Green Card After PhD

R

rvargiya

New Member
Hi,

My fiance is currently pursuing his PhD here in US. We were told by a friend that once a doctorate is accomplished, one can apply for his/her own greencard.
We were told that a Doctorate gets a green card in about one year's time and the work permit is given withing a few months itself. He also said that it is actually better to apply for the greencard yourself if you have a PhD degree, than applying through a company because the former way is much faster.
I would like to know if this information is correct.

Also, both my fiance and I are on F-1 visas currently. I am going to join a company and they filed for my H-1, which has been approved effective October 1st. My application for OPT is also being processed. We plan to get married at the end of this month and we were wondering if getting the marriage registered in a court would interfere with any of the processing.

Thanks so much for your time.
 
rvargiya said:
Hi,

My fiance is currently pursuing his PhD here in US. We were told by a friend that once a doctorate is accomplished, one can apply for his/her own greencard.
We were told that a Doctorate gets a green card in about one year's time and the work permit is given withing a few months itself. He also said that it is actually better to apply for the greencard yourself if you have a PhD degree, than applying through a company because the former way is much faster.
I would like to know if this information is correct.

Also, both my fiance and I are on F-1 visas currently. I am going to join a company and they filed for my H-1, which has been approved effective October 1st. My application for OPT is also being processed. We plan to get married at the end of this month and we were wondering if getting the marriage registered in a court would interfere with any of the processing.

Thanks so much for your time.
Click to expand...

Information is incorrect. Just having a PhD does not give any additional benefits. If the area of work or expertise is distinguished and the person has international recognition and awards, then he/she can petition for green card without going thru Labor certification.

Here is a quote from Dept of state:
http://travel.state.gov/visa;employ-based.html

"Persons of extraordinary ability in the sciences, arts, education, business, or athletics. Applicants in this category must have extensive documentation showing sustained national or international acclaim and recognition in the field of expertise. Such applicants do not have to have a specific job offer so long as they are entering the U.S. to continue work in the field in which they have extraordinary ability. Such applicants can file their own petition with the BCIS, rather than through an employer."
 
Thanks. But I was wondering what the definition of being "distinguished" in a field is. If a doctorate is considered the same as say a masters degree, how come most doctorates get their green cards so much more easily and faster. I do know one person who has a doctorate and has applied for his own immigration. I have heard that there are separate quotas for different degrees (also for "Researchers and Professors").

My information is only based on heresy and observation. I would appreciate any light on the issue.
 
rvargiya said:
Thanks. But I was wondering what the definition of being "distinguished" in a field is. If a doctorate is considered the same as say a masters degree, how come most doctorates get their green cards so much more easily and faster. I do know one person who has a doctorate and has applied for his own immigration. I have heard that there are separate quotas for different degrees (also for "Researchers and Professors").

My information is only based on heresy and observation. I would appreciate any light on the issue.
Click to expand...

The category I mentioned earlier is called E1, employment first preference. It also includes professors and researchers who have international recognition. It also allows managers of US based trans-national companies.
There is another category, (not in the first preference) called national interest in which if the applicant's work in considered as work on national interest (AIDS research, biotech research, physicians serving in underserved communities, etc.) the applicant can avoid Labor certification.
USCIS website can give you all the information you need.

Phds usually have many publications in journals of repute and their work is usually cutting edge. This might qualify them under E1. Check out the USCIS website:
http://uscis.gov/graphics/howdoi/eligibility.htm
 
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