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Post Docs eligible for EB1A

Published Nov 5,2019 By Sohil

Hi – I am currently a post doc at a University of California School with Masters and PhD from Ivy league schools. We just had a consultation with a lawyer (working on my partner’s GC through his employer) and the lawyer made it seem like the requirements are so high that i doubt how many post docs would even qualify for EB1A. My questions at this point is if I should even think about applying for EB1A or just apply for NIW?

Profile:

  • 2nd Year post Doc
  • 14 publications
  • 378 citations
  • HHMI grant recipient during PhD
  • Currently on OPT extension
Posted in EB1A
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BlogSupport
BlogSupport
4 years ago

Hello Sohil,

It depends of various circumstances. What is your country of birth? Are you married? Depending on your country of birth, some categories of the green card could be virtually unavailable (see priority dates in the Visa Bulletin by link below). If you are married, you can receive the green card together with your partner.

Previously, if you were the first author of several of those papers, you had a good chance of receiving EB1A. These days, it depends mostly on the given USCIS officer judgement, so the lawyer could be more up to date with the situation. Some professions (medical, defense, etc) are also more likely to help you qualify for the NIW.

https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2020/visa-bulletin-for-november-2019.html

Enrico Chinello
Enrico Chinello
4 years ago

Hello,
I will have a similar problem. I’m relocating to the NYC with my wife. She will work as a postdoc from Feb. 2020 (J-1) and I will join her with a J-2 visa. What are the requirements and the timing to apply for a green card? Could we do it right away?
Thanks in advance,
Enrico

BlogSupport
BlogSupport
4 years ago

Hi Enrico,

Again, it depends on details of your situations. For example, if you decide to leave the U.S. in order to obtain the J2 visa stamp in your passport, then you should wait for 90 days after entering the U.S. before filing the I-485 form. Otherwise, the will be a presumption of a will-full misrepresentation in front of the border officer.

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