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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

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Options for Noncitizen STEM Professionals to Work in the United States

The United States has long been a destination for top talent from all over the world. Our ability to attract global talent—especially in the fields of science, technology, engineering, and math (STEM)—has spurred path-breaking innovation, leading to the creation of jobs, new industries, and new opportunities for all Americans.

This online resource provides an overview of some of the temporary and permanent pathways for noncitizens to work in the United States in STEM fields. This guide also highlights some of the most important considerations for STEM professionals contemplating working in the United States. Subsequent sections outline these pathways in more detail.

More information on how to apply is available on uscis.gov for both temporary and permanent pathways as well as for optional practical training for students. In addition, a general guide to employment in the United States can be found in the Working in the United States section of uscis.gov. You may wish to consult with an attorney to evaluate the best classification for you.

Key Questions to Consider When Choosing a STEM Pathway

Do I have the education, experience, or skills needed to qualify?

Some pathways, such as the O-1 nonimmigrant visa classification and the EB-1A immigrant visa classification, are for those with “extraordinary ability.” These require that a person have widespread and sustained acclaim. Others, such as the H-1B, require at least a relevant bachelor’s degree or equivalent. And others, such as the L-1, require a pre-existing relationship with a company that does business both in the United States and abroad.

Do I need to have a job offer? Do I need a company to submit a petition for me?

Most pathways require you to already have a job offer, in which case an employer will submit a petition to USCIS on your behalf. However, some classifications do not require a job offer and permit you to directly submit an application or petition with USCIS (“self-petitioning”). For example, if you are seeking lawful permanent resident status (a Green Card) based on a classification as an individual with “extraordinary ability” (the EB-1A category), you do not need a job offer and do not need an employer to file the immigrant petition on your behalf (meaning, you may self-petition). Although a job offer is not required in this example, you must provide evidence establishing that you are coming to the United States to continue work in your area of expertise.

Will I be working in the United States on a permanent basis as a lawful permanent resident, or will I be working on a temporary basis as a nonimmigrant?

Some opportunities provide a basis for individuals, including STEM professionals, to obtain permanent resident status in the United States. Permanent resident status allows you to live and work in the United States permanently, and typically provides you with a path to citizenship. These opportunities are known as “immigrant” pathways.

Others (for example, F-1 OPT, H-1B, L-1 and O-1), also known as “nonimmigrant” pathways, allow you to temporarily live and work in the United States. Many people who do work through one of these nonimmigrant pathways eventually transition to permanent resident pathways, and eventually U.S. citizenship .

Are there any other criteria that are required for a specific pathway?

Some criteria that are not directly related to professional qualifications can affect visa eligibility. For instance, only citizens of Canada and Mexico qualify for TN visas. In addition, there can be some timing or other requirements particular to certain pathways. For example, some immigrant pathways require the employer to first obtain an approved labor certification from the U.S. Department of Labor. The labor certification verifies that there are insufficient able, available, qualified, and willing U.S. workers to fill the position and that such employment will not adversely affect the wages and working conditions of similarly employed U.S. citizens.

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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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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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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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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• 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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Ensure you have the greatest chance of a successful appeal. We will represent you in any case.

The Advice Package

During this untimed Advice Session with our professional immigration lawyers in London, you will receive our comprehensive advice, completely tailored to your needs and your situation.

The Application Package

With our Application Package, your dedicated immigration lawyer will advise you on your application process and eligibility. Your caseworker will then complete and submit your forms to the Home Office on your behalf.

The Fast Track Package

Our Fast-Track Application Package is a premium service for those who need to submit their application in time with their deadlines. Your case will become a top priority for our lawyers and you will benefit from our highest-quality services.

The Appeal Package

By choosing our Appeal Package, you can rely on our lawyers’ legal knowledge and experience to ensure you have the highest chance of a successful appeal. We will also fully represent you in any hearings/tribunals.

We offer immigration advice sessions as face to face appointments at all of our offices, or via the phone. Learn more

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

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.”

Library Faculty Eliminated Amid ‘Fiscal Insanity’ at Western Illinois

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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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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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EB1-1-2 Green Card – Professors – EB1b Green Card – Teaching in the US could be an opportunity of a life time but if you’re here on a J-1 or H-1B visa, that time will come to an end unless you’re able to secure a green card. The EB-1-2 professor/researcher visa may be an ideal option for you and your family.

EB1B Green Cards

Welcome to our video presentation on EB1B Green Cards for Outstanding Professors and Researchers, and we’re delighted that you found us. The EB1b green card is available to outstanding Professors and Researchers, and typically these applicants will be working at the very top of their profession at a university or in some public or private prestigious research facility.  Most universities have a hierarchical structure and at the top of that pyramid are the Tenured Professors and Associate Tenured Professors. Therefore, in order to qualify for this EB 1b green card, a university that is offering you a tenured position or placing you on tenure track towards a tenured position must sponsor you.  A tenured position or tenured track position is by definition a permanent position.

The doctrine of tenure was formulated to enable esteemed professors and associate professors the freedom to do their job without fear or favor. In the legal profession for example, judges have tenure so they are able to make judicial decisions without fear of losing their job.  In a university setting, tenured positions were created so that their scholars were free to explore their various theses, and hold unconventional opinions without fear of having to tow a university or political line, or an established school of academic thought.

Tenured positions are typically reserved for Professors and Associate Professors. A junior professor would not be promoted into a tenured position unless they had established outstanding academic credentials. The underlying attraction of tenure was total job security therefore universities only gave tenure to the very best and most accomplished scholars.

Many universities no longer work the tenure system, but rather choose to offer one-year renewal contracts. Thus, such opportunities will not be viable for the EB-1b green card. However, the next rung down on the immigration ladder is the EB2 green card. The EB2 green card is available to anyone who has an advanced degree such as a Masters degree, PhD, Law Degree and so forth.

EB1B vs EB2 Difference

The main difference between the EB1B and the EB2 is that the EB-1-2 candidate can be sponsored and approved within just a few weeks, whereas with the EB2, the university must first prove that there is no American citizen qualified and willing to take the job on offer.  Finally, the Professor must have at least three years teaching or in research (including a combination of both), in the specific area of the job being offered.

Ok – let’s talk about researchers. The research post on offer must be a comparable position within a university or institution of higher education to conduct research in the area, or a comparable position to conduct research in the area with a department, division, or institute of a private employer, providing the department, division, or institute employs at least 3 persons full-time in research activities, and has achieved documented accomplishments in an academic field.

In plain English, Immigration is looking to make sure that the term ‘researcher’ is not a euphemism for anything else within the academic field. Therefore Immigration will be looking closely at the position being offered and the standing of the institute or private facility as to how prestigious and highly regarded they are. We hope you found this presentation informative and helpful. Please do not hesitate to contact us so we can discuss any opportunity you may have.

Immigration Law Offices of Chris M. Ingram

US Immigration Law Offices of Chris M. Ingram Chris M. Ingram LL.M., ESQ – Immigration Attorney Admitted in New York. Practice Specializing in US Immigration Law 401 Wilshire Boulevard, 12th Floor, [Cross Streets 4th and Wilshire] Santa Monica, California 90401 Tel: 310 496 4292

Everyday the Law Offices of Chris M. Ingram provides a comprehensive range of US Immigration expertise. We also provide a free consultation for our prospective clients.

Please note that nothing contained in this website or link therefrom shall be regarded as providing legal advice. Please contact us directly for legal advice specific to your situation. Thank You.

Specializing in the E2 Visa, EB1 Green Card, L-1A Visa and O1 Visa and K1 Visa Marriage-Based Immigration. Attorney Chris M. Ingram is dedicated to providing the very best in US Immigration legal representation. Enjoy our website.

Important Notice: Please note that all videos created by the Law Offices of Chris M. Ingram are intended as general information only and not specific legal advice pertaining your case. If you would like specific legal advice on any immigration matter please do not hesitate to contact this law office accordingly. All pictorial images used in these videos and the website in general are licensed stocked images and not portraits, or otherwise, of anyone from the Law Offices of Chris M. Ingram, nor of its clients unless otherwise indicated by name. All images are used solely for illustrative purposes only. Copyright 2010-2015 All Rights Reserved.

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Ontario PhD Graduate Stream

The Ontario PhD Graduate stream gives international students, who have graduated from a PhD program at an eligible university in Ontario, the opportunity to immigrate permanently to Ontario without the requirement of a job offer. 

Applicants who are successfully nominated under the Ontario Immigrant Nominee Program (OINP's) PhD Graduate Stream may apply to Immigration, Refugees and Citizenship Canada (IRCC) for Canadian permanent resident status. 

Eligible PhD graduates do not need a job offer to apply.

For more information on the Ontario PhD Graduate Stream, this page will cover the following topics:

• Eligibility Requirements 
• Application Process 
• Who is not Eligible to apply for the PhD Graduate Stream?
• Eligible Ontario Universities

Eligibility Requirements

In order to be eligible for the OINP PhD Graduate Stream, individuals must:

• Have completed all the necessary requirements to obtain a PhD degree from an eligible Ontario university with  at least two years  of the degree requirements completed while lawfully living and studying in Ontario;
• The applicant will be required to provide documentation with his or her full name and address in Ontario to prove that this requirement is met. For example, phone bill, car insurance, hydro/energy bill, leasing document, etc.
• Dependent family members include: Spouse or common-law-partner, children under the age of 22 and their children.
• Submit the application within two years of the date on which the PhD was granted;
• Intend to live and work in Ontario; and
•  The OINP accepts applications from potential applicants who are on  maintained status  at the time of applying. 

Settlement Funds 

Potential applicants to the OINP PhD Graduate Stream can demonstrate they have sufficient funds to economically establish themselves in Canada through one or a combination of the following:

• Funds as demonstrated by the balance listed in bank statements, or statements of accounts showing other investments such as non-locked in, fixed term deposits, mutual funds, etc; 
• Annual earnings from ongoing employment in Ontario; and/or
• A job offer in Ontario.

If an applicant uses employment or a job offer in Ontario to meet the settlement funds requirement, he or she must include an employment contract/job offer letter indicating the position, hours of work, and wage. If currently working in Ontario, the applicant must provide two (most) recent pay slips as proof of funds. 

Ties to Ontario

While potential applicants to the PhD Graduate Stream do not need to be residing in the province at the time of applying, all applicants must intend to reside in Ontario.

Potential PhD Graduate Stream applicants can demonstrate a connection to Ontario by listing his or her ties to the province, which can include: 

• Current and/or previous employment in Ontario;
• Job offers or jobs applied/interviewed for in Ontario;
• Education in Ontario;
• Volunteer work in Ontario;
• Lease agreements for a residence in Ontario or property ownership;
• Professional networks and affiliations;
• Family ties;
• Social connections or personal relationships; and/or
• Previous visits to Ontario.

Application Period

An applicant's degree must be dated within two years of the OINP application submission date. For example, if the degree is dated June 1, 2017, the eligible graduate must apply before June 1, 2019. If the degree has not yet been granted, the applicant can use the date indicated on an official letter from the academic institution indicating when the degree will be granted.

Application Process

Before applying.

Prior to submitting an application, the OINP encourages potential applicants to review the eligibility criteria, document checklist, and ensure that the application is complete. All documents uploaded to Ontario's e-Filing portal must be clear and legible.

The OINP may request additional documents from PhD Graduate Stream applicants during the processing of the application. 

Applying for the PhD Graduate Stream online through the OINP's e-Filing portal may take approximately two hours to complete. 

Once a registration to apply is submitted through the OINP's online system, the applicant has  14 calendar days  to complete and submit the application or the registration will expire and get withdrawn. The OINP encourages applicants to complete an application before submitting a payment. Once an application is submitted to the OINP, the applicant will not be able to make any changes.

Applicants are responsible for the translation and notarization of any supporting documents that are not in English or French. It is the responsibility of the applicant to locate a certified translator accredited by the  Association of Translators and Interpreters of Ontario (ATIO)  and/or obtain a notarization of documents translated by a translator not certified by the ATIO.

If an applicant located in Ontario is not able to find a certified translator accredited by the ATIO, the translation must be notarized. A letter explaining the reasoning and efforts taken to locate a certified translator must included with the application. 

If applying from outside Ontario, the translation must be notarized. If deemed insufficient, the OINP may require applicants to obtain a translation from a certified translator accredited by the ATIO. Translations completed by the applicant, their representative, or others with personal ties to the applicant will not be accepted even if these individuals are considered certified translators. 

After Applying

If the OINP considers an application to be incomplete, individuals looking to apply for the OINP PhD Graduate Stream will be required to resubmit a new application. The OINP may consider an application to be incomplete if inaccurate supporting documents are provided or documents that require translation are not certified or notarized. 

Applicants who believe the OINP's decision was made in error may request an internal review of the application within 30 calendar days of receiving the notice of the decision (if residing in Canada) or within 60 calendar days if residing overseas. The request must not include any evidence that was not submitted to the program before the decision was made unless the evidence was not reasonably available at the time of applying. The OINP's internal review decision is final. 

If the application is successful, applicants will be issued a Letter of Nomination (Nomination Approval Letter) and a Confirmation of Nomination (OINP Certificate of Nomination). 

The next step after obtaining a nomination from the OINP is to submit a Canadian permanent residence application to IRCC within six (6) months of being nominated by the OINP. Applicants must include a copy of both the Letter of Nomination and the OINP Confirmation of Nomination with their permanent residence application to IRCC. 

The OINP states that a nomination does not guarantee the approval of an application for Canadian permanent residence with IRCC. The OINP requires that nominees continue to demonstrate, on a reasonable basis, the intention to reside in Ontario.

While nominations are valid for a six-month period, the nominee may submit a request for an extension of the Nomination Certificate if it is no longer valid and: 

• IRCC returns the permanent residence application due to incompleteness requiring the submission of a new application; or 
• the nominee is experiencing delays in securing supporting documents for the permanent residence application (i.e. a police criminal record check) and has not yet applied to IRCC. 

The OINP has an immigration stream dedicated to international students who have a master's degree from an eligible Ontario university. Learn about the OINP Masters Graduate Stream . 

Who is not Eligible to Apply for the PhD Graduate Stream?

The following individuals are not eligible to apply under the Ontario PhD Graduate Stream:

• Individuals who have not yet completed their PhD degree. The OINP will not accept applications from international students who are in their final semester of studies. Applicants must have met all the degree requirements at the time of application.
• Individuals who completed their PhD degree more than two years ago.
• Individuals who are the recipient of a grant, bursary, or scholarship that requires them to return to their home country or another jurisdiction (another Canadian province/territory or another country) after the completion of their studies (provided that the obligations have not been fulfilled).
• Individuals who currently live in Canada without legal status.

Eligible Ontario Universities 

To apply for the PhD Graduate Stream, the PhD degree must be completed at one of the following universities:

• Brock University
• Carleton University
• Dominican University College
• Lakehead University
• Laurentian University
• McMaster University
• Nipissing University
• Queen’s University
• Royal Military College of Canada
• Ryerson University
• Saint Paul University (Federated with the University of Ottawa)
• St. Jerome’s University (Federated with the University of Waterloo)
• Trent University
• University of Guelph
• University of Ontario Institute of Technology
• University of Ottawa
• University of St. Michael’s College (Federated with the University of Toronto)
• University of Toronto
• University of Trinity College (Federated with the University of Toronto)
• University of Waterloo
• University of Windsor
• Victoria University (Federated with the University of Toronto)
• Western University
• Wilfrid Laurier University
• York University

Discover your Canadian immigration options

Latest news, canada's express entry draw results from august 14, 2024.

Immigration, Refugees and Citizenship Canada (IRCC) has conducted a second Express Entry draw this week, issuing 3,200 more Invitations to Apply (ITAs) to Canadian immigration candidates. Here are the results from IRCC's August 14 Express Entry draw.

Canada's Express Entry Draw Results from July 31, 2024

Immigration, Refugees and Citizenship Canada (IRCC) has conducted a second Express Entry draw this week. Read on for the results from the department's July 31st Express Entry draw.

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• Buying a Home
• Free Settlement Services
• Public Transportation
• Buying a Car
• Food and Grocery Options
• Buying Furniture
• How to Dress for the Weather
• TV and Home Entertainment
• Get to Know Canada

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Confusion as a new PhD graduate for immigration to the US

Hi, everyone. I am asking on behalf of my cousin who just graduated from his PhD program at Auburn University. For context, I read somewhere the there is a US ACT that would give STEM PhD graduates direct pathways to a green card or a visa? to work in the US. My cousin graduated with a PhD in industrial and systems engineering which I believe is STEM and I was wondering what are the possible steps for him to stay in the US.

As many know, it is insanely hard to right now to find a job right now that does H1B sponsorship and he really wants to stay in the US given the situation back home is not the most stable (China). He has a harder time as well as his field of study seems to be very limited to students who are US citizens or have a green card.

What are other options he can pursue to stay in the US? What are the steps to do so?

Thank you so much everyone!

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