact factors, 20+ conference papers and 5+ invited talks.
Am i eligible to apply for NIW or EB1a self-petition categories from outside USA (i.e from UK).
I like to get your advise and guidance regarding it.

One Response to Regarding applying for EB1A/NIW outside USA

  • GCforPhD says:

    Hi

    Your background looks good in general. You might be able to apply in either one of two categories. However eb1a is generally considered to be tough. In the eb1a category USCIS also expects you to prove that you are internationally recognized and there is sustained interest in your work. If you have a lot of citations for your work, typically 60 or more, then you would consider applying for eb1a. You would also need several recommendation letter stating that your work is in the exceptional category and national interest (for niw) or in the extraordinary category (eb1a).

    Green card application is applied in two stages. The first stage is high 140 petition which is primarily applied by you. In this application you should also include your family members as dependent applicants. The next stage is I485 adjustment of status which is I 485 this is applied separately for each individual family members. Since you are not in the US you will not be applying for adjustment of status but rather what is referred to as consular processing. USCIS will send you information on how to apply for the reminder of consular processing for each of the family member. You would request consular processing in the I 140 application.

    The cost of application includes I 140 application fee, application fee for consular processing for each family member biometric fee for each family member. You can find the fee schedule for these applications on the USCIS website. If you need any further details of the fees or the exact amount please let us know.

    From your email we understand that you are from India. If you’re born in India, then there is a long waiting list for the permanent residency visas in the NIW category. However the Eb1a category is current, meaning you will be able to apply and receive and decision within typically 6 months to 1 year.

    Our website has more information on the eb1a and NIW categories. How about self petition example packet can help you guide through the application process.

    Best wishes
    GCforPhD

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