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

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PhD graduate looking at different options


I graduated with a PhD last year, and I am currently working as a research and development manager for a reputed firm.  I did get hired before my graduation, so I am currently working for a company for about two years.  My H1B visa application is currently under review, and I was looking at different options for permanent residency.  My current employer is willing to file my case through EB2 Advance degree option (since I was born in India there is a backlog there).  I am currently weighing different options but I need your opinion on this matter

  • I am listed as a co-author on two journal articles with couple of citations.  This work was later on awarded a US patent, but I am not listed as one of the inventor due to the sensitive nature of the research (non citizenship).
  • I have been listed as a principle investigator on one of the research proposal, which got funded by national agency.  
  • I worked on an industry (DoD)  funded projects through my PhD, so most of the work can not be published.  But I can obtain recommendation from that industry folks.
  • I am in process of publishing more journal articles for some of the additional work that I have finished during my PhD
  • Since my PhD is focused in a very specific type of industry, I have received couple of awards that are well recognized in the field (but not globally recognized).  
  • I did represent my institute as a council member for a term at a well know government funding agency. 
  • I have several conference papers and poster presentations. 
  • I can obtain all the required recommendation letters from well reputed reference (Domestic and International).

 I have asked an attorney who recently filled my H1B application about applying through EB1/EB2NIW, and her response was bit confusing.  Let me know what you guys think, 



3 Responses to PhD graduate looking at different options

  • GCforPhD says:


    The background you listed can meet the EB2-NIW or EB1a statutory criteria. In addition you would need to show the following

    1. EB1A: Need to show you are a top expert in your field and your work has sustained interest. Usually citations help for the later. But if you have other evidence then EB1a is a possibility.
    2. NIW: You would need to show that your work is in national interest, which it sounds like. You may be able to successfully apply in NIW.

    Having a name on a patent would certainly make a EB1a case stronger. More publications/citations can also help EB1A.

    Best wishes

  • MK says:

    Thanks a lot for a prompt response, I will definitely try your DIY packages. Most of the lawyers are telling me to apply through EB2 Advance degree option (most of the graduates from US universities can be qualified) since I do not have many publications. According to them, at least 10 -15 publications are needed to qualify for EB1A, and they think that EB2NIW will also not apply here as well.

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