Green Card Through Self Petition for PhD Students

What is EB-2 Employment based immigrant visa? The EB-2 employment visa is an immigrant visa which allows foreign nationals holding an advanced degree to obtain residency in the U.S. You must be a foreign national who: · Is a member of the professions holding advanced degrees or their equivalent; or · Because of your exceptional ability in the sciences, arts, or business will substantially benefit the national economy, cultural, or educational interests or welfare of the U.S. To apply for Green Card while you are doing Phd, you must demonstrate that specialization you are doing is of national interest (fortunately almost all Phd field are of this category) To Apply for EB-2 Visa you must have: 1. The applicants of EB2NIW shall have an advanced degree. Advanced degree means any United States academic or professional degree or a foreign equivalent degree above that of baccalaureate. If you have already Master or Phd that is added advantage. If all of the advanced degrees were received outside of the United States, you must obtain a Foreign Academic Credential Evaluation by a credited evaluation agency. If at least ONE of the advanced degrees was obtained from an accredited educational institution in the United States, you may not need a Foreign Academic Credential Evaluation report. 2. Alien scientist’s work has practical significance to the national interest of the United States, and the Alien’s research and his or her contributions have direct link to the National Interests. This is where you would relate your research/work to US interest. Ph.D. students have an advantage over the people who already work for a private company in EB2 application because they perform research in a not-for-profit organization. Their research projects are normally supported by NIH, DoD, NSF or other national research funding organizations. Therefore, the link between the national interest and the applicants’ work can be clearly established. In comparison, if the applicant already works for a private company, CIS often requests evidence to prove that the applicant’s work is not merely making profit for the private company. 3. The applicant must prove that he or she will serve the national interest to a substantially greater degree than would an available U.S. worker having the same minimum qualifications. To prove that the applicant will serve the national interest to a substantially greater degree than would an available U.S. worker having the same minimum qualifications, the applicant may submit his or her journal publications, conference presentations, and other evidence. Q. What are the alternative evidences of applying for aliens of "extraordinary ability"? A: Since very few person receive international award like Nobel Prize, alternative evidences of this EB1-EA classification, based on at least three of the types of evidence outlined below, are permitted: Receipt of lesser nationally or internationally recognized prizes or awards for excellence; Membership in associations in the field which demands outstanding achievement of their members; Published material about the alien in professional or major trade publications or other major media; Evidence that the alien has judged the work of others, either individually or on a panel; Evidence of the alien's original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field; Evidence of the alien's authorship of scholarly articles in professional or major trade publications or other major media; Evidence that the alien's work has been displayed at artistic exhibitions or showcases(here comes the posters and exhibition of your work); Performance of a leading or critical role in distinguished organizations; Evidence that the alien commands a high salary or other significantly high remuneration in relation to others in the field; Evidence of commercial successes in the performing arts. Q. What is the major advantages of applying for aliens of "extraordinary ability"? 1. No labor certification is required for this EB-1 category; 2. No job offer or permanent job position is required for aliens of extraordinary ability; 3. Much fast to obtain a Green Card than the EB-3 or EB-2 immigration categories. How to do self Petition?? To obtain a national interest waiver, you must file a Form I-140 petition, Form ETA 750B, and supporting documents (Application letter outlining how you qualify for national interest waiver, recommendation letters, publications etc) directly with the appropriate Immigration Service Center. You do not have to file anything with the Department of Labor. You may also file your permanent residency application at the same time as your I-140 Petition, and receive work and travel authorization.