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.

Postdoctoral researcher trying to decide EB2-NIW or EB1A.



 I am a post-doctoral research associate at University of Washington, Seattle. I have a few questions regarding the green card applications.
1) Do I qualify for a EB1-A application. I am attaching my resume in this email. If I qualify, how long would it take.
2) If I apply under NIW, how long would it take to get I140 and how long would it take to get I485 approved in my case (an Indian citizen)
3) I am currently in academics. Can I find a job in industry after I-140 approval?  Would it jeopardize my I-485 approval chances. Also, when companies ask for permanent resident, would I qualify for that if I had only I-140 approved.
1. EB1A is generally harder than NIW. From the limited information you provided it is hard to tell but there is a possibility of EB1A. If you look at some example approved cases and petitions, it may help you plan, structure and prepare your petition. Some of the deciding factors are a) how important are your contributions (do you have enough citations? do reviewers highly regard  your work? how many people in university/industry use your work etc). From our experience significant number of PhDs (although not all) can do EB1As.
140 petitions take less than 3 months and  I-485 approvals take around the same time.

2. For NIW you need to find a connection between your work and national interest (which is not that hard). 

I-140 petitions take less than 3 months and  I-485 approvals take around the same time. But priority dates are not current for Indian nationals. Applications with priority dates of 15/11/04 can apply.
3a.  Yes
3b.   Usually no. As long you are working in the same field (you can choose a broad enough discipline which covers both your current and industry work).
No. You would need an approved I-485 to get a permanent resident status. Some companies accept EAD when I-485 has been applied and pending. This is still not the same as permanent resident.
Best wishes
Green card for Phd Team
Helping NIW and EB1A applications
with our DIY packages

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