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Ph.D. Green Card with EB-1 | Process & Tips

Last Updated On: January 17, 2024 | Published On: June 22, 2023

Accomplishing the prestigious task of obtaining your Ph.D. is no easy feat. However, using it to get a green card may prove to be almost as challenging without help. Keep reading to view the requirements for an EB-1 Ph.D. Green Card and the best way to qualify for this distinguished immigrant visa.

EB-1 Green Card

Policy Update- On September 12, 2023 USCIS updated the manual to offer clarifying guidance on examples of evidence that may satisfy the relevant criteria for employment first-based preference applicants, as well as how USCIS officers evaluate the totality of the evidence for eligibility. See the complete details in this  EB-1 policy update  post. 

The EB-1 is the topmost preference level for employment-based immigration. If you qualify for one, your employer won’t go through the PERM process. The EB-1 has three categories: the EB-1A, the EB-1B, and the EB-1C.

This category is reserved for individuals who exhibit extraordinary achievement in business, art, athletics, science, or education. You must present evidence of an international award, such as the Nobel Prize, to prove this extraordinary achievement. Instead of such an award, three of the following will suffice:

• A smaller award that is still internationally or nationally recognized
• Significant contributions to your practice
• Scholarly articles that have been published in a professional or trade journal
• Membership in an organization or association of distinguished reputation that requires its members to have an extraordinary ability
• Material written by others that details your ability
• Having been a judge of the work of others in your field on a panel or individually
• Playing a critical role in a reputable organization
• Having a large salary indicative of your ability

The USCIS also presents applicants with a catch-all phrase indicating, if you have evidence that does not fall into the above groups, you may be able to submit it as comparable evidence. Work with your attorney to determine what qualifies as evidence under this rule.

If you qualify for the EB-1A, you will be one of the few beneficiaries who can self-petition. Other than the EB-2 with a National Interest Waiver, the EB-1A is the only green card that does not require you to have a job offer or sponsoring employer, meaning that you only need to prove that you will be doing work in your field once you come to the U.S.

The second category available as an EB-1 Ph.D. holder is the EB-1B for outstanding researchers and professors . This reaches a narrower group than the EB-1A, but the requirements are lower. To qualify, you need to demonstrate that you have done at least two of the following:

• Received a renowned or distinguished prize or award for your efforts in your field
• Participating as a judge of the work of your peers in your area, either individually or on a panel
• Contributed substantial research of a scholarly or scientific nature to your field
• Wrote scholarly articles or books in distinguished publications in your field
• Held membership in an organization in your area that requires outstanding work for entry
• Had material published by others about your work in the field

Again, much like the EB-1A, you can work with your attorney to submit comparable evidence if it is not listed above.

This last category is meant for the managers and executives of multinational companies . To qualify, you must have worked with the company for at least one year in the three years leading up to your green card petition.

The employer must be a multinational company conducting business in the U.S. for at least a year before filing. This is a standard green card for foreign nationals who have come over on an L-1A visa.

Green Card for Ph.D. Holders

The EB-1 green card process for a Ph.D. visa USA is almost identical to other employment-based green cards. The significant difference is that you don’t need to undergo the PERM Labor Certification Process. And if you qualify for the EB-1A, you will also have the luxury of filing your petition yourself. These two factors will significantly expedite the process. That said, whether you are self-petitioning or applying through an employer, the EB-1 green card application for Ph.D. holders involves two steps, which are as follows:

1. File the I-140 Immigrant Petition for Alien Workers

The I-140 form determines whether a green card applicant meets the job requirements for the position they are applying for. It also establishes the employer’s ability to pay the employee the required minimum wage . On average, the USCIS processing time for an I-140 petition ranges from 6-8 months, depending on the service center in charge of your case. However, if you use the EB-1 premium processing service , the petition will be processed within 15 calendar days.

2. File the I-485 Application to Adjust Status

After the approval of your I-140, you will need to file an I-485 to request for adjustment of status from a nonimmigrant to an immigrant (green card holder) status. However, you can only submit the I-485 petition when the priority dates for your EB-1 category and country are “current.” To know this, you must regularly check the monthly visa bulletin released by the USCIS. And once the date reads “C” (that means it is current), you can submit your I-485 petition. You will receive your permanent resident card if your adjustment of status petition is approved.

How Your Ph.D. Can Help

While your Ph.D. does not automatically grant you a green card , you may find that many of the requirements for the EB-1A or EB-1B have been fulfilled throughout your studies. Things like exclusive memberships, scholarly published articles, and acting as a judge are all things that may go along with getting your degree.

However, it is important not to assume anything about immigration law. In the end, it still comes down to the discretion of the USCIS. Only an attorney who has dealt with multiple EB-1 for Ph.D. cases is experienced enough to determine what qualifies as evidence effectively.

EB-1 Processing Time for Ph.D. Holders

EB-1 processing time is 6-8 months for USCIS adjudication without premium processing . The time you must wait does not change if you are a Ph.D. holder. You need to have your employer file an I-140 petition or file one yourself if you are self-petitioning under the EB-1A. n the event that USCIS issues a Request for Evidence or NOID, then this will also add additional time to your case. Again, you can expedite the processing with premium processing for a fee. (Not available for EB-1C.)

You can check exact case processing times by using this USCIS Case Processing Time tool .

Select the form, followed by the form category, and then your field office or service center.

When is my priority date? This is the day USCIS receives your I-140.

Once the USCIS receives your petition, that date is marked as your “priority date.” Each month the Department of State releases a visa bulletin that shows the “final action dates” for green card petitions based on the different kinds of green cards and the country the beneficiary is from. Once your priority date matches the final action date in your category, it will be considered “current,” allowing you to move on to the next step.

Once your priority date matches the final action date in your category, you can move on to the next step.

If you are inside the U.S. when your priority date becomes current, you can submit an I-485 application to adjust your status to permanent resident (green card holder). This step also takes an average of 6 months depending on the service center.

What If I Am Outside the U.S.?

If you are abroad when your I-140 is approved and your priority date is current, you must  go through consular processing . This means that you must make an appointment with the designated U.S. embassy or consulate in your home country.

At that appointment, a consular officer will conduct a one-on-one interview to determine if you are who you are. This will involve asking you questions about yourself, your work, your employer, and your plans in the U.S. If your officer clears you, you can enter the U.S. through your new green card.

The timeline for consular processing depends on how busy the consulate is. They may schedule your interview for a date several months away or only a few weeks. Keep this in mind as you make plans for your work.

Can I Use Premium Processing?

If waiting six months for your I-140 to process is too long, you can opt to have it expedited with premium processing. This service shortens your petition’s processing time to 15 calendar days for an additional fee. However, there are some things to keep in mind:

• Premium processing does not expedite any other phase of the green card process, only the I-140 petition.
• If your priority date is not current for some time, premium processing may not help your case, as the USCIS may decide to process your I-140 closer to the time when your date will be current.
• Premium processing is not available for EB-2 NIW cases or EB-1C cases.
• The current cost for premium processing is $2,500.

Document Checklist for Ph.D. Green Card Via EB-1 

Apart from the I-140 and I-485 forms, you may also need to complete the following forms during your application process:

• I-765 form to apply for an Employment Authorization Document (EAD)
• I-131 form, Travel Permit to apply for advance parole or travel document that will allow you to travel abroad while your green application is pending
• GS-325 to provide biographic data
• I-134 Affidavit of Support to demonstrate that green card applicants will not become public charges while in the U.S.
• I-639 Report of Medical Examination and Vaccination Record

Completing all these forms can appear complex, especially if you are filing for a green card for the first time. However, these are straightforward forms. That being said, certain complications may arise when it comes to knowing the exact stage of the application process for each form. You may also encounter challenges when determining how to file the forms with the required supporting evidence. The good news is that you can engage the services of an immigration lawyer to make the process much easier for you to improve the chances of approval.

EB-1 Green Card Processing Fees

The overall processing fee for the EB-1 green card for Ph.D. holders will depend on whether you are processing your petition from within the United States or abroad. Other factors will be whether you are using premium or regular processing and choosing an immigration lawyer.

The basic fees are as follows:

• I-140 form: $700
• I-485 form: $750- $1,140 (varies based on age)
• I-907 form for premium processing: $2,500 (optional)
• Consular Processing fee: This may vary depending on the country-specific requirements at each consulate or embassy

Alternatives to the EB-1 for Ph.D.

If the EB-1 is not an option, don’t lose hope. Some other alternatives may be available depending on your qualifications.

The EB-2 usually requires applicants to have a job offer from a sponsoring employer to apply. In addition, that employer must obtain a PERM Labor Certification on your behalf. However, with a National Interest Waiver (NIW), you can bypass the job offer and PERM requirements by proving to the USCIS that your work will benefit the United States.

To do this, you must demonstrate these three things:

• Your work will substantially impact American health, culture, education, society, jobs, economy, technology, education, or science.
• You are uniquely qualified to work on and advance the work in the U.S. through your education, past successes, current progress, or business plan for the future.
• It will be to the advantage of the U.S. to waive the job offer and PERM requirements rather than to enforce them.

So if you plan on using your doctorate to start a business in the U.S., the EB-2 NIW is an excellent alternative to the EB-1 for Ph.D. holders.

• PERM Labor Certification

If the EB-1 and EB-2 NIW are unavailable as green cards based on your qualifications, applying for the EB-2 visa through a PERM Labor Certification is a solid option. You may only want to consider this after you have worked with your attorney and exhausted your other options.

The PERM is an involved and complicated process that requires many different steps and is easily impeded by errors without the help of an expert. Essentially, the PERM is a process the Department of Labor (DOL) uses to determine if U.S. workers are willing and able to take your position instead.

First, you will need an employer to sponsor you for your green card. Then, you would need that employer to obtain the prevailing wage for your position. Once that has been determined, your employer must conduct a minimum 60-day recruitment process to find local workers. If a qualified U.S. worker applies, your employer will need to hire them in your stead or develop a good reason for rejecting the candidate.

If the DOL is satisfied with the recruitment report and the position has not been filled, your employer can move on to the I-140 and I-485 steps to complete the green card process.

The PERM process is also open to complications through random and targeted audits and supervised recruitment. The best way to avoid these obstacles is to have your immigration attorney handle the minute details of the process. For these reasons, the PERM is a viable but not optimal alternative to the EB-1 for Ph.D. holders.

EB-3 Category

The EB-3 category is for professionals, including those with advanced degrees, skilled workers, and others. While it may not offer the same level of preference as EB-1 or EB-2, it can still be a viable option for Ph.D. holders who have a job offer from a U.S. employer and meet the requirements of the category.

The O-1 visa is a nonimmigrant visa option for individuals with extraordinary ability in sciences, arts, education, business, or athletics. If you can demonstrate extraordinary ability in your field, the O-1 visa can temporarily provide an alternative path to work in the United States.

The H-1B visa is a nonimmigrant visa that allows U.S. employers to hire foreign workers in specialty occupations. While it is not a direct path to a green card, it can be a starting point for Ph.D. holders to gain work experience in the United States and potentially transition to an employment-based green card.

Frequently Asked Questions

Below you will find answers to the most commonly asked questions about obtaining a green card with an EB-1.

Is there a direct path to a green card through my Ph.D.?

Unfortunately, there is no direct path. Having a Ph.D. does not automatically grant you an EB-1 or any other green card. It does, however, afford you the opportunities many people lack to fulfill some of the critical requirements for an EB-1.

Do I need to have a STEM degree for a Ph.D. Green Card?

The STEM (or Science, Technology, Engineering, and Mathematics) degrees help obtain a green card, especially if you apply for the National Interest Waiver. However, the USCIS does not discriminate based on your field. Having your doctorate in English will not hurt your chances of getting an EB-1 for Ph.D. holders in comparison to a STEM degree such as computer science. For the EB-2 category, which requires a job offer and a labor certification, having a Ph.D. in any field, including STEM, can be advantageous. The labor certification process involves demonstrating that no qualified U.S. workers are available for the position. A Ph.D. in a specialized field, particularly in STEM, can strengthen your case by showcasing your expertise and the unique contributions you can make to the area.

What should I do if my petition is denied?

The first thing is to know the difference between a rejection and a denial since they are different in an immigration sense. If your petition is missing required information, some information is inaccurate/inconsistent, or the fees were not properly filed, you will likely get a rejection notice. The good news is there is a way to correct the errors and then refile (with a new fee required). Hopefully, you’ve revised the inaccurate information, which can be approved when an officer assesses. If you receive a straight-up denial, refiling is likely not a good choice. Your attorney may way to file an appeal or legal motion instead.

If those options don’t get you anywhere, you may also want to contemplate applying for a green card in a lower preference level.

How many recommendations do I need?

There is no stipulated number of recommendations for a green card applicant. However, it would be best to try getting as many recommendation letters as possible. Remember that you should ensure that the letters are well-written and they are from well-known individuals in your field.

How many publications do I need?

The USCIS does not state the number of publications an applicant must have. However, it will generally help to present six or more well-cited publications. Although there have been instances where petitions with fewer publications got approvals, they must be top-notch, and you may also need other substantial supporting documents to back it up. Keep in mind that publications are only one part of the requirements. The USCIS allows “comparable evidence” when the available documents differ from the listed criteria.

Can I file multiple I-140 petitions simultaneously?

Yes, you can file multiple I-140 petitions simultaneously through an employer or self-petitioning. Many applicants do so to improve their chances of getting an approval. You can even file I-140 petitions for the EB-1 and EB-2 NIW with the hope that at least one will be approved. Additionally, if your I-140 petition is denied, you can always file a new one. Each petition is processed independently, and a decision on one does not affect the other.

Can I apply for a green card as an F-1 student?

You can petition for either the EB-1 or EB-2 NIW employment-based green card as an F-1 student. You also don’t need to wait until the completion of your Ph.D. program to petition; you can apply while still in F-1 status.

Due to the strict EB-1 and EB-2 NIW requirements, most F-1 students don’t consider them a viable route to permanent residency. However, you can be more confident if you can demonstrate the above requirements. The only issue is that the F-1 status is not a dual intent visa. With this caveat, you may be unable to extend your F-1 status while your green card is processed.

One way you can do this for yourself is to change to a dual intent visa, such as the H-1B during your CPT or OPT, and then file a green card petition either by self-petitioning or through an employer. With this, you can maintain a valid nonimmigrant status while the petition is pending.

Learn how to get an H-1b as a PhD Holder .

Why Choosing an EB1 Lawyer is Recommended

VisaNation Law Group EB1 attorneys have helped countless individuals receive a Ph.D. green card. The lawyers will carefully review all your documents to ensure they meet the immigration qualifications and assist you in responding to any RFEs, NOIDs, or other USCIS-requested information. Interested in having your spouse and children come to the United States? We can help you submit the appropriate petitions so your entire family can prosper in the United States.

How We Can Help

As a Ph.D. holder, you are an expert in a certain field. Let those who are experts in immigration law handle your case. From gathering evidence to support your qualifications to filing the correct fees to the correct places, the VisaNation Law group will work tirelessly to make sure that you have the best chance for approval.

Tags: EB-1 , NIW , Student Visa

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Immigration Tips

Getting a US green card as an international student: A step-by-step guide

If you’re close to the finish line of completing your studies in the US, you might be wondering what comes next. Many international students arrive in the hopes of extending their American dream beyond the university, but maybe held back by the complex procedures involved in immigration to secure work visas or a US green card. 

While obtaining a lawful permanent resident status in the US takes a lot of time and even more effort, the payoff of a successful application is worth the trouble. As a US green card holder, you have the right to legally live, work, and travel in the country without worrying about your visa status. You have the added perk of enjoying other privileges such as Social Security benefits and legal protection under US laws. 

So, how does one actually transition from an F-1 student visa holder to a permanent resident in the US? Here’s one way to do it: 

A step-by-step guide to getting your US green card

Step 1: complete your degree .

This might be stating the obvious, but as an international student, your chances of immigrating and getting a green card in the US hinges upon you graduating and getting your degree. It’s the first crucial step required to get a job after graduating, especially in a field that is related to your study programme. 

Maintaining your student status as an F-1 visa holder is important to keeping your future prospects open. As an international student, you’re not allowed to leave the US for more than five months at a time.

If you’re away for more than that, you need to acquire a new I-20, student visa , and a new SEVIS record, which makes you ineligible for the Optional Practical Training (OPT) or the Curricular Practical Training (CPT) for another year. 

Step 2: Work under the OPT programme 

Graduates in Science, Technology, Engineering and Mathematics from US universities can extend their Optional Practical Training (OPT) to work up to 24 months after completing their studies. Source: Loic Venance/AFP

While under the F-1 visa, you’re eligible to apply for the OPT, a temporary work programme that authorises you to work before and after graduation for up to 12 months in a field that is related to your degree studies. To qualify for an OPT , you must have completed a full year of academic study in the US. 

If you’re a graduate in Science, Technology, Engineering and Mathematics (STEM), you may apply for an extension of up to 24 months to continue your post-study OPT work under certain conditions. If you belong in this category, there’s even more good news: in Jan. 2022, the Biden administration included 22 new in-demand STEM fields of study in the OPT to attract more international talents to the US. 

Step 3: Switch your visa type  

The F-1 visa might allow you to work under the OPT provision, but it’s still non-extendable once it ends. You’ll have to secure another visa to retain your right to work and live in the US. 

For this, you’ll need the H-1B visa , a work visa for specialty occupations that requires highly specialised knowledge learned through a bachelor’s degree qualification or higher. The only problem? The application has to be filed by your employer from a US-based company that is willing to sponsor your visa. 

Your visa is attached to the company, and you’re not permitted to work elsewhere or start your own business once you get the H-1B. The visa lasts for three years and can be extended for another three afterwards. 

If you hold a H-1B visa and are looking to secure a green card, your employer will have to submit the application on your behalf, and begin the process by filing documents to the Department of Labour (DOL). Source: Bryan R. Smith/AFP

This step is often the make-it-or-break-it step for many prospective immigrants who graduated from US universities. You’ll need to rely on strong professional connections, and must have proven yourself to be indispensable to your industry as there is a strict quota for the H-1B visa among a pool of talented applicants. 

Step 4: Begin your US green card application 

Once the maximum period of six years is up with the H-1B, your employer will need to apply for a green card through an H-1B visa petition on your behalf. You may also find a new employer willing to sponsor your green card for the application. 

The jump from a H-1B to green card status is far from an easy leap. The process involved in securing a permanent residency in the US can take months and consists of multiple stages with no guarantee of a successful outcome, so you’ll need to plan carefully and begin the process while your H-1B visa is still valid. 

At this stage, the application is beyond your control. Your employer will need to submit Programme Electronic Review Management (PERM) certification to the Department of Labour (DOL), after which several reviews and processes, including proof that no local US workers are available to fill in for your position. Only when your employer demonstrates that there are no local employees for the job can they proceed with the Form I-140 to show that you’re eligible for a US green card. 

Are there other ways to secure a US green card?

Unfortunately, the pathways to immigrate to the US as a foreigner with no business or familial connections to the US are extremely limited. Apart from the H-1B, those intending to work and remain in the US can apply for either the L-1 visa, or the extremely niche EB-1 visa granted to Persons of Extraordinary Abilities Green Card , which are usually reserved for famous entertainers or award-winning researchers. 

If you want to live and work in the US after graduating, it’s best to choose your degree programme wisely to cater to the US job market. Otherwise, you’ll be looking at years of bureaucratic frustrations and getting your American dream cut short prematurely. 

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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

Not sure which option is right for you? Request a confidential consultation today.

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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Study: Rethink immigration policy for STEM doctorates

By james dean.

A streamlined process for awarding green cards to international STEM doctoral students graduating from U.S. universities could benefit American innovation and competitiveness, including leveling the field for startups eager to attract such highly skilled workers, according to a new study by researchers from Cornell and the University of California, San Diego.

The new Biden administration backs policy reform aimed at achieving that end, which was part of bipartisan legislation proposed more than a decade ago. But progress has been stalled by broader concerns about visas – particularly the temporary H-1B, commonly used to hire entry-level guest IT workers – that critics say displace Americans with lower-paid foreign labor and should be scaled back.

The new study presents evidence that the same concerns shouldn’t apply to foreign-born STEM doctorates from U.S. universities, said Michael Roach , the J. Thomas and Nancy W. Clark Assistant Professor of Entrepreneurship in the Charles H. Dyson School of Applied Economics and Management, in the Cornell SC Johnson College of Business.

“Given that these doctorates often possess highly specialized skills and training at the leading edge of research in areas like vaccines, artificial intelligence, robotics and space,” Roach said, “blanket visa restrictions could significantly impact U.S. firms’ ability to hire and retain the best and brightest scientists.”

Roach is the co-author with John Skrentny, professor of sociology at UC San Diego, of “ Rethinking Immigration Polices for STEM Doctorates ,” published Jan. 22 in the journal Science.

The scholars surveyed a cohort of nearly 1,600 American and foreign-born STEM doctorates from U.S. research universities about their first industry research and development jobs, including their qualifications, starting salaries, hours worked and visa paths, where applicable.

The researchers found a majority of the international doctorates followed a complex and inefficient path toward permanent residency that involved multiple steps and visas. After their student visa, two-thirds were sponsored in their first job for an H-1B guest worker visa, which are offered annually by lottery, valid for three years and renewable for three more.

The percentages were highest among STEM doctorates from India and China – 78% and 67%, respectively – who because of per-country quotas face waits for green cards of as long as five to 10 years.

Employers didn’t use the temporary H-1B visas as a means to give employees extended trial periods, Roach and Skrentny found. Rather, they appeared to be used to buy time between graduation – and working on their student visa through the Optional Practical Training (OPT) program – and a green card, with employers transitioning within two or three years, on average, to sponsorships for permanent residency.

According to the researchers, doctorates pass through the H-1B on their way to a green card not because it is legally required, but rather because delays and uncertainties in the U.S. visa system necessitate this step as a bridge to working in the U.S. permanently.

Those delays and uncertainties have given Big Tech firms such as Amazon, Google and Microsoft a recruiting advantage over startups, for whom sponsoring foreign-born STEM doctorates may be too costly or burdensome. In addition, the study noted, leading U.S. firms have opened R&D centers in countries with immigration policies designed to attract highly skilled workers, such as Canada.

“Rather than rolling out a red carpet for these doctorates, the visa system necessitates a wait at a crowded front door, and multiple steps, with no guarantee they can get in,” said Skrentny. “These individuals have rare and valuable skills, and they can get jobs in almost any country.”

In previous research, Roach and Skrentny found that international STEM doctorates from U.S. universities were more interested than their American counterparts in working for startups, but less than half as likely to accept startup job offers, largely due to visa concerns.

A relatively simple solution, the researchers said – as proposed in the Stopping Trained in American Ph.D.s from Leaving the Economy (STAPLE) Act in 2009, and again now by the Biden administration – would be to give foreign-born STEM doctorates green cards upon graduation through existing employment-based visa categories while also exempting them from national caps.

Roach and Skrentny found a highly competitive market for STEM doctorates, who, according to data from the U.S. Bureau of Labor Statistics, had a pre-COVID 19 unemployment rate of roughly 1% and a median annual salary of $100,000. The researchers found in their own survey data that American and foreign-born doctorates reported no significant differences in compensation or hours worked early in their industry R&D careers, suggesting that U.S. workers were not being negatively impacted and foreign workers weren’t being exploited – two significant concerns relating to H-1B visas.

Such detailed data about the visa paths of U.S. university STEM doctorates hasn’t previously been available to inform policymakers, the researchers said. They said the data suggests immigration policy should treat STEM doctorates from U.S. universities differently, given their relatively small numbers – roughly 3,000 to 5,000 per year – but disproportionate contributions to innovation.

“We provide new evidence that, we think, dispels many of the concerns that have hindered past efforts at visa reforms for high-skilled workers,” Roach said. “We are optimistic that this study might provide much needed evidence in support of visa changes.”

Roach acknowledged funding support for the research from the Ewing Marion Kauffman Foundation Junior Faculty Fellowship, and Skrentny from the Alfred P. Sloan Foundation and National Science Foundation.

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Green-card exemptions for Ph.D. graduates in science and math

Legislation fast-tracked in the U.S. House would exempt STEM Ph.D. graduates from green-card caps. It would also toughen international research disclosures, expand foreign-language study, and establish a U.S. alternative to Confucius Institutes. 

What’s in the America COMPETES Act

A U.S. House bill aimed at boosting American competitiveness would exempt STEM Ph.D. graduates from numerical limits on immigrant visas — and require them to pay a supplemental fee to fund scholarships for low-income American students in science and engineering.

The measure would effectively staple a green card to the doctoral diploma of qualifiying international students in STEM, a long-held priority of college groups. The green-card exemption would also extend to immigrants who earn STEM Ph.D.s from foreign universities, if they are equivalent.

The America COMPETES Act is the House counterpart to Senate legislation passed last year aimed at countering Chinese competitiveness. Like the Senate measure, the bill, which could be taken up as soon as this week, contains a number of new reporting requirements for colleges and researchers engaged in international collaborations. It also provides millions in new federal R&D spending, much of which could go to universities.

But the legislation also has some surprising new provisions — for one, it would set up a U.S. government program for the study of Chinese language to replace Chinese-funded Confucius Institutes.

Buried in the 2,912- page bill are a number of provisions that are important to international education. Let’s run through them:

The bill would prohibit federal-grant recipients from participating in “malign” foreign talent recruitment programs, including those sponsored by the governments of China, Iran, and Russia. Researchers and colleges would have to certify that no members of their research team are participants in the programs, which seek to gain expertise by offering foreign researchers stipends and appointments.

Colleges would be required to disclose any foreign grants or contracts of $100,000 or more in one year or $250,000 over three years to the U.S. Department of Education. While the House bill lowers the threshold for annual reporting from the amount in current law, $250,000, the Senate measure went further, mandating disclosure of $50,000 or more from an overseas source.

• Individual faculty and staff members would be required to report contracts or gifts from foreign entities of $50,000 or more — a new requirement. The bill also spells out processes for both colleges and the Education Department to follow.

The measure would put in place new transparency requirements for Confucius Institutes, the Chinese language and cultural centers. The Education Department, in consultation with the National Academies of Science, Engineering, and Medicine, would review all Confucius Institute agreements to ensure that they protect academic freedom and give full managerial and curricular control to the American partner. Colleges that fail to comply could lose access to federal higher-education funding.

• This language doesn’t go as far as the Senate bill, which would have barred Education and National Science Foundation funding to colleges that host Confucius Institutes.
• Nonetheless, the bill’s authors make clear they would like to see alternatives to the centers. The legislation would set up the Liu Xiaobo Fund for the Study of Chinese Language within the U.S. Department of State, named for the Chinese human-rights advocate and Nobel Peace Prize winner, to fund study of Mandarin and Cantonese Chinese as well as Tibetan, Uyghur, Mongolian, and 24 other contemporary spoken languages of China.
• It also establishes a new United States-Taiwan Cultural Exchange Foundation to send high school and college students to Taiwan to study Chinese language, culture, and politics. Taiwan has been trying to position itself as an option for Chinese study .

International education programs under Title VI of the Higher Education Act would be reauthorized to increase and expand foreign-language and area studies at American universities. The bill specifically seeks to grow international-education capacity at minority-serving institutions.

Finally, the bill would exempt STEM Ph.D.s (and their spouses and children) from the green-card cap, provided they are planning to work in the United States in a related field.

• It also would charge them a supplemental fee of $1,000 to go to scholarships to help low-income U.S. students study STEM.

Caveats, caveats. This legislative proposal is just a starting point. It could face opposition, and individual provisions will almost certainly change. More than 500 amendments have been submitted to the House Rules Committee, among them proposals to lower the threshold for universities to report foreign funds, bar colleges with Confucius Institutes from receiving any federal money, and include international graduates in health-related disciplines in the STEM exemption.

A fast track? House leaders have said the bill is a priority, and heading off the economic and innovation threat posed by China is one of the few issues that receives bipartisan agreement these days. Although there are differences between the bills, “the Democratic leadership in both the House and the Senate will see this thing across the goal line,” Sen. Todd C. Young, the legislation’s top Republican sponsor in the Senate, said last week.

What did I miss? Shoot me an email and let me know if there are provisions I skipped or details I didn’t catch. And please use that address to share any story ideas, feedback, or tips.

China Initiative Round-Up

The FBI’s top expert on research security with China said the agency will shift its strategy on the China Initative, moving away from a prosecutorial approach.

Patrick Shiflett, FBI supervisory intelligence analyst, told a meeting of the American Physical Society that the agency would put more emphasis on using regulations to deal with issues of research security and transparency, rather than going to court.

“We realized our strategy needs to adjust” after listening to feedback from the higher-ed and research communities, he said.

Officials had been signaling in off-the-record comments that the Biden administration would move away from the more-aggressive probe of economic and academic espionage with China, especially after several dismissals and court defeats. But Shiflett spoke in a public forum about the new direction.

However, the FBI expert made clear in his remarks that the FBI continues to have concerns about China’s “abuse of access to the U.S. academic community” to build up its own technological know-how, some of which could benefit the Chinese military.

In other news, a federal judge dealt a blow to the federal government’s case against a University of Kansas professor accused of concealing his ties to China. Judge Julie A. Robinson excluded the testimony of a key government expert saying it could “ color the trial with national-security overtones .” Franklin Tao, she noted, is not charged with espionage or theft of trade secrets, and testimony about broader Chinese government policy raised the “danger of unfair prejudice, confusing the issues, and misleading the jury.”

Robinson wrote that the testimony “also poses a significant risk of stoking Sinophobia, especially given that Defendant, who is Chinese, faces trial amid increasing reports of anti-Asian discrimination and violence since the outbreak of the COVID-19 pandemic — and evoking exactly the kind of negative emotional response that might ‘lure the [jury] into declaring guilt on a ground different from proof specific to the offense charged.’”

And a MIT researcher cleared of China Initiative charges called on faculty and university leaders to “ stand up and speak out ” against the investigations. The probe is “damaging” for research and science, Gang Chen said. “This chilling effect will really hurt everybody.” But Chen says he doesn’t know if he’ll ever feel safe applying for U.S. government research funds again.

Settlement in Fake University Case

The U.S. Department of Homeland Security has released the details of a proposed legal settlement related to a fake university it set up as part of a student-visa sting operation.

The department is settling a class-action lawsuit brought by former students of the University of Northern New Jersey without admitting wrongdoing. (A judge must still approve the settlement.)

Federal agents set up UNNJ a decade ago as they combatted an outbreak of sham universities that attempted to use the student-visa system as a way to bring foreign nationals to the U.S. Masquerading as representatives of the for-profit institution, agents set up a website — with a Latin motto and campus mascot — and maintained an extensive social-media presence .

It’s not the only such sting — authorities ran a similar phony institution, the University of Farmington .

Officials said they hoped to target brokers and recruiters involved in such “pay to stay” schemes. In 2016, they pulled the plug on UNNJ, arresting 21 people. They also terminated the visas of students at UNNJ for being “fraudulently enrolled.” A group of the students sued, saying Homeland Security didn’t give them the opportunity to appeal their termination.

In the settlement notice , the department denied all allegations of wrongdoing but said it was settling to “avoid the expense and inconvenience of continuing to litigate the case.”

Under the settlement, the government would, among other actions:

• Not use UNNJ enrollment as a criteria to find people inadmissable to the U.S. or deportable;
• Not deny future immigration benefits based on UNNJ enrollment;
• Move to dismiss removal proceedings; and
• Permit UNNJ students to apply for reinstatement to student status if they are admitted to a new college and meet other requirements.

Share this newsletter with colleagues and friends interested in international ed, and encourage them to subscribe .

Around the Globe

The College Board will roll out the new digital SAT first at international testing sites.

The State Department plans to hire dozens of foreign service officers to help deal with a visa processing backlog . 

One student was killed and three others were wounded when a fellow student opened fire in a lecture hall at a German university.

Brazil, Ghana, and Turkey are among the “next frontiers” for international-student recruitment, according to a report from Studyportals and Unibuddy.

The UK met its foreign-enrollment targets a decade ahead of schedule.

British universities could be hit with 10 days of walkouts next month over pay and pensions. 

Female students in Morocco have flooded social media with stories about professors pressuring them for sexual favors in exchange for good grades after a high-profile conviction.

An Australian premier reversed course and allowed international students left in limbo to return to classes after quarantining.

A Dutch university said it would return funds it had received from a Chinese law center that had denied Chinese government human-rights violations against ethnic minorities.

China has advanced on a pair of global rankings while fewer U.S. universities make the cut, according to a new analysis from Georgetown’s Center for Security and Emerging Technology.

The job market for new college graduates in China is getting tougher.

About a quarter of respondents in the latest Diversity Abroad survey of international-education professionals identified as a member of a historically underrepresented racial or ethnic group. 

Six CUNY professors are suing their local union after it passed a resolution supporting the Palestinian people.

New podcast alert! Global Scholar Stories is from the Journal of International Students . 

Want more global news? Follow me on Twitter or LinkedIn .

And finally…

Here’s a fun international-ed-related question:

If you could snap and learn a world language, which one would it be? I’d probably pick Japanese or French. — Mohamed Abdel-Kader (@MAKtweeter) January 24, 2022

My tongue-in-cheeck answer would be to learn German — with a name like Karin Fischer, I always disappoint German-speakers with my lack of linguistic ability. My honest-to-god answer would to be truly proficient in Chinese. Alas…

What about you? If the foreign-languages fairy could give you sudden fluency, what language would you pick?

’Til next week —Karin

Karin Fischer

A freelance journalist and expert on global issues in higher ed, Karin has been writing for more than a decade about the changing relationship between American colleges and the world. More by Karin Fischer

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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.

Request a call back from our immigration experts

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.

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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

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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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