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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.

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

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

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

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Related pages for your continued reading.

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

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

Is a green card the same as United States Citizenship?

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

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

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

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

IMMIGRATION LAW BLOG

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The STEM PHD Green Card Explained

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

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

What Is STEM?

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

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

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

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

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

What Is the Keep STEM Talent Act of 2023?

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

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

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

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

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

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

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

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

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

The EB-1 Visa

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

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

The EB-2 Visa

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

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

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

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

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

The EB-2 Visa With National Interest Waiver

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

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

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

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

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

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

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

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

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

Do Honorary Doctorates Count?

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

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

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

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

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

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

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

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

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

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

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

USCIS Clarifies Guidance for EB-1 Eligibility Criteria | USCIS

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

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

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

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

US Immigration Blog

Green Card Options for PhD Holders

In virtually all types of green card application, the foreign national seeking permanent residence must have a sponsor.  Typically the sponsor is the applicant’s employer or there is some type of familial relationship.  For certain PhD holders, or even PhD students, the foreign national can act as both the sponsor and the applicant.

The two paths to permanent residence that allow self-sponsorship are the EB-1 Alien of Extraordinary Ability category and the EB-2 National Interest Waiver (NIW) category.  While both categories have stringent requirements, the Eb-1 category is much more restrictive and requires the applicant to prove that he or she is one of the top individuals in his or her area of expertise.  Currently, there is no benefit to having an EB-1 application approved over an NIW application except for nationals of PR China and India.  Unless bragging rights are important, most applicants would be better off applying through the NIW category because approvals are easier.

There are three keys to a successful EB-1 or NIW application.

1.  Strong credentials.  In our experience, a successful EB-1 applicant should have a PhD, 10+ journal publications, 40+ journal citations, 5+ conference proceedings and previous service for a journal reviewing manuscripts or membership in highly regarded professional organizations.  These are not absolute minimums as we have obtained EB-1 approvals for clients with significantly weaker credentials but this should serve as a guide for potential applicants.  In contrast to the EB-1 requirements, an NIW applicant need only a PhD with 3+ journal publications and 5+ journal citations.

2.  Strong Recommendation Letters.  Both EB-1 and NIW applicants should obtain at least 4 recommendation letters from various sources.  These letters must be worded correctly or the USCIS officer reviewing the application will use the letters against the applicant to deny the case.

3.  Persuasive Cover Letter.  It is absolutely imperative to guide the USCIS officer through the application to educate them on the applicant’s accomplishments and why those accomplishments are superior to others.  The cover letter must cite the applicable statutes as well as federal court cases to explain why the applicant meets the legal burden of proof.  The burden of proof rests with the applicant and he or she must demonstrate eligibility for the category.

It normally takes about 12-18 months to get a decision on the EB-1 or NIW application.  If the applicant fails to demonstrate eligibility and the case is denied, it can be appealed.  Appeals generally take 12 months and most denials are sustained.  The applicant may also choose to refile but in each application, the applicant must disclose previous filings.  Without substantial new accomplishments, the case is likely to be denied again.  Therefore, it is vital to present the best possible case to USCIS in the first application.

10 thoughts on “Green Card Options for PhD Holders”

I have a friend who is considering self-sponsoring. All degrees from the US (5 in total), PhD from a top school (Univ. of Illinois at Urbana-Champaign), close to 10 journal papers (most as the sole or 1st author) and about 40 peer-reviewed conference papers. H-impact factor of 10 (meaning, at least 10 papers with 10+ citations), and the total citation count close to 300 according to Google Scholar. However, through a combination of circumstances (a temporary faculty position with uncertain research funding etc.), he’s facing being underemployed or even unemployed in the immediate future. Can he still self-sponsor, what are the implications if he briefly falls out of status, and do you provide initial consultation / evaluation of credentials? Is being on H1 and falling out of status (however briefly) a killer for self-sponsored GC applicants?

Please email me if your firm would provide credential evaluation / initial consultation. My friend wants to retain specifically experts in self-sponsored skill-based immigration, and your firm sounds like you might be the right choice there.

My wife has done her PHD from a foriegn University and she is dentist by profession. She has 5 Journal papers 6 Citations and has her own practice.

Can she apply for US citizenship in any of the provisions.

It is really very shameful and the stupid nature of the USA goverment how it tries to drive the most qualified people from the developing world! It is a shameful buisness for USA and its fucken people! While people get educated on the expenses of the poor nations, USA is exploiting the results of the fertile minds of these people! It is really brain theft! Down with the stupid USA government and its bulshit people! It is another form of colonization! Shame on you!!!

It is indeed true! Also, DISCRIMINATION is rampant across US industries despite they claim they are equal employee oppurtunity company! Most of the american grads working for top notch tech companies have bachelors from god knows college with zero publications. But even of you have degree from IIT, Phd from top 10 engineering college with 10+ journal publication, you have to work under them with less salary!

Someone forced you to go to US Mr. “Obama!” or “test focus”? Dont speak or write crap about some country without understanding why ppl leave theirs to go to US or other nation. Finally money matters to everyone. If US is taking the best ppl, it has right to take them. Y r the best ppl leaving their nations and going? Think about this issue first. No human wld like to leave their birth nation to any other without strong reasons….so think before u comment…change ur attitude…

My wife has completed the PHD on Bio tech and she does not have any job offer. Please let me know whether she is still eligible for EB1

Agree with Rahul. Although I do feel US exploits people anyway but I digress….

Most people who come here are from nations that are not on par with US standards ( living, human development, jobs etc). We don’t often see people here from sweden, Australia, canada, UK, NZ etc. Ofcourse there’s a reason, think about it.

I got my PhD in mechanical Engineering with 7 publication and 44 citations from Malaysia. Please let me know whether I am eligible for any green card scheme such as EB1 or EB2?

I have a master degree from India and have four journal papers with 40 citation. Also have six years of work experience. whether I am eligible for any green card scheme such as EB1 or EB2

I and my husband we both are Ph.D. My husband have more than 30 journals and have 15 years of teaching experience in the field of electrical engineering. I also have 7 years of teaching experience and have 3 journals and 3 conference papers. Please email me if your firm would provide credential evaluation / initial consultation. we want to retain specifically experts in skill-based immigration.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The value of non-STEM degrees

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

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

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

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

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

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

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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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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.

H-1B for PhD Holders and Students

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

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

H-1B Overview

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

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

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

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

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

What Are the Rules for PhD Holders?

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

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

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

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

H-1B to Green Card for PhD Holders

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

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

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

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

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

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

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

Alternatives to the H-1B for PhD Holders

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

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

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

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

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

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

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

How VisaNation Law Group Immigration Attorneys Can Help

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

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

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

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

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Green-card 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

Keeping STEM Ph.D.s

By  Elizabeth Redden

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Evgenia Parajanian/iStock/Getty Images Plus via Getty Images

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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EB2 Green Card – EB2 Advanced Degree – PHD Green Card

Eb2 green card / phd green card / eb2 masters degree / eb2 advanced degree green card.

Part 1 – Part 2

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EB-2 Green Card – This visa is ideally suited for someone with an advanced degree such as a Law, Masters or Doctorate Degree and who is coming to the US to do a job that requires such a degree as a minimum entry requirement. If you can satisfy this requirement then you should get the ball rolling today. Call me.

EB2 Green Card

When looking at the various visa options that we’ve covered, the EB2 green card visa is very much a strategic play to become a permanent resident. Let me explain it this way; the H-1B graduate visa is a relatively fast and easy visa to get if you have a bachelor’s degree or higher such as a master’s degree, doctoral degree or postdoctoral academic education at a university.  Subject to availability, an H-1B visa petition can be prepared in 2-4 weeks, filed and a decision can be made in a further 2 weeks. There is a little more to it than outlined but the overall point is well made. In contrast, EB2 green card visas can take many months to prepare, file and get a decision on, so long in fact that an employer will not typically wait (eb2 processing time is possibly over a year) for an employee to be able to start work. Therefore, what many aliens do is get their H-1B visa taken care of because of the relative speed of processing and these H-1B visas have an initial visa duration of three years.  Now the employer and the employee can work together while the EB2 green card visa is processed.

EB-2 green cards by way of employment are classified into categories, the only reason for this classification is because each category of green card are given their own quotas The three main categories are the EB1 green card for Aliens of Extraordinary Ability , EB-2 Advanced Degrees -EB2 green card for aliens who are members of the “professions” typically requiring an advanced academic degree (technology, scientist, chemistry, physics mathematics, engineer, computer science, etc.) and the EB3 green cards who are aliens of exceptional ability, a determination typically requiring an Associate Degree (equivalent to half an undergraduate BA) or higher degrees.

EB-2 Advanced Degree Green Card Visas Rarely Backlogged including EB2 Masters Degree and PHD Green Card

Each year US Immigration (USCIS) allocates approximately 40,000 green cards for a U.S. immigrant visa to each category. As you might imagine, the EB1 green card visas and EB2 green cards are rarely all used up each year, but for the EB3 green card visa applicants in this category can often backlogged for 3-5 years, so there is clear incentive to qualify for the EB2 advanced degree green card if the education and job opportunity is there.

 In order to qualify for the advanced degree EB-2 green card visa there are a few steps the applicant has to go through so let me run through them.

Labor Certification (PERM)

EB2 Green Card – Most Candidates for Labor Certification have a great relationship with the US employers who can work well with us to expedite the process.

Even though a US Employer can hire any graduate alien under the H-1B graduate visa program without regards as to whether there are any suitably qualified Americans available when it comes to petitioning that immigrant for a green card it’s a different story. For the EB2 greencard visa aliens seeking permanent residency, the employer is required to go through a process called Labor Certification also known as PERM.

This is a process where by the employer is required to advertise this permanent vacancy to the US work force through a series of advertising requirements and only if no suitable qualified aliens are found is the employer then allowed to hire an alien.  The process of Labor certification is monitor by the Department of Labor (DOL) and it’s the DOL that issues the certificate or permit to the employer. The employer is then required to submit that certificate with the petition to USCIS as proof that the employer successfully completed the Labor certification process.

There’s no doubt about it PERM can be a real hassle, nevertheless it’s our job to take as much of the hassle out of the entire process as possible.

EB2 Green Card – Expertise and experience are the two vital elements to a successful case. If you have the right qualifications and the right job opportunity we’ll do the rest. Consider it done!

Qualifications vs. Job on Offer

It is important that professionals with the advanced PHDs or Masters degrees are matched with a job where the minimum qualifications are of an advanced nature. For some professions this is very easy to identify such as a lawyer must have documentation of a law degree and a law degree is an advanced degree therefore qualification and job are a perfect EB2 green card visa match. Equally so a Medical Doctor taking up employment as a Medical Doctor must have a PHD, there are no exceptions, therefore another perfect match.

However, there are some professions where the demarcation lines are less clear, for example, an experienced and knowledgeable marketing executive earning $300,000 per year may not even have a degree and it’s less clear whether that particular marketing position or a similar role would necessarily require any advanced degrees or a BA plus five years work experience. It’s also worth noting that if this marketing executive had twenty years experience as a professional but had no degree diploma then the EB2 green card visa would be unlikely to be a good fit. So it’s really important that the advance qualifications are the minimum requirements generally for that position.

We can talk over your individual case and discuss which of the EB green card classifications would be right for your particular needs.

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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.

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Update: Am I Qualified for Chinese “Green Card”?

If you have a phd and work in shenzhen, contact us.

There are some changes and good news for Chinese Permanent Residency application  from 2023 .

The main changes from 2023

1. phd. holders.

The expats(non-overseas Chinese) holding a PhD must work for consecutive  four years  in Shenzhen and salary and tax must be  met certain standards .

Only needs to  work in Shenzhen ,  no requirements  for work years, salary and tax.

2. Overseas Chinese without PhD.

You need to work for consecutive four years in  Guangdong province. 

Can apply if you work for consecutive four years in  CHINA.

Spouse and minor children can apply together.

3. Employment route by salary and tax.

There are two standards of salary and tax.

One is that family members can apply together, the other is that only employee can apply and family members can’t apply together.

Family members can apply together:

Spouse and unmarried minor children can apply GC together if employee’s annual salary is more than  671,000RMB  and annual individual income tax is more than  135,000RMB.

Spouse and unmarried minor children can apply GC together if employee’s annual salary is more than  810,000RMB  and annual individual income tax is more than  162,000RMB.

Only employee can apply:

Foreigners who have annual salary income (before tax) of more than  400,000RMB  for 4 consecutive years and pay salary-based personal income tax of  70,000RMB  or more each year;

Suspended.  Waiting for the government notice. 

What’s the Benefits of China Green Card?

https://www.chinadaily.com.cn/a/201904/22/WS5cbd1b59a3104842260b773e.html

Application Conditions of Chinese “Green Card” from 2023.

Today we will elaborate on the requirements for applying for a Chinese green card in Shenzhen. There are five main categories as below: 

I. Overseas Chinese

1A. Overseas Chinese with Ph.D.

（1）Have a doctoral degree or above;

  (2)  Work in a Shenzhen company.

1B. Overseas Chinese without Ph.D.

(1) Have been working for four consecutive years in an enterprise in  CHINA,  currently work in a Shenzhen company;

(2) Have lived in China at least six months each year.

II. Reunion Category

2A. Foreigner married a Shenzhen resident

(1) Chinese spouse is a Shenzhen resident;

(2) More than five years marital relationship;

(3) Have been living in China for 5 years and staying at least 9 months each year;

(4) Have a stable living guarantee and domicile.

2B. Minor foreigner reunited with their parents in Shenzhen

(1) One or both parents are Chinese citizens (with permanent residence in Shenzhen) or foreigners with permanent residence in China;

(2) Under the age of 18 and unmarried;

(3) Those who have foreign nationality after nationality recognition.

2C. Foreigner relying on Shenzhen immediate relative

(1) Those who have no immediate family abroad and relying on his/her immediate family member in China;

(2) More than 60 years old;

(3) Have lived in China for 5 consecutive years, and stay in China for no less than 9 months each year;

(4) With stable living security and residence.

III. Employment Category

3a. senior executives.

(1)Hold the positions of chairman/vice chairman/general manager/ deputy general manager or above in China, or have associate professor/associate researcher/other deputy senior titles or above;

(2) Have been working for consecutive four years, and have resided in China for not less than three years accumulatively within four years;

(3) Good tax records;

(4) The employer meets one of the following conditions and has been for four consecutive years:

A. Work in various departments of the State Council, scientific research institutions affiliated to the Guangdong Provincial People’s Government, or public institutions; B. Those who work in key institutions of higher learning (“211 Project” schools); C. Work in an enterprise or institution that implements a national key engineering project or a major scientific and technological project; D. Work in a high-tech enterprise/an encouraged foreign-invested enterprise/foreign-invested advanced technology enterprise, or a foreign-invested product export enterprise.

Accompanying spouses of the above persons and their unmarried minor children can apply for the corresponding permanent residence permit at the same time.

3B. Salary and individual income tax meet the standards

3B-1:  Only employee can apply, family members can’t apply together.

Suspended now.

(1) The foreigner has been working in Guangdong for consecutive 4 years, and has actually lived in China for not less than 6 months in each of the 4 years;

(2) Foreigners who have annual salary income (before tax) of more than  400,000 RMB  for 4 consecutive years and pay salary-based personal income tax of  70,000 RMB  or more each year;

(Suspended, waiting for new standards)

(3) Upon the recommendation of the employer, you can apply for permanent residence in China. 

3B-2: Employee’s spouse and minor children can apply together.

(1) The foreigner has worked in Guangdong for 4 consecutive years, and has actually lived in China for not less than 6 months in each of the 4 years;

(2) Foreigners who have annual salary income (before tax) of more than  810,000 RMB  for 4 consecutive years and pay salary-based personal income tax of  162,000RMB  or more each year;(new standard from 2023).

3C. Ph.D Holders

Iv. high-end talents category.

4A. High-end Talents

Foreigners who meet the criteria for the identification of high-level foreign talents may apply for permanent residence upon the recommendation of the Guangdong Provincial Free Trade Office or the Shenzhen Municipal Government. Their spouses and minor children can apply together.

4B. Top Talents

Foreigners who meet one of the following conditions can apply for permanent residence in Shenzhen (their foreign spouses and minor children can apply together):

(1) Foreign personnel who have made significant and outstanding contributions to the China’s economic development and social progress;

(2) The world’s top experts, experts with special skills and celebrities who are of great value to China.

V. Investment and Entrepreneur Category

5A. Entrepreneur Category

According to the evaluation standard of talent points, foreigners who reach a certain score can apply for permanent residence on the basis of the relevant points evaluation certificate issued by Guangdong Free Trade Office or Shenzhen Foreign Trade Bureau.

5B. Foreigners who invest in Shenzhen.

(1) Those who have a stable investment situation for three consecutive years, with a total investment of US  $1 million  (or more than US  $500,000  for industries encouraged by the Industrial guidance Catalog for Foreign Investment promulgated by the State);

(2) Have a good tax record. 

Spouses and unmarried minor children of investors who have actually injected a total of registered capital of more than  2 million  US dollars (more than US  $500,000  for industries encouraged by the Industrial guidance Catalog for Foreign Investment promulgated by the State) for three consecutive years can apply together.

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Green card holder works abroad: tricky u.s. tax and immigration issues.

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When a green card holder works overseas, complex U.S. tax and immigration issues arise. It's crucial ... [+] to fully understand these implications before departing the U.S. to avoid potential problems.

Navigating the intricacies of U.S. tax laws can be challenging, especially for green card holders living abroad. Green card holders have concerns that remaining outside the United States for too long may result in loss of the green card. One area that often causes confusion for green card holders is the “foreign earned income exclusion,” a popular tax benefit for those working overseas.

This article aims to demystify the topic, offering essential insights into whether green card holders can use the FEIE and, if so, whether they should use it and how to approach it.

What Is The Foreign Earned Income Exclusion?

The FEIE, adjusted annually for inflation, allows U.S. taxpayers working abroad to exclude a certain amount of foreign earned income from their taxable income. For 2024, the FEIE amount is $126,500. Married couples can each claim the full FEIE amount, but one spouse's “excess” FEIE cannot be used by the other.

To qualify for the FEIE, certain conditions must be met, including maintaining a "tax home" in a foreign country and passing either the “bona fide resident” or “physical presence” test.

Key Requirements For The FEIE

• Tax Home: The individual must have a “tax home” in a foreign country. This is the individual’s primary place of business or employment. It's important to note that having a tax home abroad means one’s "abode" cannot be in the U.S.
• Assuming a tax home abroad, the individual must also meet one of two tests, the BFR or PPT.

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BFR : The taxpayer must be a bona fide resident of a foreign country for an uninterrupted period that includes a full calendar year. This involves examining numerous factors to demonstrate that one has in essence, settled in the foreign country. Generally, once a taxpayer meets the BFR test, it will carry over from year to year and the need to count days of physical presence spent in a foreign country versus the U.S. is far less worrisome. Stays in America are permitted so long as they are brief and the intention to return to the foreign country is clear.

PPT : This test requires physical presence in a foreign country or countries for at least 330 full days during any 12 consecutive months. Counting days is paramount. The days do not need to be consecutive, but they must be whole days spent in a foreign country.

Green Card Holders And The FEIE

Green card holders can claim the FEIE, but it's essential to understand the details and potential implications. If the green card holder has a tax home abroad, he may qualify for the FEIE with either the PPT or BFR test:

• Using the PPT : A green card holder meets this straightforward test by being physically present in a foreign country or countries for 330 days in any 12-month period.
• Using the BFR Test : Meeting this test is more nuanced. A green card holder can qualify under the BFR test if the individual is a “bona fide resident” of a foreign country or countries for an uninterrupted period that includes an entire tax year, and the individual is a citizen or national of a country with which the United States has an income tax treaty containing a non-discrimination clause. If a green card holder decides to use the BFR based on a treaty he should file IRS Form 8833 treaty return position disclosure.

Important Considerations And Strategic Planning

While the FEIE can offer significant tax benefits, green card holders must be cautious and carefully consider the immigration law conditions for maintaining the green card. Claiming the FEIE along with a tax home outside the U.S. could complicate the green card holder’s U.S. immigration status. U.S. immigration authorities might view this as inconsistent with the intent to reside permanently in the U.S.

Steps can be taken to use the FEIE while limiting the immigration risks. While the facts of each individual’s case will determine the most efficient way forward, professional planning addressing both tax and immigration concerns can help avoid potential issues.

Depending on the country involved, green card holders may be able to use the foreign tax credit to avoid double taxation. This credit allows the individual to offset U.S. tax liability with the taxes paid to a foreign country, does not involve the individual’s admission that he has a tax home or residency outside America and is therefore far less likely to raise any immigration challenges.

The opportunity to work abroad can be a fascinating experience and can present the green card holder the perfect opportunity to examine whether to keep the green card. It is crucial to carefully examine the U.S. tax issues involved when continuing permanent residence status. Holding on too long raises significant tax issues.

Deciding whether to claim the FEIE is more complex for green card holders since it requires careful consideration of both tax and immigration implications. Unfortunately, these issues are not typically addressed by tax return preparers. Green card holders should seek professional advice tailored to their specific situation when considering work overseas. Consulting with knowledgeable specialists can help ensure that informed choices are made, and potential pitfalls avoided.

I help with tax matters around the globe. Reach me at [email protected]

Send a note about an area of tax you’d like to see me write about.

NO ATTORNEY-CLIENT RELATIONSHIP OR LEGAL ADVICE

This communication is for general informational purposes only. It is not intended to constitute tax advice or a recommended course of action. Professional tax advice should be sought as the information here is not intended to be, and should not be, relied upon by the reader in making a decision.

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