Tag Archives: phd

Which category do I fit in?

Question:

I am thinking of self-petitioning green card but I was wondering which category do I fit into NIW or EB1A

I have a PhD in education from a US university and I design educational materials for US kids (middle and high school). I also have a numerous publications and conference presentations related to educational research.

Let me know if you need any more information to let me know which category I might fit into.

Answer:

From your description you would fit more closely with NIW. Eb1a is also a possibility; here you will have to make a case that you are exceptional among all your peers in the area of educational research.

If I drop out of Phd program, can I still apply for a Green Card?

Question:

I am on F1 visa enrolled in a PhD program from Fall 2008.I have to enroll only thesis credit hours (10 credit hrs. remained only).  I do not have any classes to attend now

I have completed 65 cr. hours out of 75 cr. hours

Presently I am working on OPT from last 6 Months. My h1 b file this month

I am trying to finish my PhD in a next one year. But not sure.

If I can’t finish my PhD study due to some complex research problem

1. Can I file for (me & my family)   EB2-NIW for incomplete  PhD study?

PL GUIDE/SUGGEST ME.

Answer:

EB2-NIW can be filed by anyone who satisfies the USCIS requirements for national interest. PhD is not really a USCIS requirement. Our website and example packets are designed for PhDs because during the course of their work they satisfy a many of USCIS requirements.

So the short answer is you could file as long as you satisfy these requirements.

Self petitioning by PhDs with degree’s from other countries

Question:

To Whom It May Concern:

I am wondering if the self-petition categories are related to American PhDs only. Could it also count for Russian PhDs, for instance?

Many thanks for your time!

Answer:

The self-petition categories, EB1A and EB2-NIW are not restricted to US degree holders. Anyone satisfying the requirements set by USCIS for exceptional ability or national interest can apply. Please see the conditions mentioned by USCIS in these categories (USCIS website or our website). Petitioners with degrees from other countries have also successfully applied.

Our packets are made from successful petitions and the examples are of a person with a US degree. But the approach is applicable to persons of non-US degree as well.

Self petition and medical Phd student

Question:
I am interested in applying for Green Card. I graduated from university of Athens, school of medicine. I did my PhD at the same institution (degree expected in early 2012), I have 6 publications and 3 under review, 60 presentations in national and international meetings, currently working in the USA (Boston, MA) on H1b visa, I also received 6 first awards in Greece and I have 2 scholarships.

Q1:
What do you think my chances are?

Answer:
Your resume looks strong. A well prepared petition will have a good chance. The right category (EB1a or NIW) depends on your research/work area and your overall evidence.

Q2:
Can you guide me through the process?

Answer:
The green card for PhDs website has a self-petition packet that has example petitions. Several people have successfully used these to build their petitions. We help by answering questions which petitioners have.

Q3:
How long it will take in case it is approved?

Answer:
GC has two main applications, i-140 and i-485. Generally the first one is quicker. You can find the overall time it takes in the USCIS processing schedules website. This depends on the category you apply to and the country of your origin.

Detailed answers to your questions and most commonly asked questions can be found in pdf format at the link.

Eligibility for applying under EB1A

Question:
I need some information to apply for EB1 visa. My husband is an Indian completed his PhD in life science (Biology) from one of the German universities. Now he got an offer to join as a Postdoctoral researcher in New York. Is it possible for him to apply for an EB1 (I guess EB1-2 for researcher or professor)? Please inform me regarding this. If he is eligible for EB1 visa, please inform me how we can proceed with this.

Answer:
If he plans to self-petition either EB1a (extraordinary ability) or EB2-(NIW) are the right categories. He can view the USCIS criteria for these categories to see if he has the requisite evidence. The following e-book has commonly asked questions on the application process.

Also example petitions (for example see the link) can be useful in making a petition and several other right decisions.

STEM degree?

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

Phd and green card application timing

Question:

I found your website today and have a question. My wife has done her Phd from university of Hyderabard, India and is working on her thesis right now. She is on H4 visa right now. She does nt have her Phd degree yet. My question is, should she have to wait until she get the degree? Or can she apply now?
Thanks
Answer:
I would like to emphasize that Phd is not a requirement in the USCIS criteria. So you should not think that having a Phd entities to a GC. Similarly you should not think that not having a Phd does not qualify for EB1A or NIW application. In general  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. This does not require a employer sponsorship.

So to answer your question, you can apply before obtaining a Phd. We know of petitions filed by students on F1.  So there is no hard and fast rule as to when you can apply. The best time is whenever you think that you have a strong proof to support an EB1A or EB2-NIW case. USCIS has a set of criteria for permanent residency petition in each of these employment based application categories. You can find these criteria else where on the website. The example petitions in the self-help packets are designed to walk you through the process of building a strong case.

I hope this is helpful.

Best of luck

Green card and PHD

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