Blog for Postdocs / Phds, National Interest Waiver, Extraordinary Ability

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.

General question on eligibility for Green Card application


I am a Ph.D holder in plant biotechnology from India, came to USA two years back. I worked in Dept. of  Neurology with clinical Research for one and a half years. I have resigned my job to take of my new born son.  I have published my Msc and Ph.D work in Journals which are recognized as International. I have around nine publications and I have presented my paper in national level conferences in India. I have also Published two books on my MSc and Ph.D work. I am on the way of preparing the work that I did here in USA for getting published in some International journal.

My questions are:

1. Can I apply for GC ?
2. Do I have to work to apply GC.
3. In which category can I apply my GC. Can I apply in EB 1 category ?

Thanks for your help in advance,


1. You seem to have good credentials. You can self-petition for a Green card.

2. No you do not have to have an employer for self-sponsoring. However, a self-petition usually has a section about proposed area of employment where the petitioner describes in detail which area they intend to work. If you are not working currently due to maternity reasons, you could mention it in your resume.
3. EB1A and EB2-NIW are appropriate for self-sponsorship. You could apply in EB1A . You can also look into EB2-NIW depending on the national importance of your work. Please look at EB1A and EB2-NIW criteria.
In the case of Indian applicants, EB1A is preferable whenever possible. This because you can simultaneously apply for I-485 (change of status) which entitles you to an EAD. Further EB1A is faster.
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