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 post-doc be considered permanent position
Published Oct 21,2013
By GCforPhD
Question:
I would like to have some advice on whether I could qualify for a EB-2 NIW or not. I’ve read your website and I have your pdf, which have been quite interesting. Now, long story short, I am a post-doc in Novartis, and hold a French PhD on structural biochemistry. I’m here with an H-1B, but I know that Novartis do not sponsor post-doc for a green card, and it is not sure at the end there will be an open position. So to be sure, I try to get a Green card by self-sponsorship.
On my job offer, it is not mention the length of the post-doctoral program (which is for 4 years): can it be considered as a permanent position so?
Also, what would be the more likely category I could fit in? Who could help me to get through the process?
Answer:
Usually it is hard to claim post-doctoral jobs as permanent positions. While the length of the appointment is not mentioned, uscis examiner may question if it is a truly a permanent position. Also for self-petition you do not need a permanent job offer, so you need not worry if you do not have one.
From the short description it is hard to suggest which category is best. But normally most people find NIW easier than EB1a and have higher success rates. We suggest you look at the uscis criteria for both EB1a and niw carefully to decide the appropriate category. Some post-docs also applied in both simultaneously. Our do-it-yourself packets can guide you through the process. We do not offer any other personal service. However we offer some email support to those who purchase the packets from our website.
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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