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Foreign PHD – Green card visa process

Published Oct 27,2016 By Arun

Hi,

I’m enquiring on behalf of my wife, who is an PHD graduate from India, residing in UK without work experience for last 5 years after graduation.

Kindly advise whether she is still eligible to apply green card, what will be the best route for her to apply.

Thank you

regards,

Arun

Posted in Greencard Procedure
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Tigran Kalaydzhyan
Tigran Kalaydzhyan
7 years ago

Hi Arun,

I assume your question is related to the EB1A and EB2-NIW categories (which are the specifics of this forum), not the family-based immigration. If she was born in India, then EB1A is, practically, the only option for her. The problem is that even if I-140 is approved, she will not be eligible for the green card for the next several years. As an example, only those Indian nationals can now apply for the green card, who filed I-140 before 04/22/2009, see the link below
https://www.uscis.gov/visabulletin-oct-16

Now, regarding the EB1A, one has to prove the sustained international acclaim and that the achievements have been recognized in the field of expertise, meaning other people in the field actively used results of research of your wife. If she published important papers during her PhD and people are actively using them and/or citing her papers during the past few years, then she can overcome the 5 years gap in her employment. The rest depends on whether or not she can satisfy the USCIS criteria, see the link below
http://www.greencardforphd.com/eb1a/extraordinary-ability-eb1a-and-uscis-criteria

Feras
Feras
7 years ago

I read in I-140 application in petition Type: An outstanding professor or researcher. the word professor means if i have enough experience in academic teaching in the universities? or something else?

Tigran Kalaydzhyan
Tigran Kalaydzhyan
7 years ago
Reply to  Feras

Here is the official description of this category (EB-1B)
“You must demonstrate international recognition for your outstanding achievements in a particular academic field. You must have at least 3 years experience in teaching or research in that academic area. You must be entering the United States in order to pursue tenure or tenure track teaching or comparable research position at a university or other institution of higher education.”

Source: https://www.uscis.gov/working-united-states/permanent-workers/employment-based-immigration-first-preference-eb-1

Ishita
Ishita
7 years ago

Hi,
I have a phD Degree in Environmental Science from India (2015 Nov) with peer reviewed Journal papers published and presented in International Conferences in the USA.
My husband holds a HIB visa with I-140 approved which provides me with a H4 EAD in the USA , Can i pursue post Doc with this visa in US?
Can i apply for Green card independently with my qualifications in US ? what is the procedure?
Please advice.

Tigran Kalaydzhyan
Tigran Kalaydzhyan
7 years ago
Reply to  Ishita

Yes, you can do a postdoc with EAD.
You can apply for the permanent residence through self-petition at any time, if you meet the USCIS criteria for EB1A or NIW (please see the information on this website).

Venkatapratapreddygajulapalli
Venkatapratapreddygajulapalli
4 years ago

Recently, I got postdoc (with J1 visa) in USA. My wife holds a master degree in biochemistry. She wants do job or PhD in the USA. Is J2 visa holder allowed to work fulltime or PhD?

Tigran Kalaydzhyan
Tigran Kalaydzhyan
4 years ago

Yes, J2 allows your wife to work in the U.S. while your J1 is valid.

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