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Inquiry about country of PhD

Published Jan 23,2020 By Nadeesha

Hi;

Do we need to be PhD holders from USA university to be eligible for this category? Also can this be applied while in the US on a visitor visa?

Thank you

Posted in niw
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BlogSupport
4 years ago

You don’t need to be PhD holders from an American university in order to apply for the green card in NIW category. In principle, you can file I-140 while on a visitor visa if you elect consular processing abroad (you can do that while being outside of the U.S., too). However, you should not file I-485 while on B2, because one has to wait for 90 days after entering U.S. on a nonimmigrant visa before filing I-485 (otherwise you may/would create a conflict of intents), and the visitor’s visa has a similar duration constraint.

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