how to get green card after phd in usa

How to Get a Green Card While Studying for a PhD

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• PhD students can apply for a green card by meeting certain requirements.
• The EB-1 category is popular for PhD holders, with options like EB-1A for extraordinary talent and achievements, and EB-1B for professors and outstanding researchers.
• Eligibility is based on proving significant contributions and useful work in the field.
• Required documentation varies based on the specific green card category.
• Applications can be submitted during studies or after receiving a PhD.
• The process takes around 4-12 months, and fees include a $700 application fee and attorney fees.
• Premium processing can expedite the I-140 petition.
• A STEM degree is not mandatory, and if a petition is denied, legal assistance can be sought or additional documentation can be provided.

Obtaining a Green Card as a PhD student can be complex, involving extensive paperwork, adherence to numerous rules, and navigating various categories. This process may seem overwhelming, especially for international students unfamiliar with U.S. immigration procedures. This article aims to provide clarity and guidance on the steps required to legally secure a permanent stay in the U.S. through a PhD Green Card.

PhD Green Card Requirements

To qualify for a PhD Green Card, applicants must demonstrate substantial contributions and usefulness in their field, often through awards or significant achievements. While named a “PhD Green Card,” holding an actual PhD degree isn’t mandatory. It’s advisable to consult with an attorney to assess eligibility and ensure all necessary documentation is in place.

Green Card Options for PhD Students

PhD students can apply for a Green Card, but must demonstrate a valid reason for remaining in the U.S. The EB-1 Green Card is a common choice for PhD students and holders, offering several categories:

EB-1 Green Card Categories

• EB-1A: For individuals with extraordinary abilities in areas like science, arts, business, and athletics. Requires proof of significant achievements, such as international awards.
• EB-1B: Aimed at outstanding professors and researchers, this category has less stringent requirements than EB-1A but is more focused on academic and research accomplishments.
• EB-1C: Suitable for executives and managers of multinational companies.

Note: EB-1A and EB-1B are popular among PhD students and holders, allowing for a streamlined application process without the need for employer sponsorship through the PERM process.

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How to Apply for a Green Card While Pursuing a PhD

Applying for a Green Card while studying in the United States on a student visa (typically an F-1 visa) for a PhD can be a multifaceted process. Here’s a general outline of the steps involved:

1. Understand Your Eligibility

Firstly, you need to identify under which category you can apply for a Green Card. Common categories for PhD students may include:

• Employment-Based Green Cards (EB): These include EB-1 (for individuals with extraordinary ability, outstanding professors/researchers), EB-2 (for those with advanced degrees or exceptional ability), and EB-3 (skilled workers, professionals).
• National Interest Waiver (NIW) under EB-2: If your work is in an area of substantial intrinsic merit and beneficial to the U.S., you might qualify for an NIW, which allows you to self-petition without a specific job offer.

2. Seek Employment or Decide to Self-Petition

• Find a Job: If you go the employment route, you need a job offer from a U.S. employer willing to sponsor your Green Card application. For EB-2 and EB-3 categories, this usually involves the employer obtaining a labor certification.
• Self-Petition: If you are eligible for EB-1 or a National Interest Waiver, you can file a petition yourself without an employer.

3. Adjustment of Status or Consular Processing

Once your I-140 Immigrant Petition for Alien Worker is approved, you have two paths:

• Adjustment of Status (Form I-485): If you are in the U.S., you can file for an adjustment of status to change from F-1 to a permanent resident status. This process can be lengthy and involves background checks, a medical examination, and possibly an interview.
• Consular Processing: If you are outside the U.S. or prefer this route, you go through the U.S. consulate in your home country. This also involves an interview and various documentation.

4. Maintain Legal F-1 Status

While your Green Card application is pending, it’s crucial to maintain your legal F-1 status. This means adhering to all the requirements of your student visa, including full-time enrollment and not engaging in unauthorized employment.

5. Gather Required Documentation

This typically includes:

• Academic records proving your PhD status.
• Documentation of your qualifications (publications, awards, etc.) for EB-1 or NIW.
• Job offer and labor certification (for EB-2 and EB-3 through employer sponsorship).
• Forms like I-140 (Immigrant Petition for Alien Worker) and I-485 (Adjustment of Status application).
• Biographical documents (passport, birth certificate, etc.).
• Medical examination results.

6. Application Review and Interview

After submitting your application, USCIS will review it, and you might be called for an interview. Be prepared to discuss your application and your future plans in the U.S.

7. Wait for a Decision

The processing time can vary significantly depending on the category, your country of origin, and current USCIS workloads.

Important Considerations

• Legal and Immigration Advice: Consider consulting an immigration attorney for personalized advice, especially for complex situations.
• Changing Visa Status: If your F-1 visa expires before your Green Card is processed, consult an attorney to avoid unlawful presence.
• Dual Intent Visas: F-1 visas are not dual intent, meaning they don’t inherently allow for immigrant intent. However, applying for a Green Card in itself doesn’t automatically invalidate your F-1 status.

This process requires careful planning and adherence to legal and procedural requirements. It’s important to stay informed and, if possible, seek professional guidance.

Documentation for PhD Green Card Application

Eb-1a green card documents.

• Award: A nationally or internationally recognized small award.
• Scholarly Articles: Published works in trade or professional journals.
• Significant Contributions: Evidence of significant contributions to your field.
• Written Material: Articles by others detailing your abilities.
• Membership: Proof of membership in associations requiring extraordinary abilities.
• Leadership Role: Evidence of a crucial role in a recognized organization.
• Judging Peers: Experience as a judge of others’ work in your field.
• High Salary: Evidence of a substantial salary indicative of your field competence.

Note: USCIS allows for other comparable evidence if these categories don’t apply. Consultation with an attorney is advisable for proper qualification assessment.

EB-1B Green Card Documents

• Distinguished Awards: Proof of receiving a renowned award in your field.
• Research Contributions: Evidence of significant scientific or scholarly research contributions.
• Judging Work: Participation as a judge of peer work.
• Publications: Authored books or articles in recognized publications in your domain.
• Professional Membership: Evidence of membership in organizations requiring outstanding achievements.
• Scholarly Recognition: Publications by others about your work in the field.

Note: Like EB-1A, EB-1B may also accept comparable evidence. Working with an attorney is recommended to identify any additional qualifying evidence.

How Much Does PhD Green Card Cost?

The typical cost of obtaining a Green Card for a PhD holder in the United States, particularly through the employment-based (EB) pathway, can vary based on the specific circumstances and choices made during the application process. However, a general estimate of the typical costs can be outlined as follows:

Basic Application Fees

• I-140 (Immigrant Petition for Alien Worker): $700
• I-485 (Application to Register Permanent Residence or Adjust Status): $1,225 (including biometrics)

Optional Fees

• This is optional and is used to expedite the processing of the I-140.

Attorney Fees

Legal representation varies widely, but typically ranges from $2,000 to $10,000 or more, depending on the complexity of the case and the attorney’s rates.

Additional Costs

• Medical Examination: Varies, but generally around $200 to $500
• Miscellaneous (e.g., document translation, travel for interviews): Varies

Total Typical Cost Estimate (without Premium Processing and Legal Fees)

• For an individual applicant: $700 (I-140) + $1,225 (I-485) = $1,925
• For a family application (e.g., applicant plus spouse and one child under 14): $700 (I-140) + $1,225 (applicant I-485) + $1,225 (spouse I-485) + $750 (child I-485) = $3,900

Total Typical Cost Estimate (with Premium Processing and Average Legal Fees)

• For an individual applicant: $1,925 (basic fees) + $2,500 (premium processing) + Approx. $5,000 (average legal fees) = Around $9,425

These are general estimates and actual costs may vary. Some applicants may choose not to use premium processing or may have higher or lower legal fees. It’s advisable to check the latest fees on the USCIS website and consult with an immigration attorney for accurate and personalized cost estimates. Costs can vary based on the specific Green Card category (e.g., EB-1, EB-2, EB-3) and any additional complexities in the case.

Pathways for STEM Employment in the US

The United States offers several immigrant pathways for STEM professionals seeking permanent employment. These pathways lead to lawful permanent residence, commonly known as a Green Card, and potentially U.S. citizenship.

Primary Steps in the Immigration Process

There are two primary pathways to Green Cards for STEM PhD students:

• Labor Certification: Most EB-2 and EB-3 visa petitions begin with the employer filing a labor certification with the Department of Labor (DOL). This step ensures no qualified U.S. workers are available for the job, and that hiring a foreign worker won’t negatively affect U.S. workers’ wages and conditions.
• Visa Petition and Adjustment Application: Following DOL certification, the employer files an immigrant visa petition with USCIS. The applicant then submits either an adjustment application (if already in the U.S.) or a visa application (if outside the U.S.).

Key Visa Categories for STEM Professionals

Within those pathways, there are several green card categories that STEM students can qualify for:

• EB-1A (Extraordinary Ability): Individuals with exceptional abilities in sciences, arts, education, business, or athletics can self-petition for this visa. They must demonstrate sustained national or international acclaim and continue working in their field.
• EB-1B (Outstanding Professors and Researchers): Internationally recognized professors and researchers can apply, provided they have 3 years of experience and a job offer from a U.S. institution.
• EB-1C (Multinational Managers and Executives): This category is for managers and executives of multinational companies transferring to the U.S.
• EB-2 (Advanced Degree Professionals): Professionals with advanced degrees or exceptional ability in sciences, arts, or business may apply, often requiring a labor certification waiver in the national interest.
• EB-3 (Skilled Workers, Professionals, and Other Workers): This category includes skilled workers with at least 2 years of experience or training and professionals with a U.S. bachelor’s degree or equivalent.

Considerations for STEM Students Seeking Green Cards

The availability of immigrant visas depends on the employment category and the applicant’s country of chargeability. For certain categories like EB-2, applicants can seek a national interest waiver, bypassing the labor certification. While most categories require a job offer and employer petition, some, like EB-1A, allow for self-petitioning.

• Can I Stay More Than 6 Months Outside the U.S. with a Green Card?
• Green Card Process Steps: EB-1, EB-2, and EB-3 Visa
• SSN Update After Green Card
• How Long Does it Take for USCIS to Make a Decision After an Interview?
• Can You Be Deported if You are Married to an American Citizen?
• Which Countries Can You Visit With a Green Card?

Final Thoughts

Getting a PhD green card is certainly not going to be easy – and in most cases, it can be a time-consuming process. Still, with the help of a lawyer and by gathering the right documentation, you should be able to legalize your stay in the US by making use of your PhD or research.

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Green Cards for PhD Students FAQ

1. can i apply for a green card while on a student visa.

Yes, PhD students on a student visa can apply for a Green Card. However, the process involves satisfying specific eligibility criteria and navigating complex immigration procedures.

2. What Green Card Categories Are Available for PhD Students?

Common categories include EB-1 (Extraordinary Ability, Outstanding Professors and Researchers), EB-2 (Advanced Degree or Exceptional Ability), and sometimes EB-3 (Skilled Workers, Professionals).

3. Do I Need to Finish My PhD Before Applying?

Not necessarily. You can apply if you can demonstrate extraordinary ability or significant contributions to your field, even if your PhD is not yet complete.

4. Is a Job Offer Required for a Green Card Application?

It depends on the category. For EB-1A (Extraordinary Ability) and certain EB-2 cases (National Interest Waiver), no job offer is required. For EB-1B, EB-2 (with labor certification), and EB-3, a job offer is typically necessary.

5. How Long Does the Green Card Process Take?

Processing times vary depending on the category and current USCIS backlogs. EB-1 applications generally process faster than EB-2 and EB-3.

6. Can I Stay in the U.S. While My Green Card Application is Pending?

Yes, you can remain in the U.S. on your student visa while your Green Card application is processed, as long as you maintain your student status.

7. What Documents Will I Need for My Application?

Key documents include your academic records, evidence of achievements or awards, job offer letters (if applicable), and forms related to the specific Green Card category.

8. Can I Work While My Green Card Application is Pending?

You may be eligible to apply for work authorization while your application is pending. This process involves filing Form I-765 for an Employment Authorization Document (EAD).

9. What Happens If My Student Visa Expires Before I Get My Green Card

You should plan to maintain legal status while your Green Card application is pending. If your student visa is about to expire, consult an immigration attorney to explore options like visa extensions or adjustments.

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Self help packets

Green Card PhD FAQ

What is the purpose of this faq.

This webpage provides information and answers questions that PhD holders and other advanced degree holders (BS or MS degree) ask during their journey for a green card self-petition through employment-based categories, specifically EB-1A and NIW.

By reading these commonly asked questions and our free ebook , you will learn nearly everything you need to apply for a green card on your own. You can also use our DIY packets , which provide example petitions to help you successfully apply for a green card.

What is permanent residency?

Permanent residency (PR), also known as a green card, is an official immigrant status granted by the United States Citizenship and Immigration Services (USCIS). PR status offers a number of advantages, including:

• Flexibility to work without the need for a work visa
• Access to a wider range of job opportunities
• The ability to live and work in the United States permanently
• The ability to apply for US citizenship

For PhD holders, PR status is especially beneficial because it allows them to pursue their careers without the restrictions of a work visa. PR holders can also work for any employer they choose and are not limited to the employer who sponsored their green card application.

Is PhD a requirement to apply for a Green Card?

PhD is not a requirement for any green card category, but it can be very helpful.

If you have a PhD and collect all of your publications, awards, and other evidence of your achievements, you may be able to use this evidence to support a self-petition for EB-2 NIW (in most cases) or EB-1A (in some cases).

Does PhD entitle me for a Green Card?

The short answer is no (at least as of 2023). We would like to emphasize that PhD is not a requirement in the USCIS criteria. So you should not think that having a PhD entitles to a GC. Similarly you should not think that not having a PhD does not qualify for EB1A or NIW application. In general PhD’s have an advantage that they have a strong background and they are more likely to satisfy the USCIS requirements in the EB1A or EB2-NIW categories. This allows them to self-petition for their green card, which does not require an employer sponsorship.

There were several bills introduced in the US congress or senate that support PhDs directly or indirectly by increasing the number of STEM visas. However none of these were passed. It is possible that Congress will pass legislation in the future that would provide relief specifically to PhD immigrants. However, it is difficult to say when this might happen.

In the meantime, PhD immigrants can take advantage of EB1A or NIW categories due to their skill and background. These categories provide a great opportunity to successfully obtain a Green Card.

Can I self-petition for a Green Card?

Yes, PhD holders and postdoctoral researchers (and some exceptional students in the PhD programs) can self-petition for permanent residency through two employment-based categories: EB-1A (extraordinary ability) and EB-2 NIW (national interest waiver). You do not need an employer to sponsor your permanent residency in these categories.

What are the advantages of self-petitioning?

The main advantage of self-petitioning is that you do not need an employer to sponsor you. So you do not need a permanent job offer to apply for a PR and once you apply, you are not tied to any employer. Beneficiaries have a great flexibility in changing jobs within their research area.

What GC application options does a Postdoc have?

In general there are three options available through EB1 and EB2. In the EB1 category, significant number of postdoc researchers apply through “extraordinary ability”, EB1A. This category does not require employer sponsorship, meaning that USCIS does not require that you have a permanent job offer in hand. The other category which is generally of interest to postdocs, because this also does not require employer sponsorship, is called EB2-NIW, national interest wavier category.

The third category which postdocs with permanent job offers can take advantage of EB1-OR, that is EB1 outstanding researcher. But most postdoc jobs are not permanent and universities or companies who hire postdocs are not willing to sponsor a Green Card. This creates a problem in applying in EB1-OR. However, there are exceptions when the institution calls the title as “Research scientist” and treats them as permanent employees.

What are USCIS criteria for EB1A?

During December 2010 USCIS issued memo/guidelines for immigration service officers to determine extraordinary ability. The memo instructs USCIS adjudicators to use a two part approach to evidence evaluation referenced in the Kazarian appeals case. This is usually referred to as a “Two part evaluation in EB1A”. Under this rule, the applicant should satisfy three of the ten regulatory requirements for EB1A and following this applicant merits are judged based on the following two conditions.

Petitioner is one of the small percentage of people who have risen to the very top of the field of endeavor. Sustained national or international acclaim and that his or her achievements have been recognized in the field of expertise.

USCIS requires the applicant to satisfy at least 3 of the following EB1A regulatory criteria.

• Documentation of the alien’s receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor;
• Documentation of the alien’s membership in associations in the field for which classification is sought, which require outstanding achievements of their members, as judged by recognized national or international experts in their disciplines or fields;
• Published material about the alien in professional or major trade publications or other major media, relating to the alien’s work in the field for which classification is sought. Such evidence shall include the title, date, and author of the material, and any necessary translation;
• Evidence of the alien’s participation, either individually or on a panel, as a judge of the work of others in the same or an allied field of specialization for which classification is sought;
• Evidence of the alien’s original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the field;
• Evidence of the alien’s authorship of scholarly articles in the field, in professional or major trade publications or other major media;
• Evidence of the display of the alien’s work in the field at artistic exhibitions or showcases;
• Evidence that the alien has performed in a leading or critical role for organizations or establishments that have a distinguished reputation;
• Evidence that the alien has commanded a high salary or other significantly high remuneration for services, in relation to others in the field; or
• Evidence of commercial successes in the performing arts, as shown by box office receipts or record, cassette, compact disk, or video sales.

NOTE: If the above standards do not readily apply to the beneficiary’s occupation, the petitioner may submit comparable evidence to establish the beneficiary’s eligibility.

What are USCIS criteria for NIW?

If you plan to apply in NIW you need to show that

• Advanced Degree professional (BS in the US or Master, PhD or BS+5 years from foreign country) — while this category appears easier, there are not many approvals that we are aware of.
• Exceptional Ability (see below) — most PhD approvals are in this sub category and we only encourage to apply in this category
• the benefits from your employment will be national in scope
• your work is in an area of substantial intrinsic merit and important to the national interests of the United States and
• the significant benefit derived from your participation in the national interest field of endeavor considerably outweighs the inherent national interest in protecting U.S. workers through the labor certification process.

USCIS does not define what is national interest. However, the applicants work should have demonstrated or should be considered of high significance in the US national interest. If the work improves any of the following then it can be argued as work in national interest.

• The U.S. economy,
• National security,
• A key / strategic technology area identified by government agency,
• Defense research,
• Educational and training programs for U.S. children and under qualified workers,
• Provide more affordable housing for young, aged, or poor U.S. residents,
• The U.S. environment, lead to more productive use of the national resources,
• Wages and working conditions of U.S. workers,
• An important technology area that is likely to make profound national impact,
• Fundamental research with wide range of national applications.

In addition, evidence substantiating three of the following USCIS exceptional ability criteria is necessary.

• Evidence in the form of letter(s) from current or former employer(s) showing that the alien has at least ten years of full-time experience in the occupation for which he or she is being sought;
• A license to practice the profession or certification for a particular profession or occupation;
• Evidence that the alien has commanded a salary, or other remuneration for services, which demonstrates exceptional ability;
• Evidence of membership in professional associations; or
• Evidence of recognition for achievements and significant contributions to the industry or field by peers, governmental entities, or professional or business organizations.

I do not have a PhD can I still self-petition?

You do not need a PhD, postdoctoral experience, or any specific degree to apply for self-petition green card categories EB-1A and EB-2 NIW.  You can apply as long as you meet the USCIS criteria for either category.

Our DIY packets have been successfully used by advanced degree holders (BS, MS, PhD) from various professional fields, including the arts.

I am a student on F1, can I self-petition for a Green Card?

You do not need a PhD or postdoctoral experience to apply for self-petition green card categories EB-1A and EB-2 NIW. You can even apply on an F-1 visa, but you must still meet the USCIS criteria for either category. We know of several F-1 visa holders who have successfully filed an I-140 self-petition. However, there are some important things to keep in mind.

The F-1 visa is a nonimmigrant visa, meaning that the visa holder is not expected to have the intent to immigrate. When an F-1 visa holder applies for a green card, they are expressing their intent to immigrate. This may make it difficult to extend their F-1 visa while their green card application is being processed.

Do I need a STEM degree?

It is certainly not true that EB1A or EB2-NIW require the applicant to have a STEM (Science Technology Engineering and Management) degree. In fact people without a PhD degree can also apply in EB2-NIW or EB1A as long as they can justify their work under NIW criteria or extraordinary ability criteria set by USCIS. For example artists or medical practitioners can also qualify. We suggest you read the USCIS criteria for both EB1A and EB2-NIW

I have my PhD in International relations. Can I apply?

USCIS criteria does not discriminate based on your area of work, meaning USCIS criteria applies equally to a person working in chemistry or working in human relations. If your PhD work has substantial merit to justify that it is in the US national interest or if you can justify that it is extraordinary in nature (USCIS has criteria for judging both of these claims) then your application has a better chance in the EB2-NIW or EB1A categories. This is irrespective of which area your research is in.

Application Process

Can you explain the application process.

Applying for a GC is a two step process; 1) I-140 application and 2) I-485 adjustment of status application. In the first step, you petition for permanent residency and in the second you seek adjustment of status. These are described in detail below. In addition to these two applications, there are few other companion applications which applicants may decide to use depending on their situation.

The key difference between EB1A and EB2-NIW is the petition associated with i-140 application. In addition, it may help to mail an ETA-9089 form along with I-140 EB2-NIWapplication. Rest of the process is the same.

What is the process of self-petitioning for a GC?

In general the process is not very much different from other GC application processes. PhD’s have an advantage that they have a strong background to satisfy the USCIS requirements in the EB1A or EB2-NIW categories which allows them to self-petition for their green card. The key difference from the employer sponsored categories is that these categories can request an exception from labor certification requirement.

The actual process involves preparing a petition and applying an I-140 (petition for permanent residency) first. If the priority dates for your country and category are current, then you can simultaneously apply for I-485(adjustment of status). If not, you have to wait till they become current and apply for I-485. When you become eligible to apply for I-485, you can also apply for an EAD (employment authorization) and advanced parole (for travel purposes), if needed.

Do I only have to apply with the help of a lawyer?

Not necessarily. USCIS does not require you to apply with the help of a lawyer in the case of self-petitions. You can prepare the entire petition by your-self and apply on your own. This has multiple advantages. It saves money ($5k to $8k) and it also saves time in some cases (especially if you have to explain the importance of your field to the lawyers). A few applicants who have applied with a lawyer and by themselves (for example NIW with the help of a lawyer and EB1A by themselves) have felt that it is easier to do on their own. Some applicants have felt that a lawyer route is better approach, since they can tackle any unforeseen complications. However, we have seen a large number of successful self-petitioning applicants apply and succeed on their own. The best approach is to read the USCIS criteria and study some example petitions so that you can come up with a proper plan to apply on your own.

What evidence do I need to file an I-140 application?

I-140 petition is the key part of the GC application. Here the goal is to satisfy a sub-set of requirements listed by USCIS. Please see sections 1.7 and 1.8 for these USCIS criteria. You should prepare your documents that provide the justification and supporting evidence. For example in the EB2-NIW you have to satisfy at least three of the several USCIS criteria listed in 1.8. Examples of evidence would include an official academic record showing that the alien has a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to the area of exceptional ability. Information such as publications, references, citations, article reviews, reviewer comments, memberships, past or present job offers, remuneration, etc can all act as evidence. In addition you have to justify that your work is in national interest

Can I apply for multiple i-140 applications?

USCIS does not have any restriction on the number of I-140 applications you file either independently (self-petition) or through an employer. In fact one could file multiple I-140 petitions simultaneously or one after other. Decision of one application does not affect the other. For example you could self-petition in EB1A and EB2-NIW at the same time or self-petition in EB1A and have an employer file another EB2 petition. However, each of the application should be complete by itself and should be filed independent of the other. If you are also planning on filing an I-485, it is possible to file[1] only one I-485 with one of the I-140 applications. In case if the second one is approved earlier, it is possible to transfer the I-485 to the approved 140. I-485 transfers/interfiles sometimes happen automatically. A few applicants reported that interfiling has worked even when the first I-140 is denied.

How many recommendations do I need?

USCIS does not expect a fixed number of letters. Most successful applications have six to ten letters. Some applicants even use as many as ten to twelve letters. Sometimes more letters may be useful but not always. It is important to obtain letters from well known people in your field and letters that are strong. Letters from independent referees are also very useful.

Do I need external recommendations?

In the past USCIS had denied some petitions citing that all the recommendation letters are within the beneficiary’s collaboration circle. However, USCIS has later amended their decision and approved the cases citing it as an error. Therefore it is not absolutely necessary that you should have recommendations from outside your collaborators. In the past we have helped applicants with no external recommendation letters obtain approvals. However, if you can obtain one to three letters from outside, it is useful.

When can I apply for adjustment of status (I-485)?

You can apply for AOS when your priority date is current. If the priority date is current at time of I-140 application, you can apply for I-485 simultaneously or at any later date (of course the priority dates have to be current). You can find about the visa number availability and the dates in the visa bulletin published by DOS at their website.

How long does it take to get a Green Card?

How long it takes depends mostly on your nationality and the category of application, among other factors. Sometimes the processing center handling your application may also make a difference. You can generally make an estimate based on current processing times. Here is an example. During March 2013 Nebraska service center was approving the first stage of GC applications, I-140 (permanent residency petition), that were applied on or before Sept 16, 2012 for EB2 category. The estimate for I-485 (change of status to permanent resident after the I-140 approval) can also be found on the same USCIS web page. For example the same USCIS service center reports a 4 month time for 485 approvals. However, it does not mean that applicants who applied for their I-140 before Sept 16, 2012 could apply for their I-485. I-485 applications are accepted based on priority dates (the date of your original I-140 filing) and PR visa number availability. Priority dates for different categories and countries are usually listed in the current visa bulletin released by department of state every month[2]. For example, as of April 2013 (refer to April 2013 visa bulletin) priority date for EB2 for Indian citizens is Sept 01, 2004. Meaning applicants who applied for I-140 before this date are eligible to apply for their I-485. If they apply in March 2013, according to the USCIS I-485 processing times, their application is likely to be processed in 4 months. If we were to use EB1A category (priority dates are current in 3/2013, meaning I-485 applications are accepted anytime without wait) as an example, applicants who concurrently filed I-140 and I-485 on or before Sept 16, 2012 could get their GC sometime soon after 3/2013. These estimates would be correct as of 3/2013 and do not imply that there is always a long wait to get GC in EB2. Priority dates can change; sometimes they can retrogress or advance rather quickly depending on various factors from USCIS and DOS. However, this should give a general idea of how long the process takes.

Can I apply from outside the United States?

Both I-140 (permanent residency petition) and I-485 (adjustment of status) explicitly state that the applicant can be residing in the USA or abroad at the time of application. The applicant can potentially be from anywhere. The procedures for I-485 filing when the applicant is outside the US are slightly different and may require consular processing.

In case if myself petition is rejected, is it possible to go through an employer?

USCIS does not have any restriction on the number of I-140 applications you file either independently (self-petition) or through an employer. In fact one could file multiple I-140 petitions simultaneously. We recently helped one applicant file two I-140s (one in EB1A and one in EB2-NIW) and his EB2-NIW got approved. One can always file a new petition (again via an employer or independently) if an old one is rejected.

I only have a few publications. Can I still apply?

We have had people with three journal publications and four conference publications succeed in EB2-NIW. However, you will need to build a strong case. I-140 application is based on several other factors in addition to publications. For example, prizes/recognition, acting as a judge of others in the field etc will build a strong case. You can see USCIS website for criteria for EB1A and EB2 NIW. In general EB1A is hard with just 3-4 publications unless they are top-notch in your field with lots of referrals and they represent some thing of great importance. In short, publications are only one part of the application packet. If the publications are few, you should strive to build a strong packet with the rest of the evidence.

Forms etcetera

What forms do i need to know for gc application.

• I-140: To petition for an alien worker to become a permanent resident in the United States.
• ETA-750b: This form is used for employment certification and is generally filled by employer. In the case of self-petitioning, this form is usually not necessary but is optionally filled by some applicants.
• I-485: To apply to adjust your status to that of a permanent resident of the United States.
• I-131: To apply for a travel document or advance parole. This form allows you travel abroad while I-485 is pending.
• I-765: Application for Employment Authorization, to request an Employment Authorization Document (EAD).
• GS-325: To provide biographic information on an alien. This form needs to be included with I-485.
• I-134: To show that visa applicants have sponsorship and will not become public charges while in the United States.
• I-639: Report of medical examination. This is needed for I-485 examination and usually the medical practitioner provides this and fills it (or you should request one from USCIS and give it to your doctor).

That is a lot of forms. Is it complicated?

Yes, it is a lot of forms. But it is not at all that complicated. Filling all the forms is straight forward. You can do it yourself or you can use filled examples in our packet. The only lengthy step (certainly lengthy but not hard) is the petition that you submit with I-140. Even this is manageable with the help of example petitions.

Do I need to send a 750B or ETA 9089 along with EB2-NIW

In general EB2 requires labor certification, and it is usually done by a sponsoring company. However, if you self-petition for an EB2 in the NIW category, you can request to do without the labor certification process from the Department of Labor. However, USCIS suggests you to mail a filled ETA-9089 or ETA 750B form with the EB2-NIW application (please note the new form is ETA-9089 instead of ETA 750, which is still valid). You may attach a filled ETA-9089 or ETA 950B along with the I-140 packet. In this case you sign the form (not the employer).

Several people in the past have obtained their approvals without 750B or 9089 forms. However a few USCIS examiners may send an RFE (request for evidence) requesting for a filled ETA750B form. So it does not hurt to include one.

Need help? Or have suggestions.

Need help or have suggestions.

Please visit the Green Card Blog for Postdoc’s info or the website at scwebtech4u.com/Projects/green-card e for further help. Send us an email . Our team will be happy to answer your questions. The website has example petition packets (consisting of example petition, step-by-step “how to” guides, and filled example application forms) for the EB1A and EB2-NIW categories. These packets are built from our own applications. In most of our cases I-140 approvals were quick (sometimes as short as a month). In addition, our team has helped several of our friends in the past. With the help of our packets, several PhD’s have obtained approvals to their permanent residency petitions. We hope our efforts will be useful to you in your GC application process.

If you have suggestions on improving this document or if you like to report an error, please contact us. You can find our contact at our websites. You can help us help other PhDs.

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Do You Get a Green Card After a PhD?

If you are a Canadian citizen who recently obtained a PhD, you may be surprised to learn that this achievement may help to qualify you for a green card in the US.

If you are a Canadian citizen who is pursuing a United States green card, contact Total Law for assistance. Speak to one of our expert immigration advisers today. Call +1 844 290 6312 or use the online contact form to get in touch regarding the green card process.

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Page contents.

• Getting a Green Card With a PhD

How to Apply for a Green Card

How can total law help, frequently asked questions, getting a green card with a phd.

Once you complete your PhD program, your degree does not automatically grant you a green card in the US. However, having outstanding achievements such as a PhD can help you to qualify.

The most common green card categories for PhD holders to apply under are the EB-1A and EB-1B . These categories are both for those who have made significant contributions in their field and are not easy to qualify for.

They require extensive documentation to support your claim and these categories are carefully reviewed by USCIS.

This category is for foreign nationals who have extraordinary abilities and have made outstanding achievements in the areas of arts, science, business, or sports. Proof of your achievement may include an international award, significant commercial successes, or other international recognition.

When you apply for a green card through the EB-1A category, you may need to submit the following documents to meet USCIS criteria for eligibility:

• An international award
• Other international recognition such as major media articles or other published material
• Scholarly articles that were published in major trade publications or other major media.
• Proof of significant contribution or a leading or critical role in your field.
• Proof of international acclaim.
• Membership of an association or organization that requires the member to possess major significance in the field and exceptional ability.
• Recommendation letters from influential persons in your industry.
• Proof of a salary that is exceptionally larger than others in your position.

This category is for outstanding professors and researchers.

PhD holders who apply under this category may need to submit the following evidence:

• An international award or other international acclaim
• Proof of significant contributions in your research field.
• Membership in an organization that supports your claim for exceptional ability.
• Material published by other respected figures regarding your work in the research field.
• Proof that you hold a leading or critical role in your industry, such as participating as a judge for the work of your peers.
• Scholarly articles or other published work that appears in major trade publications or other major media.

In both EB-1 categories, you may be able to submit comparable evidence if your circumstances are unique. It is best to consult a qualified immigration lawyer to determine if you may be eligible to apply under this category.

Get in touch with our expert immigration lawyers to receive assistance with your case today Contact Us

Obtaining a US green card permits you to live and work permanently in the US as a foreign national. You do not need your PhD degree in order to apply under the EB-1 categories as long as you meet the eligibility requirements.

International students may choose to begin the green card process while they are still in a PhD program. Once you determine your eligibility, you must submit your required documents, petition, and fees to the USCIS. You can self-petition or if you have a US employer, they may be eligible to petition on your behalf

The application process for a green card can be lengthy because applicants must wait for priority dates to match up before they can submit their applications. Your priority date can not be expedited.

Applicants for green cards may need to wait up to twelve months to receive a decision. Some employment-based green cards may be able to be expedited in some situations with premium processing. If you have a permanent job offer from a US company, employer sponsorship may be a significant benefit over self-petitioning.

Take the first step. Request a Fact Finding + Expert Consultation Contact Us

With Total Law, immigration services are provided by our team of expert immigration lawyers. Get quality legal assistance to navigate the process to lawful permanent residence in the US.

Your Total Law advisor will provide you with up-to-date advice on current immigration law and help you to put together the strongest evidence to support your claim for a green card.

For further information, contact us today at +1 844 290 6312 or use our online contact form to get in touch with our team of qualified immigration lawyers.

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Related pages for your continued reading.

Eb1-2 visa for canadian citizens, how can a lawyer help me to become a permanent resident of the us.

An expert immigration lawyer such as Total Law can help you with the application process for a green card in a number of ways. They may advise you on the best route to take for your situation, let you know updates on current immigration laws, and ensure you have the correct documents and forms when putting together your application package.

Is a green card the same as United States Citizenship?

No, green card holders are not considered US citizens. A green card is proof that you are a permanent resident of the US, although you will not have the same rights that citizens have. If you are a foreign national PhD holder who intends to pursue United States citizenship, contact a qualified immigration attorney to assist you.

Will a STEM degree such as computer science help me to get a green card?

While a degree can help you to be eligible, it does not guarantee you a green card. What matters more is the quality and success of the applicant’s research, outstanding achievements, international acclaim, and significant contributions in their field of study or work.

Disclaimer: Total Law operates under different capacities in the various countries we cover, including as immigration consultants or lawyers; We connect clients with our network of immigration lawyers if we are not registered as a law firm in a particular country

New US Act would give STEM PhD graduates direct pathways to a green card

Here’s the latest US visa update for students looking to live and work in the country long-term: a bill recently passed by the House of Representatives will give STEM (that’s science, technology, engineering or mathematics) doctorate graduates a direct pathway to a green card. 

The America COMPETES Act intends to boost US manufacturing and research . The bill, originally aimed at combating US dependency on China for semiconductors, will exempt STEM PhD graduates from numerical limits on immigrant visas. On top of this, the bill aims to invest billions in the US tech sector, much of which could go to universities. 

Eligible individuals include international graduates from a US institute of higher education in a STEM field, or those with an equivalent qualification from a foreign university. They may be required to pay a 1,000 US dollar supplemental fee to fund scholarships for low-income local students in STEM sectors. 

Outside of international STEM PhD graduates, a new start-up visa category will be introduced for foreign entrepreneurs. To qualify, an entrepreneur needs to have an ownership stake of at least 10% in the start-up, which must be less than five years old. They must also show a minimum of US$250,000 in investments from US citizens or organisations or US$100,000 in government awards or grants.

International applicants may be required to pay a US$1,000 supplemental fee to fund scholarships for low-income local students in STEM sectors. Natalia Kolesnikova/AFP

NAFSA: Association of International Educators deputy executive director of Public Policy Jill Allen Murray welcomed the news, but noted that succinct information must be provided to give clarity to international graduates. 

“The America COMPETES Act must be reconciled with the US Innovation and Competition Act passed by the Senate last year,” she told The PIE News . “Neither bill includes language to expand dual intent for F-1 international students , which is a key policy for recruiting and retaining international students.”

Here, Murray refers to a US$250 billion bipartisan competition bill passed by the Senate last June , which the America COMPETES Act serves to complement. Last year’s bill aimed to boost US semiconductor production and the development of artificial intelligence and other technology. This was in response to growing international competition from China. 

“This is a strong commitment to attracting and retaining the top people globally to advance the STEM fields in the US and the innovation and excellence that shapes so many fields of endeavour,” added executive director of the American International Recruitment Council Brian Whalen. “Also, significant funding for Community Colleges will assist these institutions to continue to play a critical role in educating and training international students and professionals.”

US visa update: Calls for green card pathways for non-STEM graduates

There are concerns that the exclusion of non-STEM graduates from this bill may discourage the pursuit of such subjects in the US. Source: Ethan Miller/AFP

The new policy is being welcomed by international educators across the US. However, calls are being made for this to extend to non-STEM graduates. 

“We are also concerned about the ramifications of providing only STEM international students a path to a green card, as NAFSA believes strongly in the value of non-STEM majors to the US as well,” Murray said. 

Whalen agrees. He said that “for too long the US has approached international education policies in piecemeal fashion”, and that the Act “tries to take a broader view and a more inclusive approach by proposing to support the international student educational pathway in a more integrated way”.

Here, he refers to other entry points for international students, including K-12 schools, high schools, community colleges, undergraduate and graduate institutions of higher education, vocational and business training programmes, intensive English and pathway language programmes, short-term study abroad programmes, and volunteer, work and cultural programmes. 

“[The Bill’s] major shortcoming is that it does not address many of the international student entry and transition points that need to be valued and supported for the US to truly be a leading destination in the world for international students,” he explained. 

Executive director of the Presidents’ Alliance on Higher Education and Immigration Miriam Feldblum added a call for changes that “enable a direct path to green cards for international student alumni, eliminate the green card backlogs, and prevent future backlogs”. 

“We believe that this should include more than STEM PhDs – with priority given to those with PhDs, master’s, bachelors and associates degrees from US higher education institutions, and represent the wide range of fields of study needed in our economy,” she said.

The value of non-STEM degrees

Skills such as communication and critical thinking are greatly valued by employers, and mostly prevalent in an arts or humanities education. Source: Charly Triballeau/AFP

The stigma against the arts and humanities have set a discouraging narrative for students who wish to pursue an education in such subjects. In a globally competitive landscape, the market value of such degrees are despairingly low, prompting students to chase after more traditionally-hirable STEM pathways. 

Still, the value of an education in the arts and humanities cannot be understated. “As computers behave more like humans, the social sciences and humanities will become even more important,” two top executives at Microsoft said . “Languages, art, history, economics, ethics, philosophy, psychology and human development courses can teach critical, philosophical and ethics-based skills that will be instrumental in the development and management of AI solutions.”

On top of that, George Anders, a former technology reporter for Forbes, found that humanities graduates were more sought after by hiring managers at the biggest tech companies in the US. 

“Uber was picking up psychology majors to deal with unhappy riders and drivers,” he said. “Opentable was hiring English majors to bring data to restauranteurs to get them excited about what data could do for their restaurants. I realised that the ability to communicate and get along with people, and understand what’s on other people’s minds, and do full-strength critical thinking – all of these things were valued and appreciated by everyone as important job skills, except the media.” 

Of course, graduates without a background in the arts and humanities are capable of being excellent communicators and critical thinkers. Still, there is a growing concern that STEM students are not being equipped with the soft skills they need to succeed after graduation. 

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H-1B for PhD Holders and Students

Immigration Guides | Richard Herman

The H-1B is one of the most popular employment-based visas among future workers pursuing higher education, but due to its high demand, it can be challenging for foreign students to get it. So, if you like many other foreign students and foreign workers have at least bachelor’s degree or an advanced degree, you might be asking whether it is easier to get an H-1B for PhD holders and students.

To answer some of your questions, we’ll go over the H-1B process and emphasize the areas where having a PhD may give you the competitive edge you need to work in the U.S.

H-1B For International Students and PhD holders

If you are a PhD holder or student considering getting an H-1B visa, here is a basic overview of the application process.

The H-1B visa is designed for international students and workers with specialty occupations. To be considered eligible, a foreign national must have a job offer from a U.S. employer for a specialty position and at least a bachelor’s degree and a higher degree in a related field.

What you need to know is that foreign nationals cannot self-petition for an H-1B visa for PhD holders. Instead, the US employer needs to offer you a job and file the H-1B petition on your behalf, and get a  Labor Condition Application .

Labor Condition Application LCA

The latter form for LCA is filed with the Department of Labor and ensures that your employer will pay at least the prevailing wage. Also, the employer attests to the Department of Labor that hiring you will not adversely affect other employees that currently work for the sponsoring company.

H-1B Lottery

The sponsoring employer cannot file I-129 form until April 1st of the year that the foreign national intends to work. Upon correctly filing the petition, it will be entered into a pool from which 85,000 will be randomly chosen in the H-1B visa lottery.

The 85,000 is the annual H-1B limit per fiscal year where the 65,000 is for the regular cap and the 20,000 is subject to cap-exempt petitions (for H-1B visa holders holding a master’s degree or higher from a US university).

There has been many controversials about the H-1B process. While Trump administration intended to end the H-1B lottery, but was forced to change its policies, the U.S. Department of Homeland Security DOL announced an interim final rule (IFR) that strengthens the H-1B nonimmigrant visa program in order to protect U.S. workers and citizens.

H-1B Processing

If the filed H-1B petition is selected, it will go on to processing. The processing may take up to six or seven months, but the U.S. Citizenship and Immigration Services USCIS offers an optional service called premium processing.

If you choose the premium processing, USCIS will process your application within 15 days. Once your petition is approved, you will be able to start working as an H-1B nonimmigrant on October 1st of that current year.

H-1B Rules for PhD Holders

The H-1B visa process for PhD holders is not always different from the process for other international students and international workers.

Still, you will see that you have an advantage in the lottery as a PhD holder. As we mentioned previously, your petition will be cap-exempt.

The reason is that the H-1B lottery is divided into two stages:

• The advanced degree cap
• The regular cap.

The USCIS will select 20,000 petitions for petitioners that obtained advanced degrees. H-1b petitions for advanced degrees that USICS hasn’t selected in the first phase will be re-entered into the regular cap. This way, you will have a second chance at being selected.

There have been various proposed rule changes and legislation affecting H-1B visas. But for our topic, the most important is Congress’s consideration to exempt foreign-born PhD degree holders from the annual quota.

For this purpose, the Stopping Trained in America PhDs from Leaving the Economy (STAPLE) Act is designed.

Stopping Trained in America PhDs from Leaving the Economy or the Staple act makes significant steps in retaining foreign workers who earned their PhD degrees in the US universities and now seek jobs in the U.S..

A bill seeks exemption for foreign-born professionals with a PhD in science, engineering, technology, or mathematics, from an institution that qualifies as a United States institution of higher education, from the cap limit on the number of employment-based green cards and H-1-B visas annually.

Trained in America PhDs from Leaving the Economy (STAPLE) Act will have the highest benefit for Indian students, which constitute the most significant number of students doing PhD and pursuing STEM degrees (science, technology, engineering, and mathematics) in the U.S.

Thousands of high-skilled jobs are going unfilled in the U.S., and the STAPLE Act would ensure American companies hire the most talented foreign nationals on H-1B visas. By stapling a green card or visa to the PhD diplomas, foreign professionals can remain in the U.S. working for the U.S. employers, invent and inovate new discoveries while contributing to the U.S. economy growth.

Employment-Based Green Cards

If you consider getting the H-1B visa, you may find it is not as easy to obtain your employment-based green card as you thought it would be as a PhD student. As for all other petitioners, there is a lot of paperwork to go through, many rules to follow, and many categorizing to do.

If you don’t know precisely what you are supposed to do to get your PhD green card, here is the short overview.

Can An International student Get Green Card After PhD?

The short answer is YES- a PhD student may apply for a green card!

But, to obtain a green card with your advanced degree, you will have to prove that there is a good reason to be allowed to stay in the U.S.

Here is a short guide on how a student may apply for a green card.

The EB-1 green card is at the top of preferences and one of the most popular options for obtaining permanent residence as a PhD student or holder.

If you are eligible for the EB-1, you will no longer need your sponsoring employer to undergo the PERM process. The EB-1 is divided into three categories:

• EB-1C, which

EB-1A and EB-1B are for students and PhD holders, while EB-1C is intended for higher roles in multinational companies such as executives and managers.

This option is intended for those who show extraordinary talent and achievements in various areas (arts, science, business, athletics, etc.).

This one is designed for professors and outstanding researchers. Compared to the previous one, the EB-1A, this one tackles a much narrower group, but, the requirements that petitioners have to meet are not as high.

Eligibility

Required documents.

To apply for a PhD green card, you must submit specific documentation, depending on the type of green card you want to apply for.

If you chose the EB-1A:

• An award showing that you got national or international recognition.
• Scholarly articles published in a trade or professional journal.
• Evidence of significant contribution in regards to your practice.
• Material written by others detailing your abilities.
• Playing a crucial role in a recognized organization.
• Evidence that you are a member of an association/organization that requires the member to have extraordinary abilities.
• Having experience as a judge of the work provided by other people working in a related field.
• Having a fairly large salary indicating your competence in the field.

Do PhD Holders Have Other Options?

You may assume that the H-1B might seem like the ideal visa for PhD holders, except for the relatively small chance of being selected in the random selection process. This, surely, can be an obstacle forcing you to think about other solutions.

Fortunately, there are alternatives that you can consider.

The J-1 is program-based, meaning that your sponsor can be an educational or research entity that is especially useful for PhD students. But, this visa has the home residency requirement meaning that after your stay in the U.S., you must return to your home country and spend a minimum of two years there. Upon expiration of this period, you may re-enter for another visa or lawful permanent residence. Although, some petitioners can get a J-1 visa waiver.

O-1  is a dual intent visa reserved for foreign nationals with extraordinary achievements in specific fields provided on a USCIS list of evidence that can demonstrate your achievement.

The main benefit of this visa is that it can be renewed indefinitely.

F-1 is a student visa usually used by international students who want to pursue PhD at U.S. universities. Once obtained, the visa is valid for a certain time after your graduation, and STEM (science, technology, engineering, and mathematics) degrees holders may stay longer.

How An Attorney Providing Immigration Services Can Help You?

U.S. immigration law provides a lot of opportunities for foreigners, but it is complex and the smallest mistake could cost you losing your opportunity to get the desired visa. Although an attorney cannot guarantee success in the way you may think, it is highly important to hire an experienced immigration attorney who will handle your case, and give you the best legal advice according to your personal situation. Seek out counsel from the  Herman Legal Group , a law firm with over 25 years of experience in representing individuals, families, and companies in all aspects of immigration law, in all 50 states and around the world. Schedule a personal consultation with Attorney Richard Herman by calling  1-216-696-6170 , or by   booking online .  Consultations can be conducted by zoom, skype, whatsapp, facetime, or in-office.

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Green Cards for Postdoctoral Researcher Scholars: Easier to Obtain a Green Card on H-1B than on J-1?

Many postdocs working in the U.S. as research scholars are here on the J-1 visa. The J-1 visa is a temporary visa classification, and it actually does not allow for dual intent. Dual intent refers to the idea that a foreign national can hold a particular temporary visa classification and have the permanent residence (green card application) underway at the same time. The dual intent doctrine applies to the H-1B, L-1, O, and P categories, and is also recognized for persons with E status. However, the doctrine of dual intent does not apply for persons holding J-1 status. It is technically possible to start the green card process while in J-1 status, but once the immigrant visa petition is filed (the I-140 petition if filing through the employment based process, such as the EB-1 Alien of Extraordinary Ability or EB-2 National Interest Waiver petition), you cannot extend the J-1 status, and you cannot travel outside the U.S. and re-enter in J-1 status.

On the other hand, it is possible extend H-1B status or travel on the H-1B visa and file an EB-1 or NIW petition (or any other permanent residence filing for that matter). Because of that, it is sometimes said that it’s easier to file the EB-1 or NIW when you hold H-1B status, rather than J-1 status. This is partially true: it is easier in the sense that you can still extend your status and travel internationally while in H-1B status. On the other hand, the actual process of gathering the required evidence, assembling the petition, etc is not any harder or easier regardless of your immigration status.

A few other points for postdocs or research scholars considering permanent residence to consider:

• Sometimes J-1 visa holders are subject to a two year home residency requirement (212(e)). There are J-1/212(e) waivers available, but you should make sure that you have obtained the waiver or satisfied the requirement before filing the I-485 application for adjustment of status.
• Once you file the I-140 petition (or I-130 petition if filing through a family-based process), you will not be able to extend your J-1 status or travel and return to the U.S. on the J-1 visa. Therefore you should carefully consider the timing of your filing. It’s certainly not impossible to file for a green card while you are in J-1 status, but it’s important to come up with a long-term strategy before filing.
• In some instances, a postdoc plans to ultimately change status to H-1B or O-1 status anyway, in the near or longer-term future. If that’s the case, it sometimes makes sense to wait until near the end of the J-1 status to submit the green card application.

The bottom line is that while there are benefits to filing for permanent residence while in H-1B status, it can be done while a person is in J-1 as well. Sometimes the benefits of having a green card in hand sooner outweighs the challenges associated with the process. If you are interested in starting the permanent residence process, please email your updated resume to [email protected] . We offer evaluations and consultations for professors and researchers interested in the EB-1 and NIW options. We look forward to hearing from you!

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Is it easier to obtain H1B / green card as academics in the US?

I am a social science PhD student (with a quantitative bent) at a U.S. research university. If paperwork is not a concern, I would be equivalently interested in working as an academic and in private industries. However, one of my goal is to be able to stay in the U.S., thus to craft my plan I hope to know whether it is indeed easier to obtain H1B / green card as an academic than as a PhD-holding employee? My industry-relevant skill-set is statistical training and programming.

While this question has far-reaching relevance for any typical international PhD students, I would also be willing to give more details regarding my training, my school reputation, etc. if it helps answering the question.

P/S: This is throwaway account for anonymity. I have been an avid user of StackExchange and would love your input.

• united-states
• international-students

• 1 This question seems more about immigration law than academics. That said, I have an answer for it, but I'm happy to remove mine and close if the community deems it so. –  Suresh Commented Apr 10, 2014 at 1:12
• I am aware of the legal process but unsure about the relative ease in real life of obtaining H1B / greencard as an academic. Hence this question is better answered by academics / PhDs who have gone industry than by a lawyer –  Aaron Commented Apr 10, 2014 at 2:25
• What does your current university/acad institution say? Did you get in touch with the immigration attorney which many universities have on retainer? –  dearN Commented Apr 13, 2014 at 14:25
• I think that the answer to this for academics per se is very different from most others, therefore I think this is an appropriate venue for it. –  Superbest Commented May 24, 2014 at 2:55

3 Answers 3

First of all, IANAL.

The H1B process requires a declaration from the employer that the skill set provided by the candidate cannot be found within the US. This is typically not too hard to satisfy, and is required regardless of whether you're in academia or in private industry.

The Green card process can change dramatically depending on which process you use. Academics will typically go through what is execrably called the 'Outstanding Researcher' process, which awards a green card based on scholarly excellence. But Ph.Ds in private industry also go through this process (I did!). It really depends on the willingness of the employer (because of the legal processing involved).

The alternative is to go through the "regular" advanced degree process, which has different qualification requirements and has a different queue/wait time. Arguably, this could take longer, and I don't think academics ever go through this.

So the bottom line is: it depends on the employer, but there's a technical sense in which being an academic can help slightly.

• So given all these articles I read on the NYTimes about the tech industry complaining that there's not enough quota, you think that it's relatively easy to obtain one when working in industry? –  Aaron Commented Apr 10, 2014 at 2:26
• 1 It depends on the industry, the location, and other factors. From what I've heard, getting an H1B in tech is still relatively easy. But that's in tech. –  Suresh Commented Apr 10, 2014 at 5:45
• I believe that H1B visas for faculty are not subject to the annual cap on the total number of H1B visas (at least they weren't in past years when this was a significant issue in hiring faculty in our department.) –  Brian Borchers Commented Feb 21, 2015 at 18:32
• 1 @Suresh when you said "Outstanding Researcher" process, do you mean EB-1 visa? Also, how good is good enough for EB-1? Let me know if I should post this as a separate question. Thanks. –  user119361 Commented Mar 10, 2020 at 18:21

My understanding is that Universities and other academic insitutions (for example, the research hospital in which I work) are not subjected to caps on the H1B that companies are so it should be easier to get one if you follow the academic route.

• 1 you are right ,all non profit institutions are exempt from H1B cap. –  Boncek35 Commented Apr 13, 2014 at 21:37
• 1 But not all universities are non-profit (but they're probably not the kind to sponsor an H1B). –  Jeremy Miles Commented Apr 14, 2014 at 5:40

The Green Card is a different matter, but for an H-1B: It is indeed easier.

There is a cap for the number of H-1Bs awarded every year. The cap for 2013 was 85,000, and 124,000 people applied. When too many applications are eligible, assignment is made by lottery.

However, non-profits are not subject to caps, and universities count as non-profits. See: http://internationaloffice.berkeley.edu/h-1b_faqs#10

It is probably not easier in the sense that the employer follows the same procedure and pays the same fees. However, there is no risk of not receiving an H-1B that you are perfectly well qualified for due to the cap. Also, universities are more likely to have access to people who know the process, unlike small companies which may be overwhelmed by the paperwork and byzantine regulations (especially if you are their first international employee).

• @ff524 Even though you rejected the edit pertaining to this, it looks like I was in fact wrong. The number of applications is not on the order of a million : Last 2 years were 134k and 124k, while 2014 predictions were 160k, the record being 201k in 2001. –  Superbest Commented Sep 15, 2014 at 22:17

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U.S. Green Card Tips for Researchers

According to the US Citizenship and Immigration Services (USCIS), there are various categories for employment-based green cards . Researchers and professors can choose from EB-1A, EB-1B, and EB2-NIW depending on the different eligibility criteria. Ideally, these categories are preferential depending on the  exceptional qualities of the scholar . The EB first preference (EB-1A) is a visa for foreign nationals who possess extraordinary abilities in a particular scholarly field or sciences, arts, education, business, or athletics. It could also apply to multinational executives . The EB-1A is a self-petitioned visa that is extremely restrictive.

Understanding the EB-1 Classification

The EB-1B is a visa classification that is awarded to an internationally recognized foreign national. Both, residents and non-residents of the United States qualify for this visa classification. Unlike the EB-1A, this is an employer-sponsored visa. The employer, in this case, must demonstrate that the concerned person has extraordinary abilities in his/her respective field and has a permanent job offer from the employer. Presently the  USCIS stipulates three critical requirements that the scholars must satisfy for consideration.

• The researcher ought to have international recognition and outstanding achievements in his or her area of specialization.
• He/she should have at least three years of relevant experience to qualify.
• Finally, he/she should have a job offer for a permanent position (may change under few conditions).

Green Card Based on National Interest Waiver (EB2-NIW)

For most applicants in this category, it is necessary to have a permanent job offer and an approved labor certification. Nevertheless, NIW allows these requirements to be waived. As a result, a researcher can apply without a labor certification or employment offer from U.S employers. However, filling out this particular waiver requires an applicant to have either an advanced degree or outstanding ability in a scholarly field. Additionally, the scholars must be persuasively convincing that their achievements will hold national importance. It would demonstrate the necessity to waive requirements.

Useful Tips for Applying in Different Categories

It is not always simple for a researcher or a professor to succeed in applying to the different categories of employment-based green cards. Here are some tips to help well-meaning professionals streamline the process . Whether a researcher is a foreign national living abroad or based in the United States, these tips can help make a seemingly complicated process a little less stressful:

• Write a thorough and persuasive academic achievement document indicating whether you are a Masters or a PhD degree holder.
• Apply promptly. Make sure to keep documents ready and apply as soon the application window has opened.
• Provide clear attachments of your publications in reputed journals, demonstrating your contribution in the area of specialization.
• Have an option to hire an attorney to help you guide through the legal affairs concerning the application. However, the solicitor will likely charge a fee depending on the services required. You can also check whether do-it-yourself (DIY) packages can support you through this process.
• Consult widely with the employer tabling the job offer for proper representation. It is especially essential in the case of EB-1B.
• Correctly fill in form I-140.

After the Process is Complete

After you submit your application, the  USCIS will review the application and schedule interviews with the shortlisted candidates. Furthermore, in some instances, like the EB-1B application, you have to get a willing U.S employer to sponsor you for the visa. Additionally, the employer will also be required to file labor certifications. After completing this process with positive results, the researcher can immigrate to the United States and start a new life as they continue with their academic achievements and contributions. During the application process, some procedures are in line with national interests of the U.S. For best results, it is advantageous to adhere to these procedures throughout the entire application process.

Have you considered applying or have already applied for the discussed visa categories? We would love to know your experience and tips. Share your thoughts in the comments section below!

Thanks for explaining how there are various application categories for green cards that each require different eligibility criteria and the one that is chosen depends on the scholar’s qualities. When choosing one, you might want to make sure you know the requirements so you can figure out which one best fits you and your situation. While you do this, it might help to work with a professional that specializes in green card services so you can discuss your situation and get answers to your questions in order to make sure you choose the right one and fill out everything correctly.

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Seven ways to get your green card in the united states.

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Permanent Resident Green card of United States of America..

A foreign citizen seeking to live permanently in the United States requires an immigrant visa. This is sometimes called getting a green card. Here are the seven best ways to get your green card in the United States.

1. Marry Your Way In

To be eligible to get a green card this way, a foreign citizen must be sponsored by an immediate relative who is at least 21 years of age and is either a U.S. citizen or U.S. lawful permanent resident. Marriage is a common way this is done, but the marriage must be genuine and not simply undertaken for immigration purposes—intent is key.

Actually, speaking more generally about this way of immigrating, there are two types of family-based immigrant visas :

Immediate Relatives – these visas are based on a close family relationship with a U.S. citizen, such as a spouse, child or parent. The number of immigrants in these categories is not limited each fiscal year. Processing is done expeditiously—usually taking say around a year or so.

Family Preference – these visas are for specific, more distant, family relationships with a U.S. citizen and certain specified relationships with a lawful permanent resident. The number of immigrants in these categories is limited each fiscal year. Processing takes longer, usually for years—sometimes decades.

Best High-Yield Savings Accounts Of 2024

Best 5% interest savings accounts of 2024, 2. invest your way in.

The EB-5 direct investor program currently enables investor immigrants to get green cards by investing as little as $ 500,000 in their businesses, provided they create ten new jobs. This opportunity is temporary and is likely to close by the end of the year with the amount required likely to go up to $ 900,000 as it was before. A regional center variation of this program is currently closed and awaiting reopening by Congress.

3. Transfer Your Way In

Think Toyota sends its Tokyo manager to New York to manage its New York Office. That is a classic example of an inter-corporate transfer that can result in a green card. Your petitioning employer must be a U.S. employer and intend to employ you in a managerial or executive capacity. The petitioner must have been doing business in the U.S. for at least 1 year, as a legal entity with a qualifying relationship to the entity that employed you abroad in a managerial or executive capacity. No labor certification is required so this is a highly desirable way to get a green card.

Study your way in.

4. Study Your Way In

Get a student visa to study at a U.S. college to get a bachelor’s or master’s degree. That will entitle you to a one-year post-graduate work permit called Optional Practical Training . Following the one year, get your boss to apply for an H1B work visa for you. Then, get the boss to apply for labor certification from the Department of Labor evidencing that there are no American workers who are ready, willing and able to take the job. Then apply for a green card through the Department of Homeland Security U.S. Citizenship and Immigration Service. This is a long and winding road, full of agony, but it may be the only option for many applicants, especially those who have skills but little money to invest and no family in the USA.

5. Work Your Way In

Either apply for a H1B work visa and then get a green card through labor certification as described in the student example, or apply for an EB-2 extraordinary worker green card based on a national interest waiver.

H-1B applicants who perform services in a specialty occupation, services of exceptional merit and ability relating to a Department of Defense cooperative research and development project, or services as a fashion model of distinguished merit or ability can then obtain green cards if their employer will apply for labor certification and then sponsor them for a green card. Again, this is an arduous route starting with a lottery in most H1B cases, and limited in numbers per year. If the job is related to a college, nonprofit affiliated with a college, a nonprofit or U.S. governmental research organization, or an organization that requires the H-1B employee to work at one of these first three categories of employers, however, there is no limit in terms of numbers. That said, an H1B visa route is the least desirable way to get a green card because it is so complicated.

The beauty of an EB-2 application is you can self-petition for a green card and you are not reliant on a job offer. In addition to providing evidence of an advanced degree or exceptional ability, you must also meet the national interest waiver criteria, namely that the proposed endeavor has both substantial merit and national importance, you are well positioned to advance the proposed endeavor, and it would be beneficial to the United States to waive the normal requirements of a job offer, that is to say, a labor certification. In addition, certain nurses and physiotherapists can take this route to a green card without labor certification if offered a job in those professions.

6. Achieve Your Way In

Drake is someone who would qualify as an extraordinary worker to get a green card. (Photo by Mike ... [+] Marsland/WireImage)

Follow the path of international achievers like Drake or Ryan Renolds who can get green cards because of their achievements. These usually involve individuals who have won internationally recognized awards like an Oscar, Grammy, or Pulitzer Prize or have risen to the very top of their profession or calling. Generally speaking, such extraordinary ability applicants are celebrities in their field.

7. Win Your Way In

Apply for a green card under the annual Diversity Green Card Lottery where 55,000 applicants are chosen to apply to come to the U.S. These are applicants from countries that are under-represented in terms of immigrants coming to America—countries like Estonia, Fiji or Ukraine for example.

If an applicant does not fit into any one of these ways, sometimes a spouse may have the required credentials. Either way the immediate family members of the applicant also get green cards in the process. The descriptions above are very general—any option so chosen should be further researched to nail down all the details involved.

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Home > Blog > H-1B Visa

H-1B for PhD Holders and Students

Last Updated On: October 10, 2023 | Published On: November 22, 2017

The H-1B is a highly-coveted visa that can be difficult to get. Because of this, many of those with advanced degrees ask a common question: are it easier to get an H-1B for PhD holders and students? In this post, we’ll go over the H-1B process and highlight the areas where having a PhD may give you the competitive edge you need to work in the U.S.

H-1B Overview

If you are a PhD holder or student who is considering getting an H-1B visa, here is a basic overview of the application process.

The H-1B visa is a nonimmigrant visa designed for foreign nationals with specialty occupations. To be considered eligible, you must have a job offer for a specialty position and at least a bachelor’s degree in a related field. For the most part, “specialty position” refers to a job that requires at least a bachelor’s degree to perform.

Because a sponsoring employer is required, you cannot self-petition for an H-1B visa for PhD holders. Your employer will need to fill out and file an I-129 petition on your behalf and also get a Labor Condition Application for you. The latter form is filed with the Department of Labor and serves to ensure that you are being paid at least the prevailing wage and that hiring you will not adversely affect other employees.

Your employer should know that the I-129 cannot be filed until April 1st of the year that you intend to work. On that day, your petition will be placed in a pool from which 80,000 will be randomly chosen in what is known as the H-1B visa lottery .

If your petition is chosen, it will go on to processing, which may take up to six or seven months. If your petition is approved, then you will receive a notification and you will be able to start working as an H-1B nonimmigrant on October 1st of that same year. If six months is too long, you can always pay an extra fee for the premium processing service. However, you should always consult your immigration attorney to determine if this will be appropriate for your case.

What Are the Rules for PhD Holders?

While the H-1B process for PhD holders is not necessarily different from the normal process, you will find that you have an advantage in the lottery. This is because the lottery is broken down into two stages, the advanced degree cap and the regular cap.

Once all petitions are in, the USCIS will randomly select 20,000 petitions for those that have advanced degrees. Those petitions for advanced degrees that were not selected in the first stage will be re-entered into the regular cap, essentially giving you a second chance at being selected.

There has been talk about making an exception for PhD holders. The Stopping Trained in America from Leaving the Economy Act (or STAPLE Act) has bee introduced by two congressmen into the House of Representatives. It aims to excuse PhD holders from the limits placed on H-1B visas and green cards provided that they have s STEM degree (science, technology, engineering, and mathematics). The reasoning behind this is to keep highly-skilled workers with PhD’s in the U.S. to benefit the economy by facilitating their immigration.

While this change would be beneficial for getting an H-1B for PhD holders, the current administration has taken measures to restrict access to the H-1B visa with the intention of increasing the number of U.S workers that are hired. The result of this opposition is yet to be seen.

H-1B to Green Card for PhD Holders

Now that you have your H-1B, you may want to pursue avenues that make your stay in the U.S. more permanent. For that, you want to go for an employment-based green card . The two most common green cards for H-1B holders are:

EB-3: this green card is meant for those with bachelor’s degrees as well as both skilled and unskilled workers. As a PhD holder, you are probably more than qualified for this green card.

EB-2: To be considered eligible for this green card, you must either have an advanced degree or be able to demonstrate exceptional ability in your field. Because you are an H-1B holder with a PhD, this is likely the ideal option for you due to the fact that the EB-2 generally has a much shorter waiting period.

Once you choose your green card, your employer must file an I-140 petition on your behalf and also obtain a PERM Labor Certification . The PERM is very similar to the LCA, though it is much more involved. To get the PERM, your employer will need to post job ads for your position and interview likely candidates with the intention of filling your position with a qualified U.S. worker.

When the USCIS receives your I-140, that date will be marked as your priority date. Check this against the final action dates given for your country and green card category according to the monthly visa bulletin released by the Department of State. Once your priority date matches or passes the final action date, you will be able to adjust your status or go through consular processing.

Because you are already in the U.S. under an H-1B for PhD holders, you are given the option to adjust your status, which simply involves filing an I-485 to adjust from nonimmigrant to immigrant status.

You can also choose to go through consular processing, which means that you must go to a U.S. Consulate or Embassy in your home country to take part in an interview with a consular officer. Despite its apparent complexity, this may be the cheaper and faster alternative depending on your unique situation.

Alternatives to the H-1B for PhD Holders

While the H-1B might seem like the ideal visa for PhD holders, the competitiveness of it combined with the relatively small chance of being selected for the lottery can present obstacles. Fortunately, there are alternatives to consider that may be more appropriate based on your circumstances.

The J-1 is program-based rather than employer-based, meaning that an educational or research entity can sponsor you. This is especially useful for PhD students, physicians, and anyone else who’s work involves a program on the J-1 list.

The caveat for this visa, however, is the home residency requirement. This means that, after your stay in the U.S. under J-1 status, you must return to your home country and spend a minimum of two years there before returning to the U.S. for another visa or green card.

The way to bypass this requirement is to get a J-1 visa waiver, which you can do by reading this post about the J-1 visa home residency waiver . Additionally, keep in mind that the J-1 visa does not have dual intent, meaning that you cannot pursue a green card while under J-1 status.

This nonimmigrant visa is reserved for foreign nationals with extraordinary achievement in certain fields. The USCIS provides a near-comprehensive list of evidence that can demonstrate your achievement. If you have held your PhD for some time and have published material in your field, you may qualify.

The main benefit of the O-1 visa is the fact that it can be renewed indefinitely. It is also a dual-intent visa, so pursuing a green card will not incur consequences.

Put simply, this is a student visa. If you are on your way to a PhD, you can apply for an F-1 to study in the U.S. Your visa will be valid until a certain time after your graduation and those with STEM degrees may stay longer. This visa is not dual intent and you will need to switch to another visa, such as the H-1B for PhD holders, in order to apply for a green card.

How VisaNation Law Group Immigration Attorneys Can Help

When it comes to the intricacies of immigration law, there is nothing more valuable than having a seasoned expert in your corner. In order to make sure that you are taking the best route and avoiding any unnecessary and expensive complications, the best thing to do is to hire the services of an immigration attorney.

At VisaNation, there is no shortage of experience that you can take advantage of throughout your H-1B process. VisaNation Law Group lawyers have helped hundreds of individuals like yourself obtain their H-1Bs and similar visas using our optimized methods.

To contact a VisaNation Law Group attorney, you can fill out this form to schedule your consultation with our office today.

Tags: H-1B cap , H-1B Lottery , H-1B Rules , H-1B Sponsorship

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Green Card Options for PhD Holders

By: Navdeep Meamber and Samapika Dash

Due to their qualifications and experience, foreign national PhD holders may qualify for green card categories that have relatively faster processing times, like EB-1A, EB-1B, and EB-2 (national interest waiver). These categories of US permanent residency are desirable because they do not require the time-consuming labor certification process. However, these green card categories are competitive, and not every PhD holder will qualify.

What is Labor Certification?

Labor certification is a step in the employment-based green card sponsorship process that is only required for certain worker categories. To ensure that hiring a foreign worker does not displace US ones, employers must prove during labor certification that there are no minimally qualified US workers that can take the position offered to the foreign national.

While the timeline can vary by state, it may take six months to three years to finish the labor certification process. Green card categories EB-1A and EB-1B, and EB-2 (national interest waiver) do not require traditional labor certification, which means that these foreign nationals can obtain their green cards more quickly.

EB-1A: Extraordinary Ability 

To qualify as having extraordinary ability for the EB-1A visa, an applicant must have “sustained national or international acclaim” in the sciences, arts, education, business, or athletics. Extraordinary ability refers to a small percentage of individuals who have risen to the top of their fields. Applicants should play a critical role in their organization and significantly impact its activities. Additionally, the foreign national will need to continue their research at organizations or establishments with distinguished reputations.

To demonstrate their achievements, EB-1A applicants must present extensive documentation during the application process of either:

• One-time achievement with a major internationally recognized awards such as a Pulitzer, Oscar, or Olympic medal, or
• At least three of the 10 accomplishments listed below, or similar, in their professional field:
• Recipient of prizes or awards that are nationally or internationally recognized for excellence on a lesser scale.
• Member of associations in the field which require outstanding achievement for membership.
• Subject of published material in professional publications, major trade publications, or other major media.
• Service as a judge of the work of others, either individually or on a panel.
• Contributions of major significance to scientific, scholarly, artistic, athletic, or business-related field.
• Authorship of scholarly articles appearing in professional publications, major trade publications, or other major media.
• Work displayed at artistic exhibitions or showcases.
• Performance of a leading or critical role in distinguished organizations.
• Recipient of a high salary or other significantly high compensation compared to others in the field.
• Commercial successes in the performing arts.

To qualify for an EB-1A visa, PhD holders should closely document their research work, achievements, citations, publications, presentations, and conferences attended. Additionally, PhD holders can get recommendation letters from their professors and others who can attest to their distinguished work.

Application Process : With EB-1A green cards, a job offer and labor certification are not required. This means that an applicant can self-petition, and the visa processing time can be much faster.

EB-1B: Outstanding professors and researchers 

EB-1B green cards are designed for outstanding professors and researchers with a US job offer that requires either extensive research or the supervision of researchers. Applicants must have also received international recognition for outstanding achievements in their academic field. Additionally, they must meet at least two of the six criteria listed below:

• Recipient of awards or major prizes for outstanding achievement.
• Member of associations that only accept members that have outstanding achievements.
• Coverage of their work by others in professional publications in the same field.
• Service as a judge of others’ work in the same or a related field.
• Contributor of original scientific or scholarly research in the field.
• Writer of scholarly books or articles in the field. Articles must be in scholarly journals with international circulation.

Supporting documentation can include things like publications, presentations, and reports of research work. Research must add to the general knowledge in the field. It can be accepted for publication, presentation, funding, or academic credit. To prove the importance of the applicant’s work, the application can prove that the work has been frequently cited by independent researchers or has otherwise contributed to progress in the field.

To sponsor an EB-1B worker, an employer must show documented accomplishments and employ at least three full-time researchers.

Application Process: US employers must file a Form I-140, Petition for Alien Worker to sponsor an EB-1B worker. As part of the application process, employers must be able to demonstrate a continuing ability to pay the foreign national’s offered wage as of the date their application is received, or its priority date. Employers can use an annual report, federal income tax return, or audited financial statement to demonstrate a continuing ability to pay the prospective EB-1B visa holder’s wage. No labor certification is required. 

Eb-2: National Interest Waiver 

The EB-2 national interest waiver is popular with PhD holders because no job offer is required, and individuals may self-petition. National interest waivers are usually granted to those who have exceptional ability and whose employment would greatly benefit the United States. The application must show an urgent national interest to the applicant’s research, or that their contributions would benefit the nation even if other qualified US workers were available. These EB-2 applicants must also meet three national interest waiver (NIW) criteria:

• The proposed activity has both national importance and considerable merit.
• The foreign national is qualified to further the proposed activity.
• The United States would benefit from waiving the requirements of a job offer and labor certification.

Under the first NIW requirement, the project’s merit and prospective impact may be demonstrated in a range of areas such as business, entrepreneurialism, science, technology, culture, health, or education.

To determine whether an EB-2 applicant is qualified for the proposed role under the second NIW requirement, United States Citizenship and Immigration Services (USCIS) considers factors including:

• The individual's education, skills, knowledge, and record of success in related or similar efforts.
• A model or plan for future activities.
• Any progress towards achieving the proposed endeavor, and
• The interest of potential customers, users, investors, or other relevant entities or individuals in the project.

As for the third NIW requirement of showing benefit to the US, USCIS may evaluate factors such as whether:

• It would be impractical for the foreign national to secure a job offer, or for the petitioner to obtain a labor certification, due to the nature of the foreign national's qualifications or the prospective role.
• The US would still benefit from the foreign national's contributions, even if qualified US workers are available, and
• The foreign national would sufficiently contribute to an urgent national interest, warranting skipping the labor certification process.

Application Process: PhD holders seeking a national interest waiver may self-petition without an employer’s sponsorship. These individuals may file their Form I-140, Petition for Alien Worker with USCIS. Under certain conditions, applicants will file their own labor certification.

Interested PhD holders should contact Chugh, LLP for help understanding which immigrant visa category they may qualify for. Our experienced immigration professionals and attorneys can assist with drafting persuasive letters of support that highlight the accomplishments of the PhD holder and their eligibility for the category.

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Keeping STEM Ph.D.s

By  Elizabeth Redden

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International students who earn Ph.Ds. in science, technology, engineering and mathematics fields from American research universities often take an “inefficient pathway” to permanent residency in the United States, two researchers argue in a new article published in Science that bolsters President Biden’s case for making it easier for STEM Ph.D.s to get green cards granting them permanent status.

Using data from a survey they conducted of STEM doctorates from 39 leading research universities along with data from the Department of Labor, the researchers conclude that the H-1B visa -- a temporary skilled worker visa open to workers with a bachelor’s degree or higher -- “has become the predominant first step for STEM Ph.D.’s employed in industrial [research and development], not because it is legally required or the most suitable visa, but because of inefficiencies and delays on the path to permanent residency.”

Michael Roach, the J. Thomas and Nancy W. Clark Assistant Professor of Entrepreneurship at Cornell University, said most foreign doctoral students say they want permanent residency.

“So the question is why not go straight to a green cards?” asked Roach, who co-authored the article, “Rethinking Immigration Policies for STEM Doctorates,” with John Skrentny, a professor of sociology at the University of California, San Diego.

"Part of it is there are these country quotas for how long they take to get a green card," Roach said. "Because of the uncertainty and delay in how long it takes to get a green card, they want to get another visa to give them a buffer."

After graduating, Ph.D. students with STEM degrees can stay in the U.S. to work for up to three years while remaining on their student visas through a program known as optional practical training (OPT). But after three years, they are legally required to transition to an employment-based visa category. They can either apply for a work visa category that offers permanent residency, such as EB-1 visas for workers with “extraordinary ability,” or the EB-2 visas for workers with advanced degrees or “exceptional ability.” Or they can apply for the H-1B temporary work visa, which is open to a far broader swath of applicants with bachelor's degree or higher.

The authors found that while international Ph.D. graduates are eligible to apply directly for permanent residency, many use the H-1B visa, which allows them to remain in the U.S. for three years with the possibility of a three-year extension, as “a bridge between OPT and a green card.” This was especially true for international Ph.D. graduates from China and India, who face years-long waits for green cards due to per-country quotas built into the immigration system.

Wait times are shorter for the more competitive “extraordinary ability” EB-1 visas, but current data from the U.S. Department of State show wait times approaching five and 10 years, respectively, for Chinese and Indian citizens applying for permanent residency through the EB-2.

Importantly, the majority of foreign STEM Ph.D. graduates in Roach and Skrentny's survey sample do in fact succeed in getting permanent residency, but only after passing through an H-1B -- and only after costing their employers thousands of extra dollars associated with sponsoring them for not one, but two, visas. The researchers found that after three years of employment, 68 percent of those with doctorates in their survey had either received or been sponsored for permanent residency. Just over three-quarters of those who were initially sponsored on an H1-B visa had transitioned to or were being sponsored for permanent residency.

The authors found no evidence that those starting jobs on H-1Bs were on the whole less qualified than those graduates who went directly to an EB visa. They found no significant difference between those with Ph.D.s sponsored for EB or H-1B visas in terms of their number of publications or patents prior to industry employment, and no significant difference in terms of starting salaries.

The researchers also found no significant difference in pay between U.S. citizen and foreign doctorates, finding instead that starting salary was driven primarily by field of study and proxies for worker ability.

“Though these comparisons do not allow for careful identification of the causal effects of immigration policies on wages, nor do they rule out the possibility that a greater number of foreign Ph.D.’s in the workforce could drive down wages for native Ph.D.’s, they provide suggestive evidence that often-cited concerns of foreign entry-level STEM workers being paid less than their native peers do not apply to STEM Ph.D.’s,” they wrote in the article.

Roach said in an interview that there “is broad bipartisan agreement” about the benefit of the U.S. retaining foreign Ph.D. graduates who hold STEM degrees from American universities.

"If we streamline the process for them to be able to apply for a green card and remove the country quotas for the Ph.D., that would be something that I think would allow them to be able to bypass the H-1B, and that would help us retain them," Roach said.

Along those lines, President Biden is proposing to make it easier for STEM Ph.D. graduates to get green cards , according to a fact sheet about his proposed immigration bill released by the White House last week. His campaign website specifically proposed exempting STEM Ph.D. graduates from visa caps.

“He will also exempt from any cap recent graduates of PhD programs in STEM fields in the U.S. who are poised to make some of the most important contributions to the world economy,” the campaign website says. “Biden believes that foreign graduates of a U.S. doctoral program should be given a green card with their degree and that losing these highly trained workers to foreign economies is a disservice to our own economic competitiveness.”

Stephen Yale-Loehr, a professor of immigration practice at Cornell University who reviewed an earlier draft of the Science article, said Roach and Skrentny's research provides proof that Biden’s approach “makes sense.”

"These people have very specialized qualifications, and the companies need this kind of specialized talent to be able to compete in the global marketplace," Yale-Loehr said.

“The authors make a good case that the current U.S. immigration system does not work any better for individuals with Ph.D.s in STEM fields than it works for anyone else,” added Stuart Anderson, executive director of the National Foundation for American Policy, a research organization focused on immigration and trade. “Providing exemptions from the annual limits for both H-1B visas and employment-based green cards for individuals with a master’s or a Ph.D. in a U.S. STEM field would be a great benefit for U.S. universities and the competitiveness of American companies and the U.S. economy.”

Ronil Hira, an associate professor of political science at Howard University who studies high-skilled visas, warned, however, of the risk of unintended consequences.

“The recommendations need to be further fleshed out,” Hira said. “The principle of giving preferential treatment to STEM doctorates (field and level of education) when it comes to immigration policy is widely supported. But as in most immigration policy issues, the details matter. Permanent residence is a significant benefit that many people will pay for.”

Hira described a need to define what fields are included in STEM -- specifically, whether it includes fields in social and behavioral sciences like political science and psychology -- and warned of the likelihood that some doctoral programs "will be created not for education but instead to sell green cards." (Roach and Skrentny briefly acknowledge this risk in their paper, noting the need for "oversight to avoid fraudulent dissertations and job offers." Roach said in an interview that while there is a risk of unintended consequences, he believes the system would be far less prone to abuse at the doctoral level as compared to the master's level, where programs are shorter and less specialized.)

Hira also noted that not all STEM labor markets are the same, with the life sciences, for example, having a glut of recent graduates .

“Providing preferential immigration treatment to STEM doctorates makes sense, but stapling a green card to every doctorate will create many unwanted distortions,” Hira said. “These could be mitigated with some refinements and adding criteria for eligibility such as a job offer at a certain wage. A faster path to permanent residence is preferable to the current long-term guest worker status many face with the H-1B.”

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IMMIGRATION LAW BLOG

Stay up-to-date on the latest immigration law news, with the Cohen & Tucker team's insights behind the headlines

The STEM PHD Green Card Explained

Why are green card rules special for stem ph.d. holders.

The United States creates immigration opportunities for people who can help to make the United States leaders in innovation. The United States always needs people with special skills, high-ranking professionals, and people with advanced degrees to help fortify the country’s strengths. If you have a STEM Ph.D., you may be able to contribute to the spirit of U.S. innovation. 

What Is STEM?

STEM stands for Science, Technology, Engineering, and Math. The term “STEM” is used to refer to jobs, professionals, and research in any of the four fields the acronym describes. These fields are somewhat complicated to get into. 

STEM fields require higher education and unique expertise. Most high-level STEM careers require applicants to have a Master’s degree or Doctorate degree (Ph.D.). People who have achieved higher education in these fields have worked hard to prove themselves capable of taking on some of the most difficult and important jobs in society.

STEM professionals are necessary for innovation. Without professionals in these fields, society would stagnate. Industries couldn’t grow, there would be no advances in modern medicine, and we would lack infrastructure for our ever-growing, constantly changing world.

People qualified to work in STEM fields are in high demand. Many students in the United States elect to pursue careers that require a four-year Bachelor’s degree or less. There are plenty of career opportunities in the United States for people who elect to participate in training programs, apprenticeships, internships, or two-year certifications. These are the most common career paths that U.S. citizens choose.

The United States often does not have a sufficient number of citizens working in STEM fields, which is why immigration policies for qualified STEM professionals tend to be more lenient than work-related green cards and visas for people who work in other fields. 

What Is the Keep STEM Talent Act of 2023?

A bipartisan bill introduced in 2023 acknowledges the invaluable contributions of foreign-born STEM professionals in the United States. About two-thirds of STEM students with the most desirable majors living in the United States were born outside of the country. 

The United States wants to prioritize research into artificial intelligence and semiconductors, two rapidly advancing areas of technology. Since the majority of individuals majoring in these fields are immigrants or are currently living outside of the United States, the bill declares that the best option is to retain these foreign-born students and to make it easier for people with similar educational credentials to relocate to the United States.

The Keep Stem Talent Act aims to incentivize STEM students currently attending university in the United States to stay once they’ve graduated. It would allow students with job offers upon graduation to remain in the United States, seamlessly transitioning from student status to employment status via an exemption to employment-based green card limits. This exemption would extend to their immediate family members.

People in the United States on student visas are currently only allowed within the United States for a singular nonimmigrant purpose. Students in the United States can have difficulty applying for green cards with employer sponsorship while on a student visa. A new provision would allow for “dual intent,” which allows students to have both immigrant and nonimmigrant intent, which ultimately makes it easier to be sponsored for a green card by an employer in a STEM field.

The passage of this bill would allow for streamlined STEM career opportunities within the United States for students who opt to attend U.S. educational institutions. It would further simplify the process for STEM graduates who would like to contribute to scientific and technological advancement in the United States.

How Many Employment-Based Green Cards Does the United States Offer Per Year?

The United States makes approximately 140,000 employment-based green cards available per fiscal year. The fiscal year ends on September 30th and begins on October 1st each year. Out of the 140,000 total available green cards, a specific number of those green cards are reserved for people with advanced degrees. This would include STEM Ph.D. holders.

Which Kind of Green Card Should STEM Ph.D. Holders Apply For?

Most STEM Ph.D. holders prefer to apply for the EB-1A visa. The EB-1A visa is specifically reserved for high-level professionals of extraordinary ability. Competition for EB-1A visas is significantly less because the majority of people applying for an employment-based visa or green card wouldn’t meet the qualifications to apply for EB-1A. Hopeful immigrants who do not meet the criteria for EB-1A may have more success with EB-2.

The EB-1 Visa

The EB-1A visa is reserved specifically for individuals with extraordinary ability in their fields. STEM fields are considered highly important for immigration purposes. Unlike other types of employment-related visas, immigrants are able to fully self-petition for the EB-1A visa. EB-1A petitioners do not need to have an active job offer in the United States, and they don’t require employer sponsorship.

Because EB-1A recipients have so much freedom, they also have a lot to prove. The EB-1A green card is commonly obtained by people who have received major accolades or awards for their professional work and published noteworthy professionals regarded as leaders in their field.

The EB-2 Visa

The EB-2 visa is technically one step down from the EB-1 visa. EB-2 visas are also for professionals with either advanced degrees or exceptional ability, but the criteria are slightly different. EB-2 applicants under the advanced degree category must have a degree higher than a Bachelor’s degree or a Bachelor’s degree with at least five years of relevant, progressive experience in their field. 

EB-2 applicants under the exceptional ability category must establish they have a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business. 

You must at least 3 of the following criteria to show exceptional ability:

• Official academic records showing you have a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning related to your area of exceptional ability.
• Letters from current or former employers showing at least 10 years of full-time experience in your occupation.
• A license to practice your profession or certification for your profession.
• Evidence that you have commanded a salary that demonstrates your exceptional ability.
• Membership in a professional association(s).
• Recognition for your achievements and significant contributions to your industry or field by your peers, government entities, or professional or business organizations.
• Other comparable evidence of eligibility is also acceptable.

EB-2 applicants are also required to have a pending job offer in the United States before applying. Employer sponsorship is required.

The EB-2 Visa With National Interest Waiver

The EB-2 Visa with National Interest Waiver allows for an exception to the job offer requirement for the EB-2 Visa. If the work you do as a STEM professional would be considered of great benefit to the United States workforce, you may not need a current job offer to obtain an EB-2 visa. Your immigration would be considered furtherance of the national interest of the United States as a whole. 

It can be very difficult to obtain an EB-2 visa with a National Interest Waiver . Obtaining a National Interest Waiver is a separate process that runs concurrent to obtaining the visa. National Interest Waivers are typically reserved for people who only narrowly fall short of the criteria for an EB-1A visa but can also be issued in emergency cases where someone’s expertise is needed for a matter of urgent importance.

Do You Have To Obtain Your Doctorate Degree in the United States?

You don’t need to obtain your doctorate degree (or equivalent) in the United States in order to be considered for a STEM-related immigrant visa. Proposed bills would incentivize people who come to the United States on a student visa to complete their education, but they are not exclusively considered to receive STEM Ph.D. green cards.

What If You’re From a Country That Doesn’t Have Doctorate Degrees?

The United States accepts Ph.D. equivalent degrees from other countries. You do not need to graduate from a United States educational institution to qualify as a STEM Ph.D. recipient. 

The United States will also accept degrees like the following degrees from abroad:

• DSc (Doctor of Science) as issued in Japan, Egypt, and South Korea.
• Dr. rer. Nat. (Doctor rerum naturalium / Doctor of the things of nature) as issued in Germany, Austria, and Czech Republic.
• Dr. Ing. (Doctorate of Engineering) as issued in Germany.
• Dr. phil. Nat as issued in Switzerland.
• Doctorate by Dissertation as issued in Japan.
• Doctor Nauk (Doctor of Science), as issued in Russia and Poland.

Many of these degrees aren’t exclusively awarded to people in STEM fields. Your receipt of this equivalent degree must be in a STEM-related field. Doctor rerum naturalium degrees can be awarded for biology, chemistry, pharmacy, and other life sciences. This means that Dr. rer. Nat. recipients in these fields are scientists and therefore have a STEM doctorate.

Do Honorary Doctorates Count?

Honorary doctorate degrees do not count as STEM Ph.D. degrees for the purpose of immigration. You must formally graduate and be awarded an official STEM Ph.D. to be considered a STEM professional. 

Do You Need To Have a STEM Ph.D.?

Having a STEM Ph.D. increases the chances that you’ll be able to obtain an immigrant visa to the United States, but all doctorate degrees are valid for the EB-1 and EB-2 visa programs. These categories aren’t reserved specifically for people with certain types of doctorate degrees.

Some doctorate degrees are less suited to the demands of the American workforce, like doctorate degrees in areas like philosophy or English literature. You’re less likely to find job offers related to your doctorate degree that would be suited to an immigrant. You’re also less likely to qualify for a National Interest Waiver because the United States has an adequate amount of plenty of other doctorate holders. It’s STEM Ph.D. holders who are in short supply.

What If Your STEM Ph.D. Green Card Petition Is Denied?

If your STEM Ph.D. immigrant visa petition is denied, that means that USCIS has reviewed your petition and determined that you don’t qualify to receive an immigrant visa. 

If you feel USCIS rejected your petition in error, you can work with an immigration lawyer to appeal the decision . Note that appeals are only valid if it can be proven that USCIS made an error. If the decision they made complies with immigration law or policy, the decision cannot be successfully appealed. For example: if your background check yielded unfavorable results that caused USCIS to find you inadmissible, an appeal won’t change your situation. 

Denied applicants are able to apply again, but they’ll have to start the process from scratch. You can’t amend or modify a petition after it’s been filed. You need to file a whole new petition and resubmit your evidence. You’ll also be pushed to the back of the line, which means you’ll need to endure the waiting process from the beginning. 

It’s very important to work with an experienced immigration attorney when filing for an immigrant visa. An experienced attorney will have a thorough understanding of the evidence USCIS is looking for. They’ll also be able to spot errors in your petition that may lead to a denial. A second set of experienced eyes can save you a lot of time by reducing the chances that your petition will be denied.

Getting Legal Assistance With the STEM Ph.D. Green Card Process

Immigrant visas are hard to come by. The criteria for an EB-1A visa can be hard to meet, and the competition for the EB-2 visa can be high. It helps to begin the process with the assistance of an experienced immigration lawyer to maximize your chances of successfully obtaining your visa. The legal team at Cohen, Tucker + Ades may be able to help. Contact us for a consultation regarding your STEM Ph.D. green card case.

USCIS Clarifies Guidance for EB-1 Eligibility Criteria | USCIS

Employment-Based Immigration: Second Preference EB-2 | USCIS

Employment-Based Immigrant Visas | US Department of State | Bureau of Consular Affairs

The expansion of doctoral education and the changing nature and purpose of the doctorate | Higher Education

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Frequently Asked Questions for EB2 Visa and National Interest Waiver (EB2 NIW)

What does niw stand for.

NIW stands for National Interest Waiver, which is a category within the U.S. green card application process, specifically under the EB-2 visa category. Generally, application of second preference of employment-based immigrant visa requires a specific job offer and labor certification process (PERM). However, a foreign national may seek a waiver of job offer or PERM process by establishing that his/her admission to permanent residence would be in the "national interest" of the United States.

Is NIW a green card?

Yes, the EB-2 NIW (National Interest Waiver) is a category within the U.S. green card application process. If your I-140 NIW petition is approved, it means you have met the eligibility requirements for the EB-2 visa category. However, you will still need to complete the subsequent step, such as filing an Adjustment of Status application (Form I-485) or Immigrant Visa Processing, to obtain your green card.

What are the differences between Regular EB2 visa and EB2 NIW (National Interest Waiver) petitions?

For an ordinary EB2 case, a U.S. employer needs to act as the case petitioner, and the petitioner (employer) needs to obtain a labor certificate before filing Form I-140 for the foreign national. The foreign national is called the "beneficiary". The petition needs to establish the qualifications of the foreign national (an individual with advanced degree or exceptional ability). For an EB2 NIW (National Interest Waiver) case, the foreign national can self-petition the case.

The petition not only needs to establish the foreign national's qualifications under EB2, but also demonstrate that the qualifications satisfy the National Interest Waiver requirements (three-prong test in the Matter of Dhanasar decision). Generally, it is more difficult to obtain immigration benefit under EB2 NIW (National Interest Waiver) than the ordinary EB2 because of the additional requirements for "national interest". However, we at North America Immigration Law Group have successfully helped more than 10,000 clients obtain EB2 NIW (National Interest Waiver) approval, with the overall approval rate close to 100%.

Who can file a petition under EB2 NIW (National Interest Waiver)?

A foreign national may file his/her own EB2 NIW (National Interest Waiver) petition or an employer can petition for the foreign national.

What does EB2 NIW (National Interest Waiver) waive?

The National Interest Waiver waives the labor certification process and the necessity of having an offer of employment.

Who are eligible for NIW?

To be qualified for EB2 NIW (National Interest Waiver), one must first meet the requirements of the EB2 category (Second Preference Employment-Based Immigration), which can be satisfied in one of two ways:

(1) EB2 “Advanced Degree” — EB2 Advanced Degree can be satisfied by having

(a) any advanced degree beyond a baccalaureate degree (including a U.S. or foreign Ph.D., a U.S. or foreign master’s, or MD/MBBS) or

(b) by demonstrating that you have the “equivalent” to an advanced degree (namely, a baccalaureate degree plus five years of progressive work experience in your field of expertise).

Although your case under EB2 Advanced Degree would generally be somewhat stronger with a Ph.D., a Ph.D. is not a strict requirement to satisfy EB2 Advanced Degree.

(2) EB2 “Exceptional Ability” — If you do not meet either of the above two requirements, you can still satisfy the requirements of EB2 by demonstrating that you satisfy EB2 Exceptional Ability. To do so, you would have to provide evidence that you meet at least three of the criteria listed below:

• Official academic record showing that you have a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to your area of exceptional ability
• Letters documenting at least 10 years of full-time experience in your occupation
• A license to practice your profession or certification for your profession or occupation
• Evidence that you have commanded a salary or other remuneration for services that demonstrates your exceptional ability
• Membership in a professional association(s)
• Recognition for your achievements and significant contributions to your industry or field by your peers, government entities, professional or business organizations
• Other comparable evidence of eligibility is also acceptable.

What is an advanced degree for the purpose of EB-2 visa?

Advanced degree for the purpose of EB-2 visa is a United States advanced degree (degrees above a bachelors) or a foreign equivalent degree.

What if one only has a Bachelor’s degree, and not a Master's or above?

If the foreign national has only received a United States baccalaureate degree or a foreign equivalent degree, the experience of at least five years of progressive, post-baccalaureate experience in the specialty plus the bachelor's degree will be sufficient for the advanced degree requirement. Otherwise, the foreign national needs to show "exceptional ability."

What is “exceptional ability“ for the purpose of EB2 petition?

The other group in the second employment-based preference includes foreign nationals with exceptional ability in the sciences, arts, or business. Athletes may be considered aliens of exceptional abilities in the arts for purposes of qualifying in the second employment-based preference.

Who has “exceptional ability“? What document qualifies then as evidence of “exceptional ability“?

The law does not specify the definition of “exception ability“. However, the law does indicate that the foreign national must have a degree of expertise above that ordinarily encountered in his or her field.

In order to establish exceptional ability in the sciences, arts, or business, a petitioner must document at least three of the following:

• An official academic record showing that the foreign person has a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to the area of exceptional ability
• Evidence in the form of letters from current or former employers showing that the foreign person has at least 10 years of full-time experience in the occupation.
• A license to practice the profession or certification for a particular profession or occupation.
• Evidence that the foreign person has commanded a salary or other remuneration for services that demonstrate exceptional ability.
• Evidence of membership in a professional association or
• Evidence of recognition for achievements and significant contributions to the industry or field by peers, governmental entities or professional or business organizations.

May other evidence be considered in addition to the listed six criteria of “exceptional ability“?

Yes. The USCIS has indicated that it will consider comparable evidence that is appropriate to the foreign national's application in the event the foreign national cannot provide the type of evidence listed above.

May a foreign medical degree qualify as the equivalent of a U.S. M.D. degree for the purpose of an EB2 petition?

A foreign medical degree may qualify as the equivalent of a U.S. M.D. degree if, at the time of the filing of the labor certification application, several conditions are met. The foreign national must establish that he or she:

• has been awarded a foreign medical degree from a medical school that requires a foreign beneficiary to obtain a bachelor's degree equivalent to a U.S. bachelor's degree as a requirement for admission,
• has been awarded a foreign medical degree and a foreign education credential evaluation is provided that describes how the foreign medical degree is equivalent to a medical degree obtained from an accredited medical school in the United States, or
• has been awarded a foreign medical degree and has passed the National Board of Medical Examiners Examination (NBMEE) or an equivalent examination, such as the U.S. Medical Licensing Examination (USMLE), Steps 1, 2, and 3.

Who qualifies under EB2 NIW (National Interest Waiver)?

• A foreign national who is qualified under EB2 visa and
• proposed endeavor is of substantial merit and national importance
• well positioned to advanced the proposed endeavor
• significant benefit for "national interest"

For more information regarding EB2 NIW (National Interest Waiver) qualifications, please see our article here .

What form does the EB2 NIW (National Interest Waiver) petition file?

EB2 NIW petition includes the filing of Form I-140.

Is a labor certification required before the filing of I-140 of EB2 NIW (National Interest Waiver)?

No. Labor certification is not required before the I-140 filing for EB2 NIW. EB2 NIW waives the labor certification.

Is a job offer required for EB2 NIW (National Interest Waiver)?

No. No job offer is required.

What are the major advantages of applying for EB2 NIW (National Interest Waiver)?

• No labor certification is required.
• No job offer or permanent job position is required.
• Self-petition is allowed.
• Most visas are current except for people born in China and India.

Is EB-2 NIW difficult?

A foreign national seeking to meet the EB2 NIW standard must show that his/her qualifications are significant enough to prove “prospective national benefit“. The burden will rest with the foreign national to establish that exemption from or waiver of a job offer will be in the national interest. Each case will be adjudicated on its own merits. If a beneficiary is qualified, the chance of success depends largely on the way the case is presented. If the evidence is relevant and well presented, and the argument is made persuasively, there is a good chance of case approval. But each case approval is up to the immigration officer's discretion and not all officers adjudicate cases in the same way.

What is the recent EB2 NIW approval Rate?

According to the official statistics released by USCIS, USCIS approved 11,477 NIW petitions and denied 1,448 NIW petitions during the first quarter to the third quarter of Fiscal Year 2022. As such, the overall NIW approval rate at USCIS is around 88.8%.

North America Immigration Law Group has maintained a much higher approval rate for NIW petitions. From 2016 till now, we have obtained over 27,494 NIW approval, with the overall approval rate close to 100%.

What standard does the USCIS take to determine a EB2 NIW (National Interest Waiver) case?

The decision Matter of Dhanasar (released on 12/27/2016) established new standards for obtaining EB2 NIW petitions that the USCIS adopted. The AAO (Administrative Appeal Office) held that three factors must be considered when evaluating a request for an EB2 NIW:

• Foreign national's proposed endeavor is of substantial merit and national importance,
• Foreign national is well positioned to advance the proposed work, and
• On balance it would be beneficial to waive the job requirement for the foreign national

What are the requirements of “substantial merit“ and "national importance" under the first prong of Matter of Dhanasar ? What evidence should be submitted to meet the requirements?

Substantial Merit:

In the precedent case Matter of Dhanasar , the AAO stated that endeavor's merit may be demonstrated in a range of areas such as business, entrepreneurialism, science, technology, culture, health, or education. Evidence to establish that the beneficiary's proposed endeavor has substantial merit consists of, but is not limited to, the following:

A. A detailed description of the proposed endeavor and why it is of substantial merit; and

B. Documentary evidence that supports the petitioner's statements and establishes the endeavor's merit.

National Importance:

In determining whether the proposed endeavor has national importance, the immigration officers consider its potential prospective impact. Evidence to establish that the beneficiary's proposed endeavor has national importance consists of, but is not limited to, the following:

A. A detailed description of the proposed endeavor and why it is of of national importance,

B. Documentary evidence that supports the petitioner's statements and establishes the endeavor's national importance. Such evidence must demonstrate the endeavor's prospective impact, and may consist of, but is not limited to, evidence that shows the proposed endeavor:

• Has National or even global implications within a particular field;
• Has significant potential to employ U.S. workers or has other substantial positive economic effects, particularly in an economically depressed area;
• Will broadly enhance societal welfare or cultural or artistic enrichment; and
• Impacts a matter that a government entity has described as having national importance or is the subject of national initiatives.

What should a foreign national provide to demonstrate that he/she is “well positioned to advance the proposed endeavor” under the Matter of Dhanasar decision?

A EB2 NIW petition needs to establish that the foreign national is well positioned to advance the proposed endeavor- that he/she has strong standing in his/her field and can be reasonably expected to continue their work successfully in the U.S. Examples of evidence can be detailed expert letters that demonstrate the interest of the U.S government in the petitioner’s research, documentation that the foreign national played a significant role in projects funded by governmental grants, and evidence of the foreign national’s education background, skills, knowledge, expertise, and other notable achievements in his or her field including notable memberships or media reports.

What factors does the USCIS consider to assess if “it would be beneficial to the United States to waive the job offer and labor certification requirements” for the foreign national under the Matter of Dhanasar decision?

For this requirement, USCIS may evaluate whether the projected benefits of a foreign national to national interest outweighs the necessity of a labor market test of seeking equivalently qualified U.S. workers.

A variety of evidence should be presented to demonstrate how the foreign national qualifies for a National Interest Waiver. It is not sufficient, therefore, to simply list the foreign national's achievements. A holistic approach must be taken to ensure that all together, the petition, letters of recommendation, and supporting evidence will prove that the foreign national is qualified for a National Interest Waiver.

What supporting evidence will best show that the foreign national will significantly contribute to the national interest?

Below is a list of evidence commonly included with our EB2 NIW (National Interest Waiver) petitions to demonstrate this aspect, as well as explanations for how each type of evidence can satisfy the requirements for EB2 NIW (National Interest Waiver).

• Publications & Citation Records (including journal articles, book chapters, and books): A complete publication record should be included with the petition in order to demonstrate the alien's past record of scientific achievement. Publication alone, however, will not demonstrate the alien's influence in the field. The publication record should be accompanied with a citation record in order to demonstrate the influence of the alien's work on the field, and show that the work is being utilized by other researchers in the field. Additionally, journal impact factors and average citation records for the field can be used to show that the alien has a degree of influence above that of the average researcher in the field. It should be noted that there is no "magic number" of citations that will guarantee EB2 NIW (National Interest Waiver) approval, and there are many strategies that can be used to offset a low citation record.
• Letters of Recommendation Letters of recommendation are a crucial aspect of the EB2 NIW (National Interest Waiver) petition. Independent letters of recommendation (from those who have never worked or studied with you, collaborated with you, or advised your work), will carry much more weight with the USCIS than letters from dependent recommenders, and this should be taken into consideration when selecting recommenders. Letters of recommendation should discuss your research contributions and their significance in layman's terms, and also comment directly on the benefit of your work to the United States. Letters of recommendation are also a great opportunity to demonstrate the implementation of one's work. A letter of recommendation from someone who has utilized your work, and can explain how they have done so in the letter, is a great way to strengthen your case. As part of our service, we will draft all of the recommendation letters for you. We will advise you closely on appropriate recommender selection, and how many letters should be drafted for your case. We set out a clear strategy when drafting the recommendation letters to ensure that the letters contain all of the necessary statements to substantiate the claims we have made in the petition. Lastly, we never rely on templates to draft the letters, and instead tailor each letter to your individual needs and unique case strategy.
• Government Funding/Grants Funding from reputable institutions or government agencies such as US Military, NIH, NASA, etc are strong evidence in showing the national importance of the foreign national's work. It is essential to demonstrate the foreign national's high level of involvement in the application for the funding and his/her important role in the research related to the funding after it was granted.
• Membership If the memberships are in the foreign national's field of expertise and require outstanding achievements as the selective criteria, the memberships can improve the foreign national's overall credentials.
• Awards For awards to strengthen the EB2 NIW petition, ideally they need to be given specifically to the foreign national and nationally/internationally recognized. Awards open to individuals at a particular institution, city, or state/ region/ province are not be as influential. For instance, an award given by the American Chemical Society would likely be nationally recognized because it is the largest professional organization for chemists in the U.S.
• Published Materials About the Foreign National The benefit of one's work to the U.S. can be shown by media coverage. If the articles or published material used as evidence focused on the foreign national and/or the work which he/she has performed in the field of endeavor, and the media enjoys national or international recognition, this will be helpful for the EB2 NIW petition
• Patents, Contracts, Licenses and Technology Transfers A complete patent record, accompanied with citation or commercialization evidence is significantly helpful for demonstrating the utility of the foreign national's work as being adopted by the industry. Other similar evidence including contracts, licenses and technology transfers are also demonstrative of the implementation of the foreign national's work.
• Evidence of Others Relying on the Foreign National's Work If the foreign national's work or assistance was requested by researchers from outside institutions, this indicates the impact and significance of the foreign national's endeavor. Documentation such as email correspondence and acknowledgement in major trade publications or major media are good evidence.

How many publications and citations are sufficient to meet EB2 NIW (National Interest Waiver) requirements?

There is no specific minimum publication or citation requirement; rather, it is determined by USCIS on a case-by-case basis.

Can I file under the category of EB2 NIW (National Interest Waiver) and another category simultaneously?

Yes. But you have to file a separate Form I-140 petition, with the required separate filing fee and supporting documentation for each requested visa category. Do not check multiple categories on one I-140 Form.

How can an EB2 NIW (National Interest Waiver) petition be filed?

An I-140 Form, together with supporting evidence is mailed to the appropriate service center.

Does priority date matter in a EB-2 NIW (National Interest Waiver)?

Priority date mostly matters for people from China and India because priority date is not current for people born in these two countries. The retrogression can be for several years. Usually, the priority date for foreign nationals born in the rest of the countries is current under EB-2 visa. However, according to the Department of State (DOS), the priority date may not be current for the months close to the last month of the fiscal year (October).

How do I know if I am qualified under EB2 NIW (National Interest Waiver) category?

This question can be easily answered by sending our attorneys your resume. For a free evaluation of your case, please send us your resume and your basic information via the link here .

Can an EB2 NIW (National Interest Waiver) be withdrawn?

Yes, the petitioner or the Form G-28 representative may send a letter requesting to withdraw the I-140 petition to USCIS.

If my EB2 NIW (National Interest Waiver) petition gets denied, how long do I have to wait to file under EB2 NIW or other categories again?

The law does not restrict the time you can file your EB2 NIW petition after the denial of your previous filing. A previously denied petition does not bar you from submitting another petition subsequently, regardless which classification is concerned. However, unless your circumstances have improved, it is not advisable to simply submit a similar petition again.

How should I organize the evidence with the petition?

Follow the tips below for how to organize your evidence:

• Provide all required documentation and evidence with the petition when filed. An I-140 petition may be denied without issuing a request for evidence in the instances where the required evidence described in the instructions and regulations are not initially provided.
• If providing photocopies of documents, provide clear legible copies.
• All foreign language documents must be submitted with a corresponding English translation. The English translation must be certified by a translator who is competent to translate and must verify in writing that “the translation is true and accurate to the best of the translator's abilities“. It is helpful if the English translation is stapled to the foreign language document.
• If documenting the foreign national's publications or citations of the foreign national's work, highlight the foreign national’s name in the relevant articles. It is not necessary to send the full copy of a dissertation, thesis, or research paper written by the foreign national, or one in which the foreign national's work has been cited. Include the title page and the portion(s) that cite the foreign national's work and the “works cited“ or bibliography.
• Tab and label the evidentiary exhibits at the bottom of the first page of each exhibit, and provide a list of the evidentiary exhibits and the eligibility criteria that each exhibit is submitted to establish for petitions supported by a substantial amount of documentation. An exhibit that is being provided to meet multiple eligibility criteria should be so identified in the exhibit list.

What is a letter of recommendation for EB2 NIW (National Interest Waiver) green card?

A letter of recommendation is also called reference letter, and it is a letter written by an expert in the foreign national's field or some otherwise authoritative individual in an allied or related field. Recommendation letters are essential in petition for employment-based immigration benefits. Given that adjudicating officers are rarely experts in your field, one way for them to determine whether a foreign national qualifies for the standard set in the Matter of Dhanasar decision is by looking at objective evidence submitted. A recommendation letter is among the most important of them.

Whom should I contact to obtain letters of recommendation for my EB2 NIW (National Interest Waiver) petition?

A foreign national should obtain strong letters from both the foreign national's “inner circle“ and “outer circle“ of peers. The foreign national's inner circle includes those he or she has directly worked with either in academia or in business. While these letters are often the most glowing, they can carry less weight as they are possibly biased.

What information should be included in the recommendation letters for an EB2 NIW (National Interest Waiver) case?

These are things that should be included in a recommendation letter:

• Qualifications of the recommender : A recommendation letter needs to include the description of the recommender. If the recommender comments on the foreign national's achievements or research, a statement should be included in the support letter that establishes the qualifications of these individuals to judge the foreign national's work.
• Helpful testimonials from experts : Expert testimonials of your accomplishments are crucial to your petition. However, keep in mind that expert testimonials should bolster the argument that you meet the standard set by law.
• Substantive information : A good recommendation letter should point out the high level of unique expertise the foreign national possesses. If it is a recommendation letter from an employer or professor of the foreign national, it should specify the work the foreign national is responsible for and the requirements of the job. Although a job offer is not required for EB2 NIW petitions, a recommendation letter from an employer can cite to such a position to establish that very few individuals can fill the offered position (i.e., only top individuals in the field or those with exceptional ability can perform the duties required for the position) and the foreign national is one of these few individuals. In addition, recommendation letters that briefly discuss the foreign national's activities and described him or her as a knowledgeable individual, but lack specific information regarding how the foreign national's endeavors had significantly contributed to the United States’ interest are insufficient.

How many recommendation letters are needed for an EB2 NIW (National Interest Waiver) case?

There is no specific number of letters set forth by the USCIS. It is generally suggested to include four to six recommendation letters in an EB2 NIW (National Interest Waiver) case.

What assistance does your firm provide concerning drafting recommendation letters for my EB2 NIW (National Interest Waiver) case?

Letters of recommendation are hard to draft, yet good letters of recommendation will substantially boost your chance of successful petition. After you retain us, our firm will help you obtain good recommendation letters step-by-step:

• We will provide detailed information concerning recommendation letters and walk you through the purpose, format and content of recommendation letters
• We will discuss with you about potential candidates to write you recommendation letters.
• You provide us detailed information pertaining to the authority and expertise of the recommenders, your connections, the relationships between your research and theirs, etc.
• After receiving the information you provide, we will draft recommendation letters for you.
• You send the recommendation letter drafts to recommenders for them to review and sign.
• We will review those substantially changed recommendation letters to see if it is necessary to ask the recommender to sign another updated version.

What if I change jobs while my EB2 NIW (National Interest Waiver) petition is pending?

If you petition for yourself, changing employers should not affect the status of your case, and your petition will remain active. However, your new position should continue to satisfy the requirements for the EB2 NIW category or your petition may be denied after RFE (Request for Evidence). After you start to work with us, you should discuss with our attorneys before you change jobs so that we can determine if the new position still meets the EB2 NIW requirements.

May a Ph.D. student apply for an EB2 NIW (National Interest Waiver) green card? What is the success rate?

Yes. Our firm has successfully petitioned for many Ph.D. students to obtain Green Cards in the EB2 NIW category. After the Dhanasar decision, the education background is a factor the officer considers when assessing whether an applicant is "well-positioned to advance the proposed endeavor". With the well-presented evidence and personalized petitioning strategies, we were able to successfully argue our clients’ work is important to the national interest. In the past four years, we have successfully petitioned more than 10,000 EB2 NIW cases and about 30% of these clients were still in PhD program when we filed their cases. The approval rate for these cases remained high.

You can visit our blog for success stories for applicants who were still Ph.D. students at the time of filing.

https://www.wegreened.com/blog/advanced-search/

I am outside the U.S., can I apply for the EB2 NIW (National Interest Waiver) category? What is the success rate?

Yes. Our firm has successfully petitioned for many clients who were outside the U.S. to obtain Green Cards in the EB2 NIW category. Although the adjudicating officers primarily focus on the foreign national's credentials when adjudicating an EB2 NIW petition, there are specific requirements that foreign nationals who are still outside the U.S. need to satisfy for a successful petition.

For more information, please see our article at:

https://www.wegreened.com/How-Can-I-get-a-Green-Card-Outside-the-US

May a F-1 student visa or J-1 visiting scholar holder petition for EB2 NIW (National Interest Waiver) category? Do I have to wait to apply for the Green Card after my graduation and changing the visa to H-1B?

The F-1 or J-1 visa is a non-immigrant visa that does not allow immigrant intent, but it does not mean that a F-1 or J-1 visa holder is not allowed to apply for the Green Card. Although an F-1 or J-1 visa holder cannot have immigrant intent when applying for the nonimmigrant visa, he/she may change his/her intent after receiving the nonimmigrant visa.

It is not true that someone must change his/her visa type to be H1B, which allows immigrant intent, before filing a Green Card application.

What is the real difference between EB2 NIW (National Interest Waiver) and EB1-A (alien of extraordinary ability) applications? Is it possible to file two petitions such as an EB2 NIW and EB1-A at the same time?

The requirements in EB2 NIW and EB1-A are different, and the application preparation is significantly different between these two classifications. Successful EB2 NIW cases are not limited to those foreign nationals who have risen to the very top of their field. Presenting materials in support of the petition that frame the case in the most favorable light will aid its passage. For example, it is important that the petitioner construe the foreign national's field as narrowly as is possible while maintaining credibility. By narrowing the frame of reference, the foreign national will be compared to a much smaller set of U.S. peers. However, it should be noted that the AAO might suspect petition that construes the foreign national's field too narrowly. The definition of the foreign national's expertise field should be supported by documentation. But once your I-140 is approved, there is no major difference between these two classifications for the I-485 application later. It is possible to file two petitions such as an EB2 NIW and a EB1-A at the same time, which many of our clients did. There is nothing stated in the law that prohibits multiple filings and the cases should be adjudicated independently.

If I have not published articles in journals within my field, may I still apply for anEB2 NIW (National Interest Waiver) category?

Yes, there is no specific requirement that you need to have published articles in order to apply or obtain approval of an EB2 NIW petition, although in many instances publications would help improve chances of approval because they help to establish the original contribution and authorship. One can still support the petition by providing evidence that satisfies the prongs listed by the law. For example, if an entrepreneur can establish that his/her proposed endeavor has a potential to create a significant impact on U.S. economy, such as by developing top-notch technology, the foreign national may still qualify under EB2-NIW.

Can I apply for EB2 NIW (National Interest Waiver) category from outside of the U.S.?

Yes. Please click here for more information regarding applying for National Interest Waiver (NIW) from outside of the U.S.

I am a J-1 holder subjected to the two-year foreign country residency requirement. May I apply under EB2 NIW (National Interest Waiver) category now, and get my J-1 waiver later?

Yes, you can apply for the EB2 NIW now, and get your J-1 waiver later. The 212 (e) restriction does not affect I-140 EB2 NIW but only affects the process of I-485 (in the U.S.) or Immigrant Visa Processing (outside the U.S.).

You do not have to have a J-1 waiver before submitting an I-140 petition. The two-year foreign residency requirement does not allow you to adjust the status from J-1 to permanent residency, but it does not prevent you from submitting I-140 petition. Also, you may prepare for I-140 and J-1 waiver concurrently.

• National Interest Waiver (NIW)
• Requirements For Petitioning For the National Interest Waiver (NIW)
• Legal Fees of National Interest Waiver (NIW)
• Processing Flow of National Interest Waiver (NIW)
• The Benefits of Petitioning Under the EB-2 National Interest Waiver (NIW) Standard
• Occupation-Specific Benefits of Petitioning Under the National Interest Waiver (NIW) Standard
• Frequently Asked Questions for EB2-NIW (National Interest Waiver)
• Physicians Seeking National Interest Waiver
• NIW with no Ph.D./ for Ph.D. Candidates/ Ph.D. Students/ Master Degree
• EB-2 NIW (National Interest Waiver) for Artists/Musicians
• NIW (National Interest Waiver) Document List
• NIW Case Preparation: How We Prepare your NIW Case
• How to File an EB-2 NIW (National Interest Waiver) Case
• Qualities of Good Writers of NIW Reference/Recommendation Letters and Examples of What They Should Say in the Letter
• What should be Included in a Recommendation Letter in EB1-A, EB1-B or NIW application?
• Step by Step Introduction for a Good NIW (National Interest Waiver) Recommendation Letter
• Importance of an EB-2 NIW (National Interest Waiver) Recommendation/Reference Letter
• NIW (National Interest Waiver) Supporting Evidence / Supporting Materials

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