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

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

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

EB-1 Green Card

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

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

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

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

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

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

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

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

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

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

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

Green Card for Ph.D. Holders

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

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

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

2. File the I-485 Application to Adjust Status

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

How Your Ph.D. Can Help

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

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

EB-1 Processing Time for Ph.D. Holders

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

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

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

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

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

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

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

What If I Am Outside the U.S.?

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

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

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

Can I Use Premium Processing?

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

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

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

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

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

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

EB-1 Green Card Processing Fees

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

The basic fees are as follows:

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

Alternatives to the EB-1 for Ph.D.

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

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

To do this, you must demonstrate these three things:

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

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

• PERM Labor Certification

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

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

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

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

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

EB-3 Category

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

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

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

Frequently Asked Questions

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

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

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

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

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

What should I do if my petition is denied?

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

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

How many recommendations do I need?

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

How many publications do I need?

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

Can I file multiple I-140 petitions simultaneously?

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

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

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

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

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

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

Why Choosing an EB1 Lawyer is Recommended

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

How We Can Help

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

Tags: EB-1 , NIW , Student Visa

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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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Page contents.

• Getting a Green Card With a PhD

How to Apply for a Green Card

How can total law help, frequently asked questions, getting a green card with a phd.

Once you complete your PhD program, your degree does not automatically grant you a green card in the US. However, having outstanding achievements such as a PhD can help you to qualify.

The most common green card categories for PhD holders to apply under are the EB-1A and EB-1B . These categories are both for those who have made significant contributions in their field and are not easy to qualify for.

They require extensive documentation to support your claim and these categories are carefully reviewed by USCIS.

This category is for foreign nationals who have extraordinary abilities and have made outstanding achievements in the areas of arts, science, business, or sports. Proof of your achievement may include an international award, significant commercial successes, or other international recognition.

When you apply for a green card through the EB-1A category, you may need to submit the following documents to meet USCIS criteria for eligibility:

• An international award
• Other international recognition such as major media articles or other published material
• Scholarly articles that were published in major trade publications or other major media.
• Proof of significant contribution or a leading or critical role in your field.
• Proof of international acclaim.
• Membership of an association or organization that requires the member to possess major significance in the field and exceptional ability.
• Recommendation letters from influential persons in your industry.
• Proof of a salary that is exceptionally larger than others in your position.

This category is for outstanding professors and researchers.

PhD holders who apply under this category may need to submit the following evidence:

• An international award or other international acclaim
• Proof of significant contributions in your research field.
• Membership in an organization that supports your claim for exceptional ability.
• Material published by other respected figures regarding your work in the research field.
• Proof that you hold a leading or critical role in your industry, such as participating as a judge for the work of your peers.
• Scholarly articles or other published work that appears in major trade publications or other major media.

In both EB-1 categories, you may be able to submit comparable evidence if your circumstances are unique. It is best to consult a qualified immigration lawyer to determine if you may be eligible to apply under this category.

Get in touch with our expert immigration lawyers to receive assistance with your case today Contact Us

Obtaining a US green card permits you to live and work permanently in the US as a foreign national. You do not need your PhD degree in order to apply under the EB-1 categories as long as you meet the eligibility requirements.

International students may choose to begin the green card process while they are still in a PhD program. Once you determine your eligibility, you must submit your required documents, petition, and fees to the USCIS. You can self-petition or if you have a US employer, they may be eligible to petition on your behalf

The application process for a green card can be lengthy because applicants must wait for priority dates to match up before they can submit their applications. Your priority date can not be expedited.

Applicants for green cards may need to wait up to twelve months to receive a decision. Some employment-based green cards may be able to be expedited in some situations with premium processing. If you have a permanent job offer from a US company, employer sponsorship may be a significant benefit over self-petitioning.

Take the first step. Request a Fact Finding + Expert Consultation Contact Us

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

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

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

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The Advice Package

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

The Application Package

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

The Fast Track Package

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

The Appeal Package

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

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

Related pages for your continued reading.

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

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

Is a green card the same as United States Citizenship?

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

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

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

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

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Understanding the EB-2 NIW Visa: A Pathway to U.S. Permanent Residency

If you’re a highly skilled professional with demonstrated excellence and/or a higher degree looking to move to America, the eb2 application could be the smoothest pathway.

Shachar Ben David

Table of contents.

• What is the EB-2 NIW Visa?
• Eligibility Criteria
• EB-2 NIW visa benefits & approval rates
• EB-2 NIW Visa process & timelines
• Make your visa process foolproof
• There are several types of employment-based visas for emigrating to the US.
• For highly skilled individuals, the EB-2 NIW visa could be your best bet.
• Eb2 eligibility depends on whether you can demonstrate exceptional ability in the arts and sciences or for those with higher degrees and at least five years of relevant work experience.
• There are two parts to the eb2-niw visa: getting the visa and National Interest Waiver approved, and filing for permanent residency.

All non-US citizens looking to work in America need a work visa. The EB-2 NIW Visa offers highly skilled foreign professionals a path to obtain a green card and establish permanent residency in the United States. Unlike other work visas, which require an investment of at least $1 million into US businesses, or a sponsor, the EB-2 NIW may be the simplest route to working and emigrating to the United States as a professional.

The EB-2 NIW is an employment-based green card for professionals with a bachelor’s degree plus at least five years of working experience, a graduate degree, or demonstrated “exceptional ability” in the arts, sciences, or business.

It stands for ‘employment-based visa, second preference with a national interest waiver. The EB-2 NIW process may be easier than other visas because it doesn’t require an employer sponsor. As long as you can show how your skills can benefit the country, you can apply to the US Citizenship and Immigration Services (USCIS). USCIS will then review the waiver and decide whether your profession or exceptional ability is enough to bypass job offer and labor certification requirements.

When approved for the EB-2NIW visa, you can apply for a green card and live and work in the US legally. Those applying from abroad will receive their green card in the mail before arriving in the US.

The EB-2 NIW is for foreign professionals with an advanced degree (such as a master’s or doctorate), a bachelor’s degree plus five years of experience, or “exceptional ability” in the arts, sciences, or business. USCIS guidelines explain that exceptional ability covers expertise that leads to advancements or greatly contributes to the sciences, arts, or business.

Examples include actors, economists, doctors, musicians, physicists, geographers, and academics who’ve won high honors or awards. As part of the eb2 niw requirements, you must prove you have an advanced degree, a bachelor’s degree with five years of professional experience, or expertise and ability in the sciences and arts. If you have exceptional abilities, you’ll need three of the following documents:

• An academic record verifying your degree, diploma, or certification from a college, university, school, or other institution
• Letters of recommendation from your current or former employers showing 10+ years of experience
• A license or certification for your profession
• Professional association membership
• Awards or honors from peers, government entities, and/or professional organizations
• A salary that reflects your exceptional ability

The second part of the EB-2 application is meeting the National Interest Waiver requirement, which says that your work meets the “three “prongs”:

• Your work is important to the US
• You have the right background and skills needed to perform the role in the US
• It benefits the US to waive job offers and labor certification requirements

The EB-2 NIW covers a wide range of fields from a medical researcher to a painter and art instructor.

For instance, a Filipino artist and instructor received his green card after showing his awards, peer reviews, testimonial letters, and art, which proved his exceptional talent. He was also able to demonstrate that his training and education programs would greatly benefit US children.

Eb2 NIW criteria are vast and cover professionals or experts from a wide range of backgrounds and industries. For that reason, USCIS doesn’t provide specific documentation for each industry, but they do have a list of suggested documentation to provide as evidence:

• A detailed job description or business plan
• Qualifications aside from your degree
• Intellectual property, such as patents, trademarks, and copyrights
• Proof of progress or contributions you’ve already made in your field
• Letters of recommendation from business partners, clients, and employees
• Published reports or articles covering your accomplishments
• Contracts or agreements
• Evidence of investor or government funding

EB-2 NIW visa benefits & approval rates

One of the biggest benefits of the eb2 application is that you can self-petition. Self-petitioning means you don’t need to find a US employer who wants to hire a foreign national, petition a foreign national, and complete the time-consuming PERM Labor Certification process. According to the Department of Labor, PERM Labor Certification process could take up to year.

Self-petitioning gives you more control over the process. You can complete documents on your own time instead of needing to depend on an employer to complete their forms . There’s also zero risk of an employer going back on a job offer and derailing your application.

The biggest benefit of an EB-2 NIW, however, is that it results in a green card for yourself and your family members. After receiving your EB-2 NIW, you can apply to become a lawful permanent resident (LPR), which paves the way to naturalize as a US citizen in 5 years. Or, if you’ve been a LPR for three years and married a US citizen, you can apply for citizenship in just three years. Citizenship allows you to live and work wherever you want in the country for however long you want.

For those seeking an EB2-NIW visa, there’s more good news: approval rates for STEM and Non-STEM-Related applications are around 90%

EB-2 NIW Visa process & timelines

After confirming your EB2 eligibility, follow the steps below to officially apply for the EB-2 NIW. Here’s what you’ll need to do:

Step 1: The first step is filing Form I-140 (Petition for Alien Workers) and the National Interest Waiver. You’ll need to fill in details such as your job title, SOC code, and job description.

Step 2: Attach supporting documents with the I-140. Label each document and whether it’s for the visa, waiver, or both.

Step 3: Pay the government fees. The filing fee for the I-140 is $715. You can pay with a check, credit card, or money order. You may also need to pay legal fees.

Step 4: Submit the I-140 anytime within the current year. Mail the form to the USCIS address for the state you’ll work in.

Step 5: After the USCIS receives your application, they’ll send you a receipt with a tracking number, which you can use to check the visa status on the government portal.

Step 6: If USCIS approves your EB-2 NIW, they’ll send you document I-797 to your address. Keep this form to complete the process.

The entire I-140 application process can take between four to six months. To shorten the processing time, you can pay an additional $2805 and reduce that timeline to 45 days.

When USCIS approves your I-140 and establishes your visa eligibility, you’ll still need to apply for permanent residence and pass background checks. You can apply for permanent residence with form I-485 . As long as you submit the right paperwork and attend any appointments, the form has a high approval rate.

Here’s what you’ll need to do to apply for permanent residence:

Step 1: Check the date USCIS received your petition (referred to as the priority date). This date is on form I-979. Keep the I-979 for later use.

Step 2: Look at the visa bulletin and see if processing is available for your category and nationality. Find a section called ‘dates for filing of employment-based visa applications’ and look for your date. If your priority date is earlier than the one listed, you can file form I-485.

Step 3: attend an interview with an immigration official, set up a medical check at a USCIS-approved health center, complete a criminal record check, and provide your biometric data.

Step 4: For all of the above, you will need to pay $1225 in filing fees.

Step 5: Check your application progress on the USCIS case studies page using your receipt number (found on the I-797). The average processing time is between 10 and 20 months.

When the USCIS approves your petition, you become a permanent resident and will receive a physical card in the mail.

Using the suggested documentation we outlined in the Eligibility Criteria section, you can make the eb2 niw process quicker and more efficient.

Common challenges and how to overcome them

One of the biggest challenges in obtaining an EB-2 NIW is stepping through the red tape of immigration law , which can seem convoluted and intricate. Without knowing the nuances of these laws, applicants can delay the process and worst case, need to start over.

Another roadblock is status denial based on a lack of achievement evidence. To ensure your application meets basic requirements and stands out, you’ll need:

• Clearly link your achievements with how they’ll benefit the US
• Provide compelling evidence as to why and how your work will be important on a national level
• Explain why waiving the labor certification will benefit the US

If you have an exceptional ability in the arts and want to live and work in the US, the EB-2 green card visa may just be the quickest route there. Like all other visa application processes, filling out and sending the right documentation can have you stumbling over confusing protocols and red tape. Immigration and legal professionals such as the ones partnered with Papaya Global can help you confidently wade through the bureaucracy and even speed up the visa processing time. With Papaya’s workforce management platform and team of experts, you can easily navigate any employment-based visa process.

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What are you looking to do?

Compare U.S. green card paths

U.s. permanent residency options for international master’s and doctoral candidates.

By Annie Blay

People come from all over the world to study and work in the United States. But what if you came to the U.S. for postgraduate studies and would like to explore permanent residency after your degree program? You have a few options. 

A green card (also known as a permanent resident card) allows foreign nationals like you to live and work in the U.S. permanently. It also puts you on a path to U.S. citizenship, which you can apply for after five years of permanent residency.  

It is worth looking into your future green card options while you are still completing your studies so that you know how to best position yourself for success with future green card applications. 

Here are some common employment-based immigration paths for Master's and Doctoral candidates:

EB-2 National Interest Waiver

The EB-2 National Interest Waiver (EB-2 NIW) is a great fit for Master's and Ph.D. candidates or recent graduates, especially those whose work may have a positive impact on the U.S.

If you have a Masters's degree or higher, you meet the basic qualifications.

If you do not yet have a Master's degree or higher, you may still qualify for the EB-2 NIW by having a Bachelor's degree plus five years of work experience, or if you meet three or more “Exceptional Ability” criteria . 

Either way, you will need to demonstrate that your work has ‘national importance’ and ‘substantial merit’ and that you have a background that proves that you’ll be able to succeed with your future work. 

There are many ways that your work could have national importance and substantial merit. Some examples include:

• Your work will benefit the U.S. economy and create U.S. jobs
• Your medical research is advancing healthcare
• You have major contracts with U.S. government entities, and your work will advance U.S. national security 
• The educational technology you have designed will make education more accessible in the U.S.
• Your environmental research will help preserve U.S. natural resources

These are just a few examples. Think about what type of work you have done throughout your postgraduate studies and what you hope to do in the future. How could the U.S. benefit from your work? 

EB-1A for Individuals with Extraordinary Ability

The EB-1A is the most difficult immigrant petition to get approved. However, if you are an accomplished expert in your field, it might be the perfect path for you! 

To qualify for the EB-1A, you must have received an internationally recognized prize or award such as a Noble Prize, Pulitzer, Oscar, or Olympic Medal, or meet three or more of ten Extraordinary Ability criteria:

• You have received lesser nationally or internationally recognized prizes or awards for excellence
• You are a member of associations in the field which demand outstanding achievement of their members
• There have been published material about you in professional or major trade publications or other major media
• You have been asked to judge the work of others, either individually or on a panel
• You have invented original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field
• You have authored scholarly articles in professional or major trade publications or other major media
• Your work has been displayed at artistic exhibitions or showcases
• You have performed a leading or critical role in distinguished organizations
• You have commanded a high salary or other significantly high remuneration in relation to others in the field
• You have had commercial successes in the performing arts

In addition to receiving an award or meeting three criteria, the immigration officer reviewing your case will assess whether or not you "sustained national or international acclaim" in your field through a "final merits test". They will determine this by looking through all of your EB-1A materials. 

One of the benefits of the EB-1A petition is that you can self-petition. This means that rather than having a specific employer sponsor your EB-1A, your petition will not be tied to a company. This can be particularly helpful if you don’t yet have a U.S. employer or would like to have more flexibility with which companies you work for throughout your green card process.

EB-1B for Outstanding Professors and Researchers

The EB-1B for outstanding professors and research is also a viable path for many individuals who come to the U.S. for postgraduate studies. 

To qualify for the EB-1B, you must meet at least two of six criteria:

• You have received major prizes or awards for outstanding achievement
• You are a member of associations that require their members to demonstrate outstanding achievement
• You have published material in professional publications written by others about the noncitizen's work in the academic field
• You have participated, either on a panel or individually, as a judge of the work of others in the same or allied academic field
• You have invented original scientific or scholarly research contributions in the field
• You have authored scholarly books or articles (in scholarly journals with international circulation) in the field

Some of the EB-1B criteria may look familiar since they are similar to the EB-1A criteria. However, you only have to meet two, rather than three, EB-1B criteria and there is no final merits test, making the EB-1B easier. 

However, unlike the EB-1A and EB-2 NIW, your employer will need to sponsor your EB-1B.

Final thoughts

Immigration is confusing. You don’t have to go about it alone. Legalpad’s experienced immigration team is here to help you select the right immigration path! Schedule a meeting to discuss your unique qualifications, or register for one of our free workshops.  

About the author:

Content Marketing Specialist

Before joining the marketing team, Annie helped over 60 Legalpad clients navigate U.S. immigration on the client services team.

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The STEM PHD Green Card Explained

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

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

What Is STEM?

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

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

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

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

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

What Is the Keep STEM Talent Act of 2023?

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

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

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

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

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

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

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

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

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

The EB-1 Visa

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

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

The EB-2 Visa

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

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

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

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

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

The EB-2 Visa With National Interest Waiver

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

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

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

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

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

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

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

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

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

Do Honorary Doctorates Count?

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

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

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

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

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

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

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

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

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

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

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

USCIS Clarifies Guidance for EB-1 Eligibility Criteria | USCIS

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

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

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

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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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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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EB2 Green Card – EB2 Advanced Degree – PHD Green Card

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

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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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U.S. Green Card Tips for Researchers

According to the US Citizenship and Immigration Services (USCIS), there are various categories for employment-based green cards . Researchers and professors can choose from EB-1A, EB-1B, and EB2-NIW depending on the different eligibility criteria. Ideally, these categories are preferential depending on the  exceptional qualities of the scholar . The EB first preference (EB-1A) is a visa for foreign nationals who possess extraordinary abilities in a particular scholarly field or sciences, arts, education, business, or athletics. It could also apply to multinational executives . The EB-1A is a self-petitioned visa that is extremely restrictive.

Understanding the EB-1 Classification

The EB-1B is a visa classification that is awarded to an internationally recognized foreign national. Both, residents and non-residents of the United States qualify for this visa classification. Unlike the EB-1A, this is an employer-sponsored visa. The employer, in this case, must demonstrate that the concerned person has extraordinary abilities in his/her respective field and has a permanent job offer from the employer. Presently the  USCIS stipulates three critical requirements that the scholars must satisfy for consideration.

• The researcher ought to have international recognition and outstanding achievements in his or her area of specialization.
• He/she should have at least three years of relevant experience to qualify.
• Finally, he/she should have a job offer for a permanent position (may change under few conditions).

Green Card Based on National Interest Waiver (EB2-NIW)

For most applicants in this category, it is necessary to have a permanent job offer and an approved labor certification. Nevertheless, NIW allows these requirements to be waived. As a result, a researcher can apply without a labor certification or employment offer from U.S employers. However, filling out this particular waiver requires an applicant to have either an advanced degree or outstanding ability in a scholarly field. Additionally, the scholars must be persuasively convincing that their achievements will hold national importance. It would demonstrate the necessity to waive requirements.

Useful Tips for Applying in Different Categories

It is not always simple for a researcher or a professor to succeed in applying to the different categories of employment-based green cards. Here are some tips to help well-meaning professionals streamline the process . Whether a researcher is a foreign national living abroad or based in the United States, these tips can help make a seemingly complicated process a little less stressful:

• Write a thorough and persuasive academic achievement document indicating whether you are a Masters or a PhD degree holder.
• Apply promptly. Make sure to keep documents ready and apply as soon the application window has opened.
• Provide clear attachments of your publications in reputed journals, demonstrating your contribution in the area of specialization.
• Have an option to hire an attorney to help you guide through the legal affairs concerning the application. However, the solicitor will likely charge a fee depending on the services required. You can also check whether do-it-yourself (DIY) packages can support you through this process.
• Consult widely with the employer tabling the job offer for proper representation. It is especially essential in the case of EB-1B.
• Correctly fill in form I-140.

After the Process is Complete

After you submit your application, the  USCIS will review the application and schedule interviews with the shortlisted candidates. Furthermore, in some instances, like the EB-1B application, you have to get a willing U.S employer to sponsor you for the visa. Additionally, the employer will also be required to file labor certifications. After completing this process with positive results, the researcher can immigrate to the United States and start a new life as they continue with their academic achievements and contributions. During the application process, some procedures are in line with national interests of the U.S. For best results, it is advantageous to adhere to these procedures throughout the entire application process.

Have you considered applying or have already applied for the discussed visa categories? We would love to know your experience and tips. Share your thoughts in the comments section below!

Thanks for explaining how there are various application categories for green cards that each require different eligibility criteria and the one that is chosen depends on the scholar’s qualities. When choosing one, you might want to make sure you know the requirements so you can figure out which one best fits you and your situation. While you do this, it might help to work with a professional that specializes in green card services so you can discuss your situation and get answers to your questions in order to make sure you choose the right one and fill out everything correctly.

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Applying for Residency as an International Medical Graduate

By Ole-Petter R. Hamnvik, M.B.B.Ch., B.A.O., M.M.SC.

Published April 6, 2022

The medical profession in the U.S. has a remarkable international flair. One in four U.S. physicians is an international medical graduate (IMG), and every year around 12,000 IMGs apply for U.S. residency positions. But the path to practicing in the U.S. is not an easy one when you must navigate the requirements without the structural support from a U.S. medical school and the mentorship of peers and faculty, especially with the added challenges of language and culture.

In the fall of 2018, NEJM Resident 360 hosted a discussion on applying for residency as an IMG. Participants asked questions that ranged from clarifying the practical steps required to be eligible to practice in the U.S. to seeking advice on experiences that can optimize the IMGs’ chances of obtaining their dream residency position. In this post, I summarize some of the main points from that discussion and provide an outline of the practical steps required to pursue this path. For even more information, you can access the library of resources available from the Educational Commission for Foreign Medical Graduates (ECFMG). 

Why Go to the United States?

The decision to seek training in the U.S. depends on both personal and professional factors. Some common reasons to apply include:

the quality of training in practice environments with high-quality standards,

a predictable career path and employment after completing training

a flexible career structure

opportunities for board certifications that are recognized worldwide

completing a U.S. residency is virtually always required to practice medicine in the U.S. and therefore is a path to immigration.

While the reasons are many, make sure you think through your motivation because it is not an easy path. The practical steps are outlined below, and each comes at a high financial cost. However, with determination, it is within reach!

Apply for ECFMG Certification

To be eligible for a residency spot, you must go through a rigorous process to ensure that you are competent to practice in a clinical environment with the supervision provided by a training program. The ECFMG certification process is the standard for evaluating the qualifications of IMGs entering the U.S. health care system. This process assesses the readiness of IMGs to participate in U.S. residency or fellowship programs that are accredited by the Accreditation Council for Graduate Medical Education (ACGME) . ECFMG sets requirements related to IMGs’ medical schools and medical education, as well as examination requirements.

The definitive source of information on ECFMG Certification is the ECFMG Information Booklet and is required reading for applicants. ECFMG issues the Standard ECFMG Certificate to applicants who meet all requirements for certification. Approximately 10,000 IMGs receive certification annually, representing only about 60% of IMGs who initially apply.

The following is a summary of the main steps involved to receive ECFMG certification:

Ensure that your medical school meets ECFMG requirements .

Apply for a United States Medical Licensing Examination ( USMLE)/ECFMG identification number .

Complete the Application for ECFMG Certification , including the notarized Certification of Identification Form.

Pass the USMLE Step 1, Step 2 Clinical Knowledge (CK), and Step 2 Clinical Skills (CS). These three exams are the same examinations U.S. medical students must pass for medical licensing. Step 1 and 2 CK are computer-based exams that are offered at Prometric testing centers worldwide. Step 2 CS is a live, clinical-encounter exam featuring standardized patients and is only offered in U.S. testing centers (requires a trip to the U.S.)

Provide ECFMG with your final medical diploma; they will verify the diploma directly with the issuing medical school and at the same time request a copy of your final medical school transcript. This process can take some time, depending on how responsive your medical school is to the verification request. 

Consider Visa Options

Unless you already are a U.S. citizen or permanent resident (with a Green Card), you will need a visa to participate in a graduate medical education program in the U.S. Although you need to think about your visa options early, you do not actually apply for a visa until after you have matched into a residency program.

The J-1 Visa for physicians is sponsored by ECFMG and is the most common visa for those pursuing graduate medical education. The J-1 physician category is specifically meant for trainees (you can’t work as an attending or moonlight with this visa) and can be extended for a total duration of 7 years.

If you are pursuing a J-1 visa, ECFMG will issue a DS2019 form or Certificate of Eligibility for Exchange Visitor Status. This form tells the consulate that you have met J-1 visa sponsorship requirements. The American consulate in your home country decides whether to issue the visa. The Ministry of Health/Health Department of your most recent county of legal residency must sign a document indicating the need in this country for physicians trained in your prospective specialty. J-1 visa applications are usually processed quickly, although some countries have a longer processing time.

However, this visa comes with a home residency requirement that dictates that you must go back to your home country for at least 2 years before being eligible to apply for any other U.S. visa status. This requirement is important to consider because, although you may plan to go back to your home country when you apply for residency, your plans may change by the time you complete your training in 3-7 years. For example, you may be offered a good career opportunity or meet a U.S.-based partner. If you end up in this situation, you can try to obtain a waiver for the home residency requirement. Unfortunately, the waiver is complicated, competitive, and limits the types and locations of potential jobs.

The H-1B Visa is sometimes preferred by trainees because of the difficulty of obtaining a waiver for the home residency requirement for the J-1 visa. The H-1B Visa is a so-called “dual-intent” visa because it is a nonimmigrant visa that you can have while you apply for permanent residency status. Another advantage is that there is no 2-year home residency requirement. The H-1B visa is also not restricted to training activities only; an employer can also use it legally for other opportunities (including moonlighting). This visa is sponsored by the institution that hosts the training program. As a result, some training programs (both residencies and fellowships) are reluctant to sponsor an H-1B visa because it requires more work than the ECFMG-sponsored J-1 visa and is more likely to be delayed. Many programs will reverse their position on H-1B visas if you talk to them or the international office at the institution. However, to be eligible for this visa, you must pass USMLE Step 3 .

You are only eligible for Step 3 after you have obtained your medical degree, passed USMLE Step 1, Step 2 CK, and Step 2 CS, and obtained the ECFMG certification. As a result, you can only take this examination after medical school, delaying your application for residency for 1-2 years. Step 2 CS and Step 3 are only offered in the U.S. (requiring you to travel to the U.S. on two separate occasions to take these exams).

If you plan for an H-1B visa, delays may occur. Once you match, you need to apply for a state medical license to be eligible for this visa followed by 2 to 3 months for visa processing. As the residency match happens in March, and residencies begin in June or July, there is little time to get the paperwork completed. The institution that hosts the residency program may choose to pay for expedited visa processing to shorten the processing time to just a few weeks.

The Diversity Immigrant Visa lottery  is one of the few ways to obtain permanent residency (Green Card) in the U.S. without first entering on a visa. The lottery provides residency to a random selection of applicants who are from countries with low rates of immigration to the U.S. 

Other visa options may be available for different circumstances. Speaking to an immigration lawyer might be helpful if you think you have a unique situation. Immigration lawyers can also provide you with the most up-to-date information about your visa options.

Select a Specialty

Before applying for residency, you need to choose a specialty. For guidance on choosing a specialty, see the NEJM Resident 360 blog post on How to Choose a Specialty . The primary care specialties (family medicine, internal medicine, pediatrics, and psychiatry) have traditionally been most popular for IMGs, in part because these programs have the most spots and are therefore less competitive. Although some applicants apply for several specialties, this practice is generally frowned upon because it gives the impression that you are not fully committed to any one specialty. If you are applying for a more competitive specialty (e.g., many surgical specialties), consider applying for a preliminary general surgery residency. This is a one-year residency for programs to see how you perform before committing to training you for the entire duration of your residency.

Select Residency Programs

Once you decide on a specialty, you need to choose the residency programs you want to apply to. Many considerations come into play, including answers to the following questions:

Is geography important (urban vs. rural, East Coast vs. Midwest, etc.)?

Are you looking for an academic program with a heavy emphasis on research or a clinical program with high clinical volume?

How important is residency reputation?

How competitive is your own application?

Are you moving with a spouse who will also seek employment?

With so many considerations, you will need to assess your options and discuss them with colleagues and mentors who know you and in your field. The AMA Residency & Fellowship Database ( FREIDA ) is a good resource to help narrow your search and obtain contact information. For internal medicine, the American Board of Internal Medicine (ABIM) also provides residency program pass rates for medicine certification examinations as an indication of how well the programs prepare residents for the board exam. 

Submit the Residency Application

All residency applications are submitted to programs using the Electronic Residency Application System ( ERAS ). To register for ERAS, you need to go back to your old friend ECFMG to obtain a residency token and gain access to ERAS and register.

Once registered with ERAS, you will provide your resume information in a standardized curriculum vitae (CV) template, enter a personal statement, upload a photo, and submit your examination transcript, dean’s letter, and letters of reference.

Be sure to include all your experiences in the application, including teaching experiences, membership in academic organizations, and extracurricular activities. This is also an opportunity for you to highlight how your unique background can enrich the residency program if you match there.

Designate the programs you wish to apply to. Your application will be electronically submitted to these programs.

Register for the Match

Residency applicants also must register for the National Resident Matching Program (NRMP), also known as the Match. NRMP is a separate organization from the ERAS application service and thus requires separate registration. As discussed in more detail below, the Match is where the preferences of applicants and program directors are entered and matched by an algorithm.

Overview of the Process for Applying for Medical Residency in the United States

Optimize Your Chances of Success

While many programs are accustomed to assessing applications from IMGs, some programs may not consider any IMGs or have a higher threshold for interviewing an IMG. Programs may not recognize the name of your medical school, may not know your recommendation letter writers, or may not understand the grading system at your medical school. Therefore, you need to be proactive to ensure that your application is as strong as possible.

Here are some tips for optimizing your chances of success:

Have good grades: High scores on the USMLE examination and your medical school tests can only be helpful. Some institutions use USMLE cut-offs (particularly Step 1 scores) and may not look at applications with low USMLE scores.

Prepare your letters of recommendation: Make sure that you have clinical faculty members who are willing to write you strong letters of recommendation. American letters are often more positive in tone than those from other countries. For example, describing a candidate as “a good clinician” is a red flag when adjectives such as excellent, outstanding, stellar are more common. Therefore, explaining this difference to your letter writers could be helpful and consider providing examples of U.S. letters (for examples, see Tips for Writing Strong Letters of Recommendation and Writing Letters of Recommendation for Residency ).

Obtain clinical experience in the United States: Most residency programs value true clinical experiences from the United States. This will also give you the opportunity to request and submit a letter from the faculty member who supervised you and who is familiar with expectations of U.S. residency programs.

If you are in medical school, most U.S. medical schools offer a visiting student or clinical away elective. Some programs are free, but most require a fee. Your best bet is to search the Web for “visiting students” or “clerkship” and the name of the medical school that interests you. Most programs have a dedicated site with information for prospective students. Often, the hospital where you rotate is likely to offer you an invitation to interview for their residency program, so take that into consideration. Keep in mind your competitiveness as a candidate. If you are competitive for the top-tier program, then a rotation at a top-tier institution will be a helpful. If not, you may want to consider a rotation at a less competitive program. Make sure you prepare for your rotation. If you will be doing a rotation in infectious diseases, then read up on infectious diseases topics beforehand so you can impress the faculty during your rotation.

If you are no longer in medical school, then your opportunities for clinical experiences in the United States are much more limited. Very few medical schools or hospitals allow visiting physicians, but you may be able to use your medical school alumni network or other contacts. One option is the American Medical Association (AMA) Observership Programs. If you can only do an observership, some ways to show your skills include offering to help the interns by calling consulting services; give daily 5-10 minute presentations on questions that come up on rounds; accompany the interns during admissions and ask to present these admissions during rounds; and write up case reports, case series, and review papers.

Ask mentors to advocate for you: A personal call from a mentor that knows you well can help get your application looked at by the residency program director. Use this sparingly because you don’t want to overwhelm your mentor or the residency program, but asking the mentor to advocate for your application with one or two programs is reasonable.

Consider doing research: Doing research is a good way to improve your application, at least for programs that are focused on developing future researchers. If you do research at a U.S. hospital, it may also be a way to get a foot inside the door. Your research mentor may be able to provide you with clinical opportunities, and may know the residency program director and advocate for you. However, if you spend many years doing research, residency programs will be worried about the steep learning curve of reintroducing yourself into clinical medicine. In addition, community-based programs may not value research experience as much. 

Advocate for yourself: You can reach out to programs to ask for early decisions because of international travel or coordination with other interviews. It is usually best to contact the program coordinator (contact details are in FREIDA) rather than the program director because recruitment season is a busy time of year. You should also make sure that the program downloaded your application (which you can track in ERAS), and you can contact the program for updates if you have not received an invitation or a rejection. 

Once you receive a request for an interview, see the NEJM Resident 360 blogpost on Applying for Residency for information and guidance on the interview process. 

Program Ranking and the Match

After interviews, applicants rank programs in the NRMP’s Registration, Ranking, and Results (R3) system . As noted above, you must register with the NRMP (the Match). Applicants submit a list of programs where they wish to train, ranked in order of preference. At the same time, program directors submit a list of applicants, ranked in order of preference, whom they have interviewed and wish to train. The final preferences of applicants and program directors, as expressed on their rank order lists (ROLs), that determines the Match outcome.

Registration for the Main Residency Match opens September 15 through the third week in February. You will owe a late fee if you register after November 30.

Ranking opens on January 15.

Results of the Main Residency Match are released the third week in March. 

Eligible applicants who do not match to a program can participate in the Supplemental Offer and Acceptance Program (SOAP), in which positions left unfilled after the matching algorithm has been processed are offered to eligible applicants. NRMP provides resources on participating in the Match, as well as data and reports on results of the Match that can be helpful as you consider your options and your competitiveness.

Once you have a spot in the program, you will apply for a state medical license and a visa and start packing! Good luck!

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Seven ways to get your green card in the united states.

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Permanent Resident Green card of United States of America..

A foreign citizen seeking to live permanently in the United States requires an immigrant visa. This is sometimes called getting a green card. Here are the seven best ways to get your green card in the United States.

1. Marry Your Way In

To be eligible to get a green card this way, a foreign citizen must be sponsored by an immediate relative who is at least 21 years of age and is either a U.S. citizen or U.S. lawful permanent resident. Marriage is a common way this is done, but the marriage must be genuine and not simply undertaken for immigration purposes—intent is key.

Actually, speaking more generally about this way of immigrating, there are two types of family-based immigrant visas :

Immediate Relatives – these visas are based on a close family relationship with a U.S. citizen, such as a spouse, child or parent. The number of immigrants in these categories is not limited each fiscal year. Processing is done expeditiously—usually taking say around a year or so.

Family Preference – these visas are for specific, more distant, family relationships with a U.S. citizen and certain specified relationships with a lawful permanent resident. The number of immigrants in these categories is limited each fiscal year. Processing takes longer, usually for years—sometimes decades.

Best High-Yield Savings Accounts Of 2024

Best 5% interest savings accounts of 2024, 2. invest your way in.

The EB-5 direct investor program currently enables investor immigrants to get green cards by investing as little as $ 500,000 in their businesses, provided they create ten new jobs. This opportunity is temporary and is likely to close by the end of the year with the amount required likely to go up to $ 900,000 as it was before. A regional center variation of this program is currently closed and awaiting reopening by Congress.

3. Transfer Your Way In

Think Toyota sends its Tokyo manager to New York to manage its New York Office. That is a classic example of an inter-corporate transfer that can result in a green card. Your petitioning employer must be a U.S. employer and intend to employ you in a managerial or executive capacity. The petitioner must have been doing business in the U.S. for at least 1 year, as a legal entity with a qualifying relationship to the entity that employed you abroad in a managerial or executive capacity. No labor certification is required so this is a highly desirable way to get a green card.

Study your way in.

4. Study Your Way In

Get a student visa to study at a U.S. college to get a bachelor’s or master’s degree. That will entitle you to a one-year post-graduate work permit called Optional Practical Training . Following the one year, get your boss to apply for an H1B work visa for you. Then, get the boss to apply for labor certification from the Department of Labor evidencing that there are no American workers who are ready, willing and able to take the job. Then apply for a green card through the Department of Homeland Security U.S. Citizenship and Immigration Service. This is a long and winding road, full of agony, but it may be the only option for many applicants, especially those who have skills but little money to invest and no family in the USA.

5. Work Your Way In

Either apply for a H1B work visa and then get a green card through labor certification as described in the student example, or apply for an EB-2 extraordinary worker green card based on a national interest waiver.

H-1B applicants who perform services in a specialty occupation, services of exceptional merit and ability relating to a Department of Defense cooperative research and development project, or services as a fashion model of distinguished merit or ability can then obtain green cards if their employer will apply for labor certification and then sponsor them for a green card. Again, this is an arduous route starting with a lottery in most H1B cases, and limited in numbers per year. If the job is related to a college, nonprofit affiliated with a college, a nonprofit or U.S. governmental research organization, or an organization that requires the H-1B employee to work at one of these first three categories of employers, however, there is no limit in terms of numbers. That said, an H1B visa route is the least desirable way to get a green card because it is so complicated.

The beauty of an EB-2 application is you can self-petition for a green card and you are not reliant on a job offer. In addition to providing evidence of an advanced degree or exceptional ability, you must also meet the national interest waiver criteria, namely that the proposed endeavor has both substantial merit and national importance, you are well positioned to advance the proposed endeavor, and it would be beneficial to the United States to waive the normal requirements of a job offer, that is to say, a labor certification. In addition, certain nurses and physiotherapists can take this route to a green card without labor certification if offered a job in those professions.

6. Achieve Your Way In

Drake is someone who would qualify as an extraordinary worker to get a green card. (Photo by Mike ... [+] Marsland/WireImage)

Follow the path of international achievers like Drake or Ryan Renolds who can get green cards because of their achievements. These usually involve individuals who have won internationally recognized awards like an Oscar, Grammy, or Pulitzer Prize or have risen to the very top of their profession or calling. Generally speaking, such extraordinary ability applicants are celebrities in their field.

7. Win Your Way In

Apply for a green card under the annual Diversity Green Card Lottery where 55,000 applicants are chosen to apply to come to the U.S. These are applicants from countries that are under-represented in terms of immigrants coming to America—countries like Estonia, Fiji or Ukraine for example.

If an applicant does not fit into any one of these ways, sometimes a spouse may have the required credentials. Either way the immediate family members of the applicant also get green cards in the process. The descriptions above are very general—any option so chosen should be further researched to nail down all the details involved.

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PHD holders immigration to USA

These are persons with the highest achievements in the profession, who have received worldwide recognition, even in narrow circles of specialists. These are those who, through their work, talent, many years of education, self-education, and practice, have reached heights in the level of knowledge and professionalism that are inaccessible to most people. Such professionals in their field have already proven that they can be useful to American society and the US economy. But on what grounds can one obtain immigrant status? And how can you formally determine whether you have reached the required level or not?

Benefits of immigration for people with a high level of education and work experience

Any professional or person with unique abilities is, at its core, a valuable workforce that can contribute to the development of the American economy. That is why we are talking about labor migration. But since the value can already be determined and proven by experience, the American migration authorities suggest that such people immediately obtain permission to permanently reside in the United States without restrictions. That is, an immigration work visa can be requested, which allows you to obtain a Green Card, and after 5 years of residence in the country, citizenship.

And although the process of obtaining an immigration work visa will presumably take more than one year, it is a guarantee of acquiring the right to live in a country where a person who develops his abilities has the opportunity not only to grow professionally but also to receive a decent reward for it. Another undoubted advantage is that family members of a valuable specialist (spouse, unmarried children under 21) can also apply for immigrant status. The waiting time for a visa after applying is on average 8-9 months.

It is also an essential fact that, for example, applicants for an EB-1A visa can independently initiate the process, without the support of the American inviting party, which is important for people of free professions. On the other hand, the presence of a specific employer in all other cases is a guarantee of constant income from the moment you arrive on American soil. Indeed, most often the resettlement of a valuable, in-demand specialist to America is due precisely to the desire to receive income from his professional activity, higher than at home. 

Also, an immigrant work visa allows multiple travels to and from the United States.

According to statistics from the US Migration Service, out of 140 thousand annually issued work immigrant visas, those who apply for an EB-1 and EB-2 visa have priority (the degree of priority is determined by the number after the letter index), respectively, the waiting time for a visa is much shorter than in other categories …

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Applying for green card while a PhD student

BTW currently I am in F-1 Visa status in USA, so please also let me know if my application get denied, how would this denial affect my F-1 status? Can I continue my PhD in USA after the denial of my application? And what is the usual length to get final notification of my application. 

Besides, I need some questions to be answered before I can proceed. Below are my questions:

1. If my I-140 get denied, will affect my benefit of F-1 visa, like apply for OPT or F-1 visa extension. I mean denial of i-140 will also cause denial/in-eligible for OPT, STEM extension or F-1 extension?  Can I go to my country and re-enter USA on F-1 after i-140 denial? I have heard that many US universities does not apply for OPT if my i-140 get denied, is that correct? 

2. If my i-140 get approved, then can I apply for I-485 immediately while I am in F-1 visa? It is said that I have to be on dual-intent visa (e.g. H1, L1) at first to become eligible for i-485 application. Given that I am in first year PhD student, I will be in F-1 visa for at least 5 years more to get my doctoral degree. So even if my i-140 get approved within six months from now, I cannot apply for i-485 until I am in a dual intent visa which is 5 years at least from now. Can you clarify this issue?

3. I am only at the first year of my PhD, so will it hurt my I-140 petition? 4.  I have found in many blogs where lawyers are saying if I get denied on I-140 then according to law I have violated the F-1 status. Because according to F-1 visa regulation, I cannot show intention to settle here at USA, but applying for I-140 petitions means I am showing intention to stay here at USA forever.

5. If my I-140 get denied, can I apply again for I-140 for EB2-NIW or I simply have to go back to my country after my I-20 expiration date? 6. Can apply in parallel for multiple I-140 like one for EB1 another one for EB2-NIW? 7. I have found there is a expedited  processing fees of $1400 for I-140 petition and they provide result within  15 days. Will it hurt the application approval decision? 

16. Suppose I file for I-140 and I-485 in parallel, and I-140 get denied then will my I-485 get denied or it will say pending? I mean since I can re-file I-140 again after denial, so what should be status of I-485 in this case?

17. I have analysed my citation counts thoroughly again. Since computer science is vast field and it has many sub-fields and over the last five years I have worked in many different sub-fields and the citation counts break down as below:

Field: Computer Science Sub-fields ———- Independent Citation Counts —————————— —————————— ——- 1. Human Computer Interactions – 44 2. peer-to-peer networks – 2 3. Optimization – 1

My current research area (PhD) is Machine Learning and Information Retrieval and my most recent publication in this area get published in April 2016 in WWW 2016 conference.

So my independent recommender will be mostly from the area Human Computer Interaction research area which is not my current research field. So will this situation affect my I-140?

18. I have completed my Master’s in Computer Science and now I am doing PhD in Information Science. Will it reduce my chance of getting approved the I-140? Is information science a substantial intrinsic merit field?

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Judge in Texas orders pause on Biden program that offers legal status to spouses of US citizens

The policy offers spouses of u.s. citizens without legal status, who meet certain criteria, a path to citizenship by applying for a green card and staying in the u.s. while undergoing the process, by valerie gonzalez | the associated press • published august 26, 2024 • updated on august 26, 2024 at 8:57 pm.

A federal judge in Texas on Monday paused a Biden administration policy that would give spouses of U.S. citizens legal status without having to first leave the country, dealing at least a temporary setback to one of the biggest presidential actions to ease a path to citizenship in years.

The administrative stay issued by U.S. District Judge J. Campbell Barker comes just days after 16 states, led by Republican attorneys general, challenged the program that could benefit an estimated 500,000 immigrants in the country, plus about 50,000 of their children.

One of the states leading the challenge is Texas, which in the lawsuit claimed the state has had to pay tens of millions of dollars annually from health care to law enforcement because of immigrants living in the state without legal status.

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President Joe Biden announced the program in June. The court order, which lasts for two weeks but could be extended, comes one week after the Department of Homeland Security began accepting applications.

"The claims are substantial and warrant closer consideration than the court has been able to afford to date," Barker wrote.

Barker was appointed by former President Donald Trump in 2019 as a judge in Tyler, Texas, which lies in the 5th U.S. Circuit Court of Appeals, a favored venue for advocates pushing conservative arguments.

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The judge laid out a timetable that could produce a decision shortly before the presidential election Nov. 5 or before a newly elected president takes office in January. Barker gave both sides until Oct. 10 to file briefs in the case.

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The policy offers spouses of U.S. citizens without legal status, who meet certain criteria, a path to citizenship by applying for a green card and staying in the U.S. while undergoing the process. Traditionally, the process could include a years-long wait outside of the U.S., causing what advocates equate to "family separation."

The Department of Homeland Security did not immediately return an email seeking comment on the order.

Republican Texas Attorney General Ken Paxton cheered the order.

“This is just the first step. We are going to keep fighting for Texas, our country, and the rule of law,” Paxton posted on the social media platform X.

Several families were notified of the receipt of their applications, according to attorneys advocating for eligible families who filed a motion to intervene earlier Monday.

“Texas should not be able to decide the fate of hundreds of thousands of U.S. citizens and their immigrant spouses without confronting their reality,” Karen Tumlin, the founder and director of Justice Action Center, said during the press conference before the order was issued.

The coalition of states accused the administration of bypassing Congress for “blatant political purposes.”

The program has been particularly contentious in an election year where immigration is one of the biggest issues, with many Republicans attacking the policy and contending it is essentially a form of amnesty for people who broke the law.

To be eligible for the program, immigrants must have lived continuously in the U.S. for at least 10 years, not pose a security threat or have a disqualifying criminal history, and have been married to a citizen by June 17 — the day before the program was announced.

They must pay a $580 fee to apply and fill out a lengthy application, including an explanation of why they deserve humanitarian parole and a long list of supporting documents proving how long they have been in the country.

If approved, applicants have three years to  seek permanent residency . During that period, they can get work authorization.

Before this program, it was complicated for people who were in the U.S. illegally to get a green card after marrying an American citizen. They can be required to return to their home country — often for years — and they always face the risk they may not be allowed back in.

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A Guide to Graduate School Applications

• A Guide to Grad School Apps

Office of Admissions | Knight Hall 150 1000 E. University Avenue Department 3435 Laramie, WY 82071

Phone: (307) 766-5160 Toll-Free: (800) 342-5996 Fax: (307) 766-4042 Email:   [email protected]

Published August 22, 2024 By Audrey M.

Graduate school can be incredibly intimidating. As you begin thinking about applying to a program, it can quickly become overwhelming deciding where you should even begin. Although graduate programs are incredibly diverse, and application requirements will vary from one to another, I’m here to provide some helpful tips and a step-by-step guide that I used to successfully apply to PhD programs myself. My goal is to break down the large process into attainable steps that you can use yourself to get into the program of your dreams!

1. Before Applying

Contrary to popular belief, the graduate school application process doesn’t begin with your application – it actually starts much sooner. Before you begin compiling your application, take the time to research schools, programs, labs, and mentors. It’s also important to take the time to explore your own interests to ensure that you enter a program that is right for you.

Know what you want: Graduate programs can span years of intensive work, so it’s incredibly important that you’re confident in your decision to begin! Explore your interests and career goals to ensure which program is right for you – a master’s? A PhD? Is it possible that your dream job is achievable with your current education level? It’s also important to identify which program you want to enter early on. For example, a PhD in psychology is broken down into a range of specialties that each lead to distinct research areas and career paths. If you’re entering a research-heavy field, start exploring what sparks your curiosity and which specific topics you’d enjoy researching later on. This knowledge will come in handy once you begin crafting your application materials.

Research the schools: You may be wondering where to start when searching for programs across the country – it’s an intimidating thought! Some easy ways to narrow down your list of potential schools are by analyzing location, cost of living in the area, school/class sizes, and program funding. Inspect what feels most important to you – a specific part of the country? A large program? A prestigious research history? – and use this knowledge to craft a list of potential schools.

Find your fit: One area in which graduate programs may differ is how closely you’ll be working with faculty. In some areas of study, you’ll apply directly into a program where you’ll take courses under a variety of professors. For others, you’ll apply to advisor or primary investigator directly, working closely with them in their lab to earn your degree. Either way, once you’ve identified schools that you can envision yourself at, dive into their list of faculty to learn more about advisors in the program. For research-heavy programs, how well your interests fit with those of your advisor is often the biggest predictor of success in the application process.

Reach out and introduce yourself: Once you’ve compiled a list of potential programs and/or faculty advisors, it’s time to introduce yourself! Send a formal email notifying potential advisors of your interest and plans to apply in the upcoming cycle. Feel free to share information about your experiences, future interests, and what initially drew you to them. This step establishes a rapport with people in your field and can help you form a relationship before your official application is submitted.

After completing these initial steps, you’ve set yourself up for success when transitioning to compiling your application. Application fees are expensive, and crafting materials to specific schools quickly becomes time consuming. By taking the time to analyze your standards and narrow down your list to a few top programs, you’ve ensured that your time and money will be well spent moving forward.

2. Completing Your Application

Now it’s time to do the heavy lifting and complete your application. Applications can differ from program to program, so take extra care in reading through each program’s requests ahead of time. Across schools, here are some common documents that you can expect to provide:

A curriculum vitae (CV): Your CV is the roadmap of all the experiences you’ve gained before entering a graduate program. Your goal in this document is to express interest in the field while highlighting your relevant skills and knowledge. This document can vary greatly depending on the person and the area of study you are entering, but common sections of a CV are contact information, education, research/clinical experience, teaching experience, honors and awards, memberships and affiliations, publications and presentations, certifications and skills, and references. Although you want your CV to convey your depth of experience, avoid padding this document with filler and only include things that are directly relevant to your program.

A personal statement/academic statement/statement of purpose: This document goes by many names, but essentially serves as a complement to your CV and a place where you can speak more in depth about the ways that your experiences have shaped your goals and interests. The requirements for this document often lie in one of two categories: a free-response, comprehensive personal statement, or a brief list of specific prompts supplied by your program requirements. In this document, it’s important to be both personable and professional, and not to simply restate what you’ve already outlined in your CV. This statement should also individually address the program and advisor it is being submitted to, as opposed to sending in an identical document for every application.

Letters of recommendation: Letters of recommendation are a key aspect of graduate applications and provide an avenue for your program to learn about you through the testaments of others. Many schools will request a minimum of three, with others allowing up to five. Ensure that you choose letter writers who are relevant to your program, such as professors, research mentors, or relevant professionals, and who know you well enough to speak to your strengths as an applicant. Individualized, thoughtful letters take time to write, so request letters from your writers earlier than you think!

A writing sample: Some programs will require a writing sample or may suggest it as an optional component of your application. Choose a sample that showcases your strength as a writer, and preferably is applicable to your program – such as a paper related to your specific research interests. Reach out to peers, mentors, or the writing center to proof this sample for any errors before submitting.

Standardized Test Scores: GRE scores are becoming increasingly less essential in graduate applications – many programs have ceased requesting them at all. In my experience, those viewing your application want to get a strong sense of who you are both as a student and a person, and whether or not you’re capable of being successful in their program. Often, your CV, personal statement, and letters of recommendation are more than enough to paint this picture. Regardless, take the time to study and prepare for these examinations as there’s always a chance that the extra boost may help make the difference between an acceptance and a rejection. And again, emphasis on testing scores may vary widely from one program of study to another.

A diversity statement: An increasing number of programs are adding diversity statements as a core piece of their application requirements. These statements are often around five hundred words, and specific prompts will vary from one program to the next. In general, many will want to know more about your lived experiences and how diversity or hardships have impacted your academic journey. Some programs may also ask you to describe how you will encourage and support diversity if you were to be admitted to their program.

Once you’ve assembled the necessary pieces, it is time to apply. Take note of deadlines, paying careful attention to time zone differences, and ensure that your application is submitted on time. You should receive a confirmation email after your application has been received but keep an eye on your inbox in the coming days as programs will be contacting you with updates.

3. After Applying

You’ve submitted your application! First, take the time to decompress and congratulate yourself. Putting together an application is a long and demanding process, and you should be proud to be on the other side. Nevertheless – your journey is not over yet. The next step in the application process is completing interviews with your chosen programs.

Preparing for your interviews: Although it’s impossible to predict exactly what you will be asked in an interview, there are a few areas you can prepare in to feel confident about your future performance. Make sure you are able to articulate your previous experiences, especially in the context of their impact on you as a strong candidate. Prepare an “elevator pitch” consisting of basic information about yourself and your future goals. Take time to research your program/mentor’s history and specialties. It is often also helpful to be knowledgeable of the current research literature in your field.

The interview process: The interview process is another place where programs can vary greatly from one another, but many will follow a two-step process. The first interview is often virtual, conducted over the phone or through a video call service like Zoom. The second round of interviews are more commonly conducted in-person and will require a physical trip to your program’s location as a result. Some programs will only require one interview before rejecting applicants or extending offers. Other schools host “visitation days” in lieu of interview days, where applicants who have been extended an offer are invited to visit the campus and interact with faculty and graduate students.

Managing offers and making your decision: It can be very difficult to decide between programs if you’ve received multiple offers, and there is no “one-size-fits-all” answer for every applicant. It’s important to ask questions of potential mentors, faculty members, and current graduate students of the program you are considering. When making a final choice, weigh costs, benefits, location, and future potential for success in your decision-making process. Above all, trust your gut, and go wherever feels right for you!

Interviews can definitely be stress-inducing, but your biggest goal at this stage should be gathering information to make an informed decision. Once you’ve made it this far, it’s all about connecting with your potential mentors and determining the best fit for you and your individual goals. At the end of this process, you should feel confident in your final choice of program.

My hope is that this guide to the application process helps clarify the overwhelming thought of beginning graduate school. Setting yourself up for success is a culmination of researching programs, crafting strong application materials, and seeking information to help you feel confident in your final decision. Entering a graduate program after acceptance comes with an entirely new set of challenges to face, but you can rest easy in the knowledge that you’re in the company of many other graduate students just like you . Best of luck!

Judge in Texas orders pause on Biden program that offers legal status to spouses of US citizens

FILE - President Joe Biden speaks during an event with the National Governors Association in the East Room of the White House, Feb. 23, 2024, in Washington. (AP Photo/Evan Vucci, File)[ASSOCIATED PRESS/Evan Vucci]

McALLEN, Texas (AP) — A federal judge in Texas on Monday paused a Biden administration policy that would give spouses of U.S. citizens legal status without having to first leave the country, dealing at least a temporary setback to one of the biggest presidential actions to ease a path to citizenship in years.

The administrative stay issued by U.S. District Judge J. Campbell Barker comes just days after 16 states, led by Republican attorneys general, challenged the program that could benefit an estimated 500,000 immigrants in the country, plus about 50,000 of their children. The states accused the administration of bypassing Congress for “blatant political purposes.”

One of the states leading the challenge is Texas, which in the lawsuit claimed the state has had to pay tens of millions of dollars annually from health care to law enforcement because of immigrants living in the state without legal status.

President Joe Biden announced the program in June. The court order, which lasts for two weeks but could be extended, comes one week after the Department of Homeland Security began accepting applications.

“The claims are substantial and warrant closer consideration than the court has been able to afford to date,” Barker wrote.

Barker was appointed by former President Donald Trump in 2019 as a judge in Tyler, Texas, which lies in the 5th U.S. Circuit Court of Appeals, a favored venue for advocates pushing conservative arguments.

The judge laid out a timetable that could produce a decision shortly before the presidential election Nov. 5 or before a newly elected president takes office in January. Barker gave both sides until Oct. 10 to file briefs in the case.

The policy offers spouses of U.S. citizens without legal status, who meet certain criteria, a path to citizenship by applying for a green card and staying in the U.S. while undergoing the process. Traditionally, the process could include a years-long wait outside of the U.S., causing what advocates equate to “family separation.”

The Department of Homeland Security did not immediately return an email seeking comment on the order.

“The court’s decision tonight to halt the federal government from providing relief is devastating to the thousands of Texas families that could have benefited from this program,” Jessica Cisneros, an attorney for the advocacy organization the Texas Immigration Law Council, said Monday.

Several families were notified of the receipt of their applications, according to attorneys advocating for eligible families who filed a motion to intervene earlier Monday.

“Texas should not be able to decide the fate of hundreds of thousands of U.S. citizens and their immigrant spouses without confronting their reality,” Karen Tumlin, the founder and director of Justice Action Center, said during the press conference before the order was issued.

The program has been particularly contentious in an election year where immigration is one of the biggest issues, with many Republicans attacking the policy and contending it is essentially a form of amnesty for people who broke the law.

Republican Texas Attorney General Ken Paxton cheered the order.

“This is just the first step. We are going to keep fighting for Texas, our country, and the rule of law,” Paxton posted on the social media platform X.

To be eligible for the program, immigrants must have lived continuously in the U.S. for at least 10 years, not pose a security threat or have a disqualifying criminal history, and have been married to a citizen by June 17 — the day before the program was announced.

They must pay a $580 fee to apply and fill out a lengthy application, including an explanation of why they deserve humanitarian parole and a long list of supporting documents proving how long they have been in the country.

If approved, applicants have three years to seek permanent residency . During that period, they can get work authorization.

Before this program, it was complicated for people who were in the U.S. illegally to get a green card after marrying an American citizen. They can be required to return to their home country — often for years — and they always face the risk they may not be allowed back in.

Copyright 2024 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed without permission.

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Frequently Asked Questions About Keeping Families Together

ALERT: On August 26, 2024, the United States District Court for the Eastern District of Texas, in Texas v. Department of Homeland Security,  Case Number 24-cv-306 administratively stayed DHS from granting parole in place under Keeping Families Together for 14 days; the District Court might extend the period of this administrative stay.

While the administrative stay is in place, we will:

• Not grant any pending parole in place requests under Keeping Families Together.
• Continue to accept filings of Form I-131F, Application for Parole in Place for Certain Noncitizen Spouses and Stepchildren of U.S. Citizens.

The District Court’s administrative stay order does not affect any applications that were approved before the administrative stay order was issued.

ALERT: On Aug. 19, 2024, DHS posted for public inspection a Federal Register notice implementing the Keeping Families Together process for certain noncitizen spouses and stepchildren of U.S. citizens. Additional information on eligibility criteria, the application process, and examples of required documentation is available on the  Keeping Families Together page, this FAQ page, and in the Federal Register notice .

Q. What is Keeping Families Together?

A. Keeping Families Together is a process that allows certain noncitizen spouses and stepchildren of U.S. citizens to apply for parole in place to enable them to apply for lawful permanent resident status without having to be separated from their families by leaving the United States for processing. Parole is an exercise of DHS’s discretionary authority under section 212(d)(5)(A) of the Immigration and Nationality Act (INA) to allow certain noncitizen “applicants for admission” to be present in the United States on a temporary, case-by-case basis for urgent humanitarian reasons or a significant public benefit. The INA defines an “applicant for admission,” in relevant part, as a noncitizen “present in the United States who has not been admitted.” Noncitizens who are present in the United States without admission or parole may be considered for parole in place under this process because they remain “applicants for admission.” Parole in place is available only for noncitizens who are present in the United States. Those who receive parole are eligible to apply for work authorization for the period of parole

Q. Which form should I file to apply for Keeping Families Together? Can I file online?

A. Requestors (the noncitizen spouse or stepchild) must file Form I-131F, Application for Parole in Place for Certain Noncitizen Spouses and Stepchildren of U.S. Citizens , under this process. The form can only be filed online. Paper-based applications sent to USCIS by mail will be rejected (not accepted or receipted). We have created a  Filing Guide for Form I-131F (PDF, 8.95 MB) to help individuals as they prepare to file a request for parole in place through the online process.

Q. What fee is required to file a request under Keeping Families Together (Form I-131F)?   Can I obtain a fee waiver or fee exemption for this process?

A. The fee to apply is $580. No fee waivers or fee exemptions are available for this process at this time.

Q. Someone told me if I pay them a fee, they can expedite my Form I-131F or guarantee that it will be approved. Is this true?

A. No. While an attorney or accredited representative may charge a fee to prepare your request, anyone who guarantees faster processing or a positive outcome by USCIS if you pay them a fee may be trying to scam you. Visit our  Avoid Scams  page to learn how you can protect yourself from immigration scams.

Please also remember that USCIS will begin accepting requests for this process on Aug. 19, 2024. Any filings received before this date will be rejected by USCIS (not accepted or receipted) .

Q. If my Keeping Families Together request is granted, how long will my parole period last?

A. In general, if you are granted parole as a noncitizen spouse or noncitizen stepchild of a U.S. citizen under this process, your parole period will be valid as of the date USCIS approves your Form I-131F and will expire 3 years from that date. However, parole terminates automatically if you depart the United States. Parole may also be terminated at any time in DHS’s discretion upon a determination that parole is no longer warranted, for example, following the commission of criminal conduct.

As long as your parole remains valid (that is, is not expired or terminated), you will be considered in a period of authorized stay. As a parolee, you may apply for any immigration status for which you may be otherwise eligible, including adjustment of status to that of a lawful permanent resident.

Q. What are the eligibility criteria for Keeping Families Together?

A. To be considered for this process as a noncitizen spouse of a U.S. citizen, you must:

• Be present in the United States without admission or parole;
• Have been continuously physically present in the United States since at least June 17, 2014, through the date of filing your request;
• Have a legally valid marriage to a U.S. citizen on or before June 17, 2024;
• Have no disqualifying criminal history and otherwise not deemed to be a threat to public safety, national security, or border security; and
• Submit biometrics and undergo required background checks and national security and public safety vetting.

To be considered for this process as a noncitizen stepchild of a U.S. citizen, you must:

• Have been under the age of 21 and unmarried on June 17, 2024;
• Have been continuously physically present in the United States since at least June 17, 2024, through the date of filing your request;
• Have a noncitizen parent who entered into a legally valid marriage with a U.S. citizen on or before June 17, 2024, and before your 18th birthday;
• Have no disqualifying criminal history and otherwise not deemed to be a threat to public safety, national security, or border security*; and

*NOTE:  Consistent with the Sept. 30, 2021,  Guidelines for the Enforcement of Civil Immigration Law (PDF) , a noncitizen who poses a threat to border security will be generally disqualified from receiving parole in place pursuant to this process. However, there is an exception for stepchildren who entered the United States unlawfully after Nov. 1, 2020, and who otherwise meet the criteria for parole in place under this process.

All such requests for parole in place are considered on a case-by-case basis for urgent humanitarian reasons or a significant public benefit, in the exercise of discretion, taking into account the totality of the circumstances of each individual request.

Q. If I meet the criteria listed above, will I be guaranteed to have my Form I-131F approved under this process?

A. No. All requests under this process are considered on a case-by-case basis in the exercise of discretion, taking into account the totality of the circumstances of each individual request and evaluating whether parole is warranted as a matter of discretion for significant public benefit or urgent humanitarian reasons.

Q. If I entered the United States on a nonimmigrant visa or was admitted in another status and overstayed, am I eligible for Keeping Families Together?

A. No. Parole in place is only available to an “applicant for admission,” which the Immigration and Nationality Act (INA) defines, in relevant part, as a noncitizen “present in the United States who has not been admitted.” This means that noncitizens who were last admitted on valid nonimmigrant visas or were admitted in another status but have remained in the United States beyond their authorized period of stay cannot request parole in place under this process. However, a noncitizen who was previously “inspected and admitted” to the United States may be eligible under the law to apply for adjustment of status as an immediate relative of a U.S. citizen, if they are the beneficiary of an approved immigrant visa petition. For more information, please visit the  Adjustment of Status webpage.

Q. I have already departed the United States for an immigrant visa interview appointment at a U.S. embassy or consulate abroad. Can I make a request for Keeping Families Together?

A. No. This process is only available to noncitizens who are present in the United States without admission or parole. Noncitizens who have already departed the United States may be eligible for consular processing abroad.

Q. I have Deferred Action under Deferred Action for Childhood Arrivals (DACA) or Temporary Protected Status (TPS). Am I eligible to make a request for Keeping Families Together?

A. If you are a current DACA recipient or TPS beneficiary, you may request parole in place under this process if you are currently present in the United States without admission or parole and you are otherwise eligible. However, if you previously departed the United States and re-entered with a TPS Travel Authorization Document or an Advance Parole Document, you are not eligible for parole in place under this process because you have already been admitted or paroled into the United States.

If you are in a valid period of parole at the time your DACA renewal request is adjudicated, USCIS will deny your DACA renewal request as a matter of discretion.

Q. I once had Deferred Action for Childhood Arrivals (DACA) or Temporary Protected Status (TPS), but my DACA or TPS has lapsed. Am I eligible to make a request for Keeping Families Together?

A. If your DACA or TPS has lapsed, you may request parole in place under this process if you are currently present in the United States without admission or parole. However, if you previously departed the United States and re-entered with a TPS Travel Authorization Document or an Advance Parole Document, you are not eligible for parole in place under this process because you have already been admitted or paroled into the United States.

If you submit a DACA renewal request while in a valid period of parole or are in a valid period of parole at the time your DACA renewal request is adjudicated, USCIS will deny your DACA renewal request as a matter of discretion.

Q. Will I be able to request re-parole (a new period of parole) and renew my employment authorization when the duration of my parole under Keeping Families Together ends?

A. DHS is not planning a re-parole process. If you do not apply for adjustment of status or receive another immigration status before your period of parole expires, you may begin to accrue or resume accruing  unlawful presence . Any parole-based employment authorization granted by USCIS (category (c)(11)) will also generally expire at the same time your parole period expires.

However, if you file for adjustment of status, you may request employment authorization on the basis of your pending adjustment application, Form I-485 (category (c)(9)). If approved, you can receive employment authorization with a five-year validity date under category (c)(9). If your parole under this process is granted, you should not delay in filing their subsequent I-130 petition and I-485 application.

Q. How do I make a request under Keeping Families Together?

A. You (the noncitizen spouse or stepchild) must submit Form I-131F, Application for Parole in Place for Certain Noncitizen Spouses and Stepchildren of U.S. Citizens , online with the applicable filing fee of $580. You may not file for this process using a paper form. Any paper filing received by USCIS will be rejected (not accepted or receipted) and you will have to file again to have your request considered.

You must submit with your online request documentation establishing that you meet all eligibility criteria and evidence of any additional factors you would like USCIS to consider. Each requestor, including stepchildren, must have their own USCIS online account to prepare and file the Form I-131F individually.

A parent or legal guardian may create an online account for their minor child if the purpose is to submit a form on behalf of the minor. If a parent or legal guardian is not available, a primary caregiver or legal assistance provider may also help a child create their own USCIS online account.

For information on creating a USCIS online account, visit our  How to Create a USCIS Online Account page .

Q. Is there a deadline after which USCIS will no longer accept requests for Keeping Families Together?

A. There is no filing deadline for this process.

Q. What evidence can I submit to show my continuous physical presence in the United States since June 17, 2014 (if I am the spouse of a U.S. citizen), or since June 17, 2024 (if I am the stepchild of a U.S. citizen)?

A. If you are making a request for this process as the spouse of a U.S. citizen, you must submit documentation that shows you have been continuously physically present in the United States from June 17, 2014, up until the time of filing your request, to meet the continuous physical presence requirement.

If you are the stepchild of a U.S. citizen, you must submit documentation that shows you have been continuously physically present in the United States from June 17, 2024, until the time of filing your request.

You should provide documentation to account for as much of the period as reasonably possible, but there is no requirement that every day or month of that period be specifically accounted for through direct evidence.

It is helpful to submit evidence of your physical presence during at least each year of the required period. We will review the documentation in its totality to determine whether you have established by a preponderance of the evidence that you were continuously physically present in the United States for the required period.

If gaps in your documentation raise questions about whether you were continuously physically present in the United States for the required period, we may issue, at our discretion, a Request for Evidence to allow you to submit additional documentation that supports your claimed continuous physical presence.

Q. What evidence can I submit to show I merit a favorable exercise of discretion for this process?

A. Our decision whether to grant your request is a discretionary, case-by-case determination. Even if you establish that you have met all the criteria for eligibility, we will examine the totality of the circumstances in your individual case to determine whether your request should be granted based on a significant public benefit or urgent humanitarian reasons and whether you merit a favorable exercise of discretion based on a review of all positive and negative factors present in your case. If there are negative factors that outweigh the positive factors presented by the evidence, we may deny your request. If you have a final unexecuted removal order or non-disqualifying criminal history, you may provide additional documentation that you believe demonstrates that you merit a favorable exercise of discretion. Such documentation may relate to, but is not limited to:

• Community ties;
• Your particular vulnerability related to advanced or young age;
• Length of presence in the United States;
• Existence of a mental or physical condition or illness requiring care or treatment in the United States;
• Your status as a parent or caregiver of a U.S. citizen child, or elderly parent or in-law;
• Your status as a caregiver for an individual with disabilities, including a U.S. citizen parent, in-law, or sibling;
• Your status as a victim or witness of a crime, or civil rights violation, or labor rights violation under investigation by a labor agency;
• Effect on other family members, including family members who are U.S. citizens and lawful permanent residents; or
• Other positive factors about which you wish to provide information.

This is a non-exhaustive list of factors; we may consider any relevant factors in the discretionary analysis, including mitigating factors that relate to the specific criminal conduct or prior removal order at issue.

Q. Will USCIS verify documents or statements I provide to support my request?

A. USCIS has the authority to verify documents, facts, and statements provided to support immigration requests, including requests under this process. We may contact relatives, educational institutions, other government agencies, or other entities to verify information. In addition, USCIS will conduct background and security checks. If USCIS determines you have made a material misrepresentation or engaged in fraud as part of your request, your request will be denied, and you may be ineligible or inadmissible for other immigration benefits in the future. You may also be subject to criminal prosecution.

Q. Am I required to demonstrate that I am not inadmissible in order to qualify for this process?

A. No. Parole is neither an admission to the United States nor a determination of admissibility. As a result, requestors do not need to demonstrate that they are not inadmissible as part of this process. However, USCIS may consider facts and circumstances that may give rise to one’s inadmissibility in making the case-by-case discretionary parole determination, and requestors who subsequently apply for adjustment of status will be evaluated for admissibility at that stage.

Q. Will I be subject to the public charge ground of inadmissibility when I request parole in place?

A. No. Parole is neither an admission to the United States nor a determination of admissibility. As a result, requestors do not need to demonstrate that they are not inadmissible under the public charge ground of inadmissibility as part of this process. However, requestors who subsequently apply for adjustment of status will be evaluated for admissibility, including the public charge ground of inadmissibility, at that stage.

Q. Will the information I share in my Keeping Families Together request be used for immigration enforcement purposes?

A. DHS generally will not use information contained in a request under this process for the purpose of initiating immigration enforcement action, unless DHS determines, in its discretion, that you pose a threat to national security, public safety, or border security.

This process does not preclude DHS from, in its discretionary authority, taking enforcement actions in accordance with the INA and consistent with governing policies and practices, against noncitizens who may be eligible or who have pending requests for parole under this process.

DHS may disclose information in the request to national security and/or law enforcement agencies, including ICE and CBP, for purposes other than initiation of immigration enforcement proceedings. These purposes include assistance in the consideration of parole, identification or prevention of fraudulent claims, investigation of a possible national security threat, investigation or prosecution of a criminal offense, or as otherwise needed, consistent with statutory authorities, obligations, and restrictions, as well as governing privacy and information-sharing policies.

Q. If my request is pending and I am encountered by CBP or ICE, will I be placed into removal proceedings?

A. The Sept. 30, 2021,  Guidelines for the Enforcement of Civil Immigration Law (PDF)   direct DHS to focus its limited resources on noncitizens who pose a threat to our national security, public safety, or border security.

Those  guidelines  remain in effect. Filing a request under this process, or eligibility to file a request for parole in place under this process, does not prevent CBP or ICE from taking enforcement action against an individual when otherwise appropriate under applicable law and policy.

Q. If USCIS denies my request, will I be placed in removal proceedings?

A. If we deny your request under this process, we generally will not issue a Notice to Appear (NTA) or refer your case to ICE for possible enforcement action solely based on our denial. USCIS maintains discretion to issue an NTA or refer the case to ICE for possible enforcement action consistent with governing policies and practices, including initiating immigration enforcement proceedings based on a threat to national security, public safety or border security*.

* NOTE : Consistent with the Sept. 30, 2021,  Guidelines for the Enforcement of Civil Immigration Law (PDF) , a noncitizen who poses a threat to border security will be generally disqualified from receiving parole in place pursuant to this process. However, there is an exception for stepchildren who entered the United States unlawfully after Nov. 1, 2020, and who otherwise meet the criteria for parole in place under this process.

Q. What is considered a legally valid marriage?

A. USCIS will generally recognize a marriage as valid for purposes of Keeping Families Together if it is legally valid in the place where the marriage was celebrated, the parties to the marriage were legally free to marry, and the marriage is not contrary to the public policy of the United States or of the state where the couple resides.

The place of celebration is generally where the ceremony took place or where the officiant of the ceremony was located and where the marriage certificate was issued. Even if a marriage is valid in the place of celebration, there are circumstances where USCIS may not recognize a marriage relationship as valid for the purposes of this process, consistent with existing case law and policies for family-based immigrant visa petitions and other benefits.

Examples of the types of marital relationships that USCIS generally will not recognize for the purposes of this process include, but are not limited to:

• Civil unions, domestic partnerships, or other relationships that do not confer the same legal rights and responsibilities to the parties as a marriage recognized by a civil authority;
• Marriages that are contrary to public policy in the United States; and
• Marriages where one or both parties to the marriage are not legally free to marry or have not given consent to the marriage.

Q. Are common law marriages considered legally valid marriages for purposes of Keeping Families Together?

A. USCIS recognizes common law marriages in adjudicating immigration benefits in certain circumstances and will similarly recognize them for purposes of Keeping Families Together if:

• The parties live in a jurisdiction that recognizes common law marriages;
• The parties meet the qualifications for common law marriage for that jurisdiction;
• The marriage is valid and recognized by the jurisdiction in which the marriage was established; and
• The marriage was established on or before June 17, 2024.

If you live in a different state than where you entered into your marriage, you may still be eligible. Some states may recognize a common law marriage contracted in another state even if the recognizing state does not accept common law marriage as a means for its own residents to contract marriage.

If you are requesting parole in place under Keeping Families Together on the basis of a common law marriage, you should submit a copy of the statute, regulation, or case law that states the requirements in that jurisdiction for establishing a common law marriage. You should also submit evidence that demonstrates you met the requirements in the jurisdiction for establishing a common law marriage on or before June 17, 2024. USCIS will review the laws of the relevant jurisdiction on common law marriages and the evidence you submit to determine whether you and your spouse should be considered to be married for purposes of this process and when the marriage was established.

Q. If my U.S. citizen spouse has died, am I still eligible for Keeping Families Together?

A. If your U.S. citizen spouse has died and you have not remarried, you may still be eligible for the Keeping Families Together process. However, to be eligible for immigrant visa petition approval and eligible to apply to adjust status as a widow(er) of a U.S. citizen, you must meet other eligibility requirements. For more information, see FAQ under “Eligibility for Form I-485, Application to Register Permanent Residence or Adjustment of Status” below.

Q. What are the age requirements to be eligible for Keeping Families Together as a stepchild?

A. To be considered for this process as a stepchild of a U.S. citizen, you must have been under 21 and unmarried as of June 17, 2024. In addition, the legally valid marriage between your noncitizen parent and your U.S. citizen stepparent must have occurred on or before June 17, 2024, and before your 18th birthday.

Q. I was under 21 and unmarried as of June 17, 2024, and am the stepchild of a U.S. citizen. Am I eligible for Keeping Families Together?

A. Yes, if you meet all other criteria. You may be eligible for this process if, as of June 17, 2024, you were under age 21, unmarried, and met the definition of a stepchild under INA 101(b)(1)(B), including being under the age of 18 at the time of your parent’s marriage to your U.S. citizen stepparent. If you pursue adjustment of status, USCIS will determine whether, at the time of the Form I-130 filing, you met the INA definition of a child or of a son or daughter of a U.S. citizen. For more information on family-based immigration processes, please refer to  USCIS resources .

Q. If I am a stepchild of a U.S. citizen, do I have to file my own individual request?

A. Yes. You must file your own Form I-131F, pay the $580 filing fee, and submit documentation establishing you meet the criteria for this process. Parents or legal guardians may sign and submit a request on behalf of a minor child under the age of 14. Children may also sign a request for themselves. If a parent is filling out the information on behalf of their child, the parent must include their information in the “preparer” section of Form I-131F.

Q. If I am making a request for this process as the stepchild of a U.S. citizen, must I have at least 10 years of continuous physical presence?

A. No. As a stepchild of a U.S. citizen, you must demonstrate continuous physical presence in the United States since at least June 17, 2024, through the date of filing. You are not required to demonstrate that you have been continuously physically present for 10 years before June 17, 2024.

Q. I am the stepchild of a U.S. citizen, and my noncitizen parent or U.S. citizen stepparent is deceased. Am I eligible under Keeping Families Together?

A. You may be eligible for this process if your noncitizen parent or U.S. citizen stepparent is deceased. However, a grant of parole does not guarantee eligibility for immigrant visa petition approval or adjustment of status.

Q. If I am granted parole in place under Keeping Families Together as a stepchild of a U.S. citizen, what will happen to me if my parent and U.S. citizen stepparent divorce before I am able to apply to adjust my status (before my parole period ends)?

A. If your noncitizen parent and U.S. citizen stepparent divorce, you may continue to be eligible as an immigrant petition beneficiary and for adjustment of status if your stepparent demonstrates an ongoing bona fide parent-child relationship to you. This might include evidence that you and your stepparent reside together or that your stepparent provides financial and emotional support for your care.

Q. Do brief departures from the United States interrupt the continuous physical presence threshold criterion? Also, if I am granted parole, will a brief, casual, and innocent absence from the United States affect my eligibility for adjustment of status?

A. No. A brief, casual, and innocent absence from the United States will not interrupt your continuous physical presence in the United States during the required period for the purpose of Keeping Families Together. For the purpose of this process, a brief, casual, and innocent absence means an absence from the United States that took place prior to June 17, 2024, and:

• The absence was short and reasonably calculated to accomplish the purpose for the absence;
• The absence was not because of a departure under an order of exclusion, deportation, or removal;
• The absence was not because of an order of voluntary departure, or an administrative grant of voluntary departure before you were placed in exclusion, deportation, or removal proceedings;
• The purpose of the absence and your actions while outside the United States were not contrary to law; and
• You are not a threat to border security (apprehended while attempting to unlawfully enter the United States on/after Nov. 1, 2020, or apprehended in the United States after unlawfully entering after Nov. 1, 2020). See DHS’s Sept. 30, 2021,  Guidelines for the Enforcement of Civil Immigration Law (PDF) .

However, to be eligible for adjustment of status, you must be admissible to the United States. If you were unlawfully present in the United States before your departure and absence from the United States, you may be inadmissible to the United States under INA section 212(a)(9)(B) or (C) and ineligible for adjustment of status under INA section 245(a), even after a grant of parole in place, depending on certain factual circumstances, including how long you were unlawfully present in the United States before your departure and whether you departed after being ordered removed from the United States. If you were removed or departed the United States under an outstanding order of exclusion, deportation, or removal and subsequently reentered without being admitted or paroled, USCIS will not grant you parole in place under Keeping Families Together, regardless of the date of your removal, departure, or reentry.

More information concerning unlawful presence is available on the  USCIS website , including information about the availability of a waiver for inadmissibility under INA section 212(a)(9)(B) or consent to reapply for admission after spending 10 years outside the United States for inadmissibility under INA section 212(a)(9)(C). Determining if you are inadmissible after accruing unlawful presence can be complex. If you need help or legal advice on immigration matters, make sure the person helping you is authorized to give legal advice. You can find information about authorized legal services on our  Avoid Scams  page.

CAUTION:  If you need to travel during your parole period or while your adjustment of status application is pending, please carefully review the “Travel” section of these FAQs below , which refers to obtaining an Advance Parole document prior to departing the United States.

Q. I am currently in removal proceedings. Am I eligible for Keeping Families Together?

A. Yes. If you are otherwise eligible for parole in place under this process, including that you are present in the United States without admission or parole, USCIS will consider your request if you are currently in removal proceedings before an immigration judge (also called INA Section 240 proceedings), including if your case is on appeal before the Board of Immigration Appeals, or if you have a case that is administratively closed. This includes if you were released on bond or on your own recognizance.

However, USCIS will consider any relevant information related to your removal proceedings, and any other relevant factors, in determining whether to grant parole in place as a matter of discretion. If you constitute an enforcement priority based on national security, public safety, or border security* concerns/issues, USCIS will deny your request for parole in place under this process.

* NOTE:  Consistent with the Sept. 30, 2021,  Guidelines for the Enforcement of Civil Immigration Law (PDF) , a noncitizen who poses a threat to border security will be generally disqualified from receiving parole in place pursuant to this process. However, there is an exception for stepchildren who entered the United States unlawfully after Nov. 1, 2020, and who otherwise meet the criteria for parole in place under this process. 

Q. How do I find out if I am in removal proceedings or have a removal order?

A. If you do not know if you have a removal order or are currently in immigration proceedings, you can use your A-Number to look up your immigration court case status at  https://acis.eoir.justice.gov/en/ . You can also call the EOIR hotline: 800-898-7180 / 304-625-2050 / TDD: 800-828-1120. ‘A-Number” refers to the immigration file number provided to you by U.S. immigration officials. It is an eight or nine-digit number that begins with an “A” and can be found on correspondence you have received from DHS or USCIS or on immigration court records.

Q. I have a final removal order but have not departed or been removed from the United States or have not departed after a grant of voluntary departure. Am I eligible for the Keeping Families Together process?

A. You may request parole in place under Keeping Families Together if you otherwise meet the criteria, but if you have a final removal order and have not departed the United States after the entry of that order, or have not been removed from the United States—sometimes called an “unexecuted” removal order (including a removal order that resulted from failure to depart after a grant of voluntary departure)—you are subject to a rebuttable presumption of ineligibility for this process.

Q. If my removal proceedings were administratively closed, am I eligible for Keeping Families Together?

A. Yes. USCIS may grant your parole in place request, if you otherwise meet the eligibility criteria and merit a favorable exercise of discretion. However, to apply for adjustment of status, you may need to seek re-calendaring, termination, or dismissal of your removal proceedings, depending on your circumstances.

Q. I was removed from the United States with a final order of removal and reentered without being admitted or paroled. Am I eligible for parole in place under Keeping Families Together?

A. No. If you were removed or departed the United States under an outstanding order of exclusion, deportation, or removal and subsequently reentered without being admitted or paroled, USCIS will not grant you parole in place under Keeping Families Together, regardless of the date of your removal, departure, or reentry.

Q. What factors will USCIS consider in determining whether I have rebutted the presumption of ineligibility for parole in place because I have a final unexecuted removal order?

A. USCIS will evaluate, in the exercise of its discretion on a case-by-case basis, all positive and negative factors presented in your case, including the facts and circumstances underlying the unexecuted final removal order, in determining whether you overcome the presumption of ineligibility and be granted parole in place. Examples of information that may be relevant to overcoming the presumption of ineligibility include, but are not limited to:

• Lack of proper notice;
• Your age when the removal order was issued;
• Lack of counsel, ineffective assistance of counsel or being a victim of fraud in connection with immigration representation;
• Language access issues;
• Status as a victim of domestic violence;
• A physical or mental condition requiring care or treatment;
• Other extenuating personal factors, such as requestor’s limited resources (for example, a lack of housing that would have affected the requestor’s ability to appear);
• Other mitigating factors.

Q. I was granted parole in place under this process but am in removal proceedings before an immigration judge or the Board of Immigration Appeals or had my removal proceedings administratively closed. Can I apply for adjustment of status to that of a lawful permanent resident with USCIS?

A. Not immediately. If you want to file for adjustment of status with USCIS, you must ask the immigration judge to first terminate or dismiss your removal proceedings. Even if USCIS grants you parole in place, the immigration court generally retains sole jurisdiction over your application for adjustment of status (Form I-485) as long as you remain in removal proceedings, including if your removal proceedings were administratively closed.

If you are in INA section 240 proceedings, you should contact the appropriate local ICE Office of the Principal Legal Advisor (OPLA) field office where your removal case is located and provide information about your approved parole request. Contact information for local ICE OPLA field offices for prosecutorial discretion requests is available in the “OFL Email Addresses for PD Requests” section under “Additional Information” on the Doyle Memorandum: Frequently Asked Questions and Additional Instructions | ICE page. You may request that ICE OPLA work with you, at their discretion, to jointly request that the court terminate or dismiss your removal proceedings, or if your case is administratively closed, to request that the court re-calendar and then terminate or dismiss your removal proceedings.

Q. I was granted parole in place under Keeping Families Together but have a final unexecuted removal order issued by an immigration judge or the Board of Immigration Appeals. Can I apply for adjustment of status to that of lawful permanent resident before USCIS?

A. No. USCIS generally will not have jurisdiction to adjudicate your application for adjustment of status (Form I-485), unless your removal proceedings are first reopened and terminated or dismissed by an immigration judge.

If you have a final unexecuted removal order, you may  contact ICE OPLA to request that they work with you, at their discretion, to jointly submit a motion asking the immigration court to reopen and terminate or dismiss your removal proceedings.

Q. What impact does having a criminal conviction have on eligibility for this process?

A. All felony offenses will be disqualifying under this process. Convictions for the following offenses are also disqualifying regardless of whether the conviction was a felony or misdemeanor. DHS reserves its discretion to determine that other offenses are disqualifying, even if not listed.

• Murder, torture, rape, or sexual abuse;
• Offenses involving firearms, explosive materials, or destructive devices;
• Engaging in activities relating to peonage, slavery, involuntary servitude, and trafficking in persons;
• Aggravated assault;
• Offenses relating to child pornography, sexual abuse or exploitation of minors, or solicitation of minors;
• Domestic violence, stalking, child abuse, child neglect, or child abandonment; and
• Controlled substance offenses (other than simple possession of 30 grams or less of marijuana).

All other criminal convictions not listed above, excluding minor traffic offenses, will result in a presumption of ineligibility for this process. To overcome the presumption of ineligibility, you must provide documentation demonstrating positive factors that can be considered in overcoming this presumption and showing that you warrant a favorable exercise of discretion. You should include copies of arrest records and certified court dispositions for each arrest or criminal charge, as well as evidence that you completed your sentence, if applicable.

Even if you establish that you have met all the criteria for eligibility, and have rebutted the presumption of ineligibility, USCIS will examine the totality of the circumstances to determine whether your request should be granted as a matter of discretion for significant public benefit or urgent humanitarian reasons.

Q. If I have a conviction for a felony offense, am I eligible for this process?

A. No. If you have been convicted of a felony offense, you are not eligible for this process, and we will deny your request.

Q. What offenses qualify as felonies?

A. A felony is a federal, state, or local criminal offense punishable by imprisonment for a term exceeding one year. A single conviction for a felony offense is disqualifying for purposes of this process.

Q. I have pending criminal charges. Am I eligible for this process while the charges remain pending?

A. No. If you have been charged with any criminal offense and the charges remain pending, we will deny your request and not refund your filing fee. You may make a request for this process once your charges are resolved. However, if your criminal charges result in a conviction, and you are convicted of a crime that renders you ineligible for this process, your request will be denied. If your charges result in a conviction and the conviction does not render you ineligible for this process, the conviction will result in a rebuttable presumption of ineligibility, which may be overcome by demonstrating positive factors that outweigh the negative factors in your case.

You should include copies of arrest records and certified court dispositions for each arrest or criminal charge, as well as evidence that you completed your sentence, if applicable. USCIS will weigh the seriousness of the conviction against the positive factors and any other relevant information in each individual case. We will consider all criminal history in determining whether you merit a favorable exercise of discretion under this process.

Q. What qualifies as a national security, public safety, or border security concern?

A. If the background check or other information uncovered during the review of your request indicates that you pose a public safety, national security, or border security concern, we will not grant your parole request. Indicators of national security concerns include, but are not limited to, participation in activities that threaten the United States. Indicators of public safety concerns include, but are not limited to, serious criminal conduct and criminal history. Indicators of border security concerns include apprehension following entry into the United States without authorization on or after Nov. 1, 2020; however, stepchildren who otherwise meet the eligibility criteria will not be disqualified if they entered on or after Nov. 1, 2020.

Q. Are dismissed, expunged, vacated, pardoned, deferred, annulled, invalidated, withheld, or sealed convictions subject to the presumption of ineligibility?

A. Yes. Convictions that were, for example, dismissed, expunged, vacated, pardoned, deferred, annulled, invalidated, withheld, or sealed will still create a presumption of ineligibility for purposes of this process, even if they may no longer constitute convictions for immigration purposes. You may be able to overcome this presumption, however, depending on the specific facts of your case, including but not limited to the fact that the conviction was expunged or vacated under state law, the reasons for the expungement or vacatur, the nature of the underlying offense, your age at the time of the commission of the underlying offense, and any other relevant facts surrounding the original conviction. In addition, USCIS may consider your entire criminal history, if any, along with other facts to determine, whether, under the totality of the circumstances, a favorable exercise of discretion is warranted.

NOTE : If you were never convicted (for example, you were only arrested), you are not subject to the presumption of ineligibility.

Q. If I have a criminal conviction that makes me presumptively ineligible for Keeping Families Together, how can I overcome that presumption?

A. The presumption may be rebutted on a case-by-case basis by providing evidence that demonstrates positive and mitigating factors that overcome the presumption. USCIS will weigh the seriousness of the conviction against mitigating factors relating to the conviction as well as other positive factors that suggest you merit a favorable exercise of discretion. The weight of the presumption will be guided by the nature and seriousness of the conviction. A less serious conviction, or a conviction that does not indicate you are a public safety concern, will carry less weight and can be more easily rebutted. In adjudicating parole in place requests on an individualized, case-by-case basis, the nature and seriousness of the conviction will determine the evidence needed to overcome it.

You should submit a detailed statement explaining the circumstances of the conviction, any mitigating factors, and any positive factors you want USCIS to consider and any other evidence you think may support your case. USCIS may request additional evidence from you if the evidence you submit initially is not sufficient to overcome the presumption of ineligibility. Examples of factors we will consider in determining whether the presumption of ineligibility based on a criminal conviction can be overcome – such as the age and nature of the conviction, as well as positive factors about the requestor – are described below.

Q. What factors will USCIS consider to determine whether I have overcome the presumption of ineligibility because of a criminal conviction?

A. Factors that can be considered in overcoming the presumption of ineligibility due to a criminal conviction may include, but are not limited to:

• Age of the conviction(s) (remoteness in time);
• Your age at the time of the offense and conviction, including whether you were a juvenile at the time of the offense;
• Sentence or penalty imposed;
• Evidence of subsequent rehabilitation;
• Nature of the conviction, including whether the conduct at issue was non-violent;
• Whether the conviction was an isolated offense when considered against the rest of your history, if any (including consideration of whether multiple criminal convictions were on the same date and may have arisen out of the same act, omission or scheme of conduct);
• Existence of a mental or physical condition that may have contributed to the criminal conduct;
• Your particular vulnerability, including any physical or mental condition requiring treatment or care in the United States;
• Your status as a victim of criminal activity, including domestic violence, particularly if related to the criminal conduct at issue;
• Your status, or that of your U.S. citizen spouse, as a current or former member of the U.S. military;
• Your status as the primary caregiver for a U.S. citizen child or elderly U.S. citizen parent or in-law;
• Your good character, such as property ties, business ties, or value and service to the community; or
• Other factors USCIS considers in its exercise of discretion.

Q. If I have a misdemeanor conviction for driving without a license, or driving with an expired license, will it make me ineligible for this process?

A. No. Misdemeanor convictions for minor traffic offenses, including driving without a license or driving with an expired license, will not make you ineligible for this process or create a presumption of ineligibility.

Q. Are juvenile delinquency dispositions subject to the presumption of ineligibility?

A. Yes. Juvenile delinquency dispositions will create a presumption of ineligibility for purposes of this process, even if they do not constitute convictions for immigration purposes. However, the factors considered when determining whether the presumption has been overcome, such as the nature of the underlying offense, your age at the time of the commission of the underlying offense, the length of time that has passed since the adjudication, and any other relevant facts surrounding the offense may be especially relevant in such cases. In addition, we may consider your entire criminal history, if any, along with other positive factors to determine, whether, under the totality of the circumstances, a favorable exercise of discretion is warranted.

If you cannot provide the record of the disposition because it is sealed or because State law prohibits its disclosure (even to you), USCIS still may request a statement or other information from you to determine whether the presumption has been overcome and a favorable exercise of discretion is otherwise warranted.

Q. Will USCIS conduct a background check when reviewing my request?

A. Yes. USCIS will conduct biographic and biometric background checks as part of its consideration of your request.

Q. What do background checks involve?

A. You must submit biometrics at an application support center (ASC), and USCIS will conduct background and security checks. Following your submission of your request, USCIS will send you a notification via your myUSCIS account that explains when and where to appear for your biometrics collection appointment.  You must print your biometric services appointment notice and bring it with you to your appointment.   If you are unable to attend the appointment, you can reschedule using our online rescheduling request process. For more information, see the Preparing for Your Biometric Services Appointment page and  Vol. 1, Part C, Chapter 2 – Biometrics Collection  in the USCIS Policy manual. 

Q. Can I appeal USCIS denial of my request under Keeping Families Together?

A. No. You cannot appeal the decision if we deny your parole in place request. However, you can file a new request, with new or additional evidence demonstrating your eligibility for parole in place, with the accompanying $580 filing fee.

Q. Can I file a motion to reopen or reconsider USCIS denial of my request under Keeping Families Together?

A. No. You cannot file a motion to reopen or reconsider the denial of your parole in place request under Keeping Families Together. However, you can file a new request, with new or additional evidence demonstrating your eligibility for parole in place, with the accompanying $580 filing fee.

Q. What will I receive if USCIS approves my request under Keeping Families Together?

A. If USCIS approves your parole in place request, you will receive a Form I-797, Approval Notice, that indicates the grant and validity period of parole in place. It will also include a copy of your Form I-94, Arrival/Departure Record, and Form I-94 number.

Q. If my request for Keeping Families Together is approved, will I accrue unlawful presence?

A. No. If you are granted parole in place under Keeping Families Together, you are in a period of authorized stay, which means you do not accrue unlawful presence while your parole remains valid (that is, not expired or terminated). Importantly, however, if you receive parole in place under Keeping Families Together, it does not erase any unlawful presence accrued  before  the start of your parole period. Furthermore, a pending request for parole in place does not stop the accrual of unlawful presence.

If your parole expires or is otherwise terminated, you will begin accruing  unlawful presence  unless you are maintaining or obtain another status during the parole period. Parole may be terminated at any time in DHS’s discretion upon a determination that parole is no longer warranted, for example, following the commission of criminal conduct. It is recommended that you apply for lawful permanent resident status as soon as possible after obtaining parole in place under this process. For more information on applying for lawful permanent resident status, please visit the  How to Apply for a Green Card webpage.

Q. If USCIS does not grant my request, will I be placed in removal proceedings?

A. If we deny your request for parole in place, we will generally not issue a Notice to Appear (NTA) or refer your case to ICE for possible enforcement action solely based on the denial, unless DHS is initiating immigration enforcement proceedings against you because you are considered a priority under the Sept. 30, 2021,  Guidelines for the Enforcement of Civil Immigration Law (PDF)   as a threat to national security, public safety, or border security.*

* NOTE:  Consistent with these guidelines, a noncitizen who poses a threat to border security will be generally disqualified from receiving parole in place pursuant to this process. However, there is an exception for stepchildren who entered the United States unlawfully after Nov. 1, 2020, and who otherwise meet the criteria for parole in place under this process.

Q. What happens if my request under Keeping Families Together is granted, but I do not apply for or receive adjustment of status during my parole period?

A. When the parole period terminates, a noncitizen returns to the same immigration status or category that they maintained before the parole in place, if any (unless that status or category has since expired or terminated), and their case will be dealt with in the same manner as any other applicant for admission, unless they obtained another immigration status or category during the parole period that is still valid beyond the parole end date. As stated above, DHS is not contemplating a re-parole process.

Q. I have a pending Form I-601A, Application for Provisional Unlawful Presence Waiver. Can I still make a request under Keeping Families Together?

A. Yes, you may make a request for this process while you have a pending Form I-601A. If you are granted parole in place under this process, you may then be eligible to apply for adjustment of status to that of lawful permanent resident by filing Form I-485, Application to Register Permanent Residence or Adjust Status, in the United States without first seeking a provisional unlawful presence waiver. If your Form I-131F request is granted and you then apply for adjustment of status with USCIS, you will no longer be eligible for a provisional unlawful presence waiver, and we will deny your Form I-601A.

Q. What will happen with my pending Form I-601A if I file a request under Keeping Families Together?

A. Your Form I-601A will remain pending and will be adjudicated in the normal course. We will not refund the fee you paid for Form I-601A if you file a request for parole in place under this process. In addition, note that if your parole in place is granted and you apply to adjust status to that of a lawful permanent resident (Form I-485), you will no longer be eligible for a provisional unlawful presence waiver, and we will deny your Form I-601A.

Q. My Form I-601A was approved, but I have not left the United States to attend a consular interview yet. May I make a request under Keeping Families Together?

A. Yes. If you are present in the United States without admission or parole, are otherwise eligible for this process, and merit a favorable exercise of discretion, we may approve your request even though we already approved your Form I-601A.

Q. I previously filed a Form I-601A and now am filing a Form I-131F. Do I have to pay the Form I-131F fee?

A. Yes. You must pay the $580 fee for the Form I-131F, even if you previously filed a Form I-601A.

Q. I previously filed a Form I-601A. Will you prioritize consideration of my Form I-131F?

A. USCIS may prioritize your Form I-131F if you have a pending or approved Form I-601A and you include your Form I-601A receipt number on your Form I-131F request. For this reason, you should make sure to include your Form I-601A receipt number on your Form I-131F.

NOTE:  For your case to be identified and potentially prioritized, you must ensure that all biographic information on Form I-131F, including your name, exactly match the information you provided on the Form I-601A you previously filed.

Q. I have a pending Form I-601A. What happens to that request if my request under Keeping Families Together is granted?

A. Your Form I-601A will remain pending and will be adjudicated in turn. However, one of the eligibility requirements for the Form I-601A is that you do not have a pending application for lawful permanent residence with USCIS. Therefore, if you are granted parole in place and file for adjustment of status with USCIS, your pending Form I-601A will be denied.

Q. If I am granted parole in place under Keeping Families Together and no longer need a provisional unlawful presence waiver, will USCIS refund the filing fee for my Form I-601A?

A. No. Keeping Families Together is voluntary and requires payment of the requisite fee even if you have filed a Form I-601A. Filing fees are final and non-refundable, regardless of any action we take on your application, petition, or request, or if you withdraw your request.

Q. If my request under Keeping Families Together is denied, does this affect the decision on my pending Form I-601A?

A. No. The denial of a request for parole in place does not affect the adjudication of the Form I-601A, but the reasons that led to the denial of a parole in place request may also affect eligibility for a provisional unlawful presence waiver, including the determination of whether you merit a favorable exercise of discretion.

Q. If my request under Keeping Families Together is denied, can I still file a Form I-601A?

A. Yes. Form I-601A has different eligibility requirements than parole in place. A denial of parole in place does not make you ineligible for a provisional unlawful presence waiver; however, you should review the reasons for the denial of your parole in place request to determine if any of those reasons also make you ineligible for a provisional unlawful presence waiver.

Q. If my request for Keeping Families Together is granted, will I be eligible to request employment authorization?

A. Yes. If USCIS approves your request for Keeping Families Together, you can apply for an Employment Authorization Document (EAD) by filing  Form I-765, Application for Employment Authorization , under eligibility category (c)(11). You can only apply for employment authorization after your Keeping Families Together request is approved. If you file your Form I-765 Employment application before USCIS approves your I-131F request under this process, USCIS will reject or deny your Form I-765.

Q. Will there be a fee to apply for employment authorization (Form I-765)?

A. Yes. If you file online through your myUSCIS account, the filing fee for Form I-765 is $470. If filing on paper and sending by mail, the filing fee for  Form I-765 is $520. If you would like to request a fee waiver, you must file your Form I-765 by mail and your filing must include a completed  Form I-912 or a written request for a fee waiver with supporting evidence of your financial inability to pay the fee. At present, you cannot request a fee waiver if you file your Form I-765 online.

Please visit our  Request for Fee Waiver webpage for additional information, guidance and tips on fee waiver requests. You can also review the  Form G-1055 for a complete fee schedule.

Q. Can I file my Form I-131F at the same time (concurrently) as an application for employment authorization (Form I-765)?

A. No, at this time, you must submit these two forms separately. If your Form I-131F is approved and you are granted parole in place, you can then file Form I-765 to apply for an EAD based on your authorized period of parole.

Q. How long will I be authorized for employment?

A. If your request for this process is approved and you are later granted an employment authorization document (EAD) under eligibility category (c)(11), your EAD will generally be valid for the same duration as your parole period, which can be up to three years under this process. Once you apply for adjustment of status to lawful permanent resident, you will then be eligible to apply for employment authorization pending adjudicating of your adjustment application under eligibility category (c)(9). You can receive employment authorization with a five-year validity under category (c)(9). If your parole under this process is granted, you should not delay in filing a subsequent I-130 petition and I-485 application.

Q. What should I do if my Employment Authorization Document (EAD) was lost, stolen, or damaged?

A. If your parole period is currently valid, and you need to replace a valid EAD because yours was lost, stolen, or damaged, please review the “Replace an EAD” section on the  Employment Authorization Document page.

NOTE: Do not  file Form I-131F with this replacement Form I-765. If you submit Form I-131F when you are filing to replace a lost, stolen, or damaged EAD, we will deny your Form I-I31F, and we will not refund the filing fee for Form I-131F.

Q. As an employer, if I provide my employee with information regarding their employment to support a request for parole in place, will that information be used for immigration enforcement purposes against me or my company?

A. An employer may, as they determine appropriate, provide individuals requesting parole in place under this process with documentation verifying their employment. This information will not be shared with ICE for civil immigration enforcement purposes under section 274A of the Immigration and Nationality Act (relating to unlawful employment of noncitizens), except in cases involving unscrupulous employers who exploit undocumented workers by engaging in illegal acts ranging from the payment of substandard wages to imposing unsafe working conditions and facilitating human trafficking and child exploitation, and who therefore may be a DHS worksite enforcement priority as described in the Oct. 12, 2021 memorandum entitled “ Worksite Enforcement: The Strategy to Protect the American Labor Market, the Conditions of the American Worksite, and the Dignity of the Individual .”

Q. How can I tell if an employer is discriminating against me because I am a parolee?

A. An employer may be engaging in discrimination if they:

• Demand that an employee only show specific documents from the  Lists of Acceptable Documents or ask for more or different documents than are required to complete  Form I-9, Employment Eligibility Verification, or create an  E-Verify case; or
• Reject documents from the  Lists of Acceptable Documents  that reasonably appear to be genuine and relate to the employee, including documentation showing employment authorization because it has a future expiration date or because of an employee’s prior unauthorized status.

The Civil Rights Division of the U.S. Department of Justice has an office dedicated to ensuring that employers do not discriminate against individuals who are permitted to work in the United States. These include parolees who have been granted work authorization. If you think your employer may be discriminating against you, contact the Immigrant and Employee Rights Section (IER) at 800-255-7688 (TDD for the deaf and hard of hearing: 800-237-2515).

Q. What happens to my employment authorization if USCIS terminates my parole before it expires?

A. If USCIS terminates your grant of parole, there will no longer be a basis for your parole-based employment authorization. USCIS may therefore revoke your employment authorization.

Q. Can I file a family-based petition (Form I-130) at the same time as my parole in place request (Form I-131F)?

A. Each form must be filed separately with their own fees, but there is no requirement to wait to file a Form I-130. The Form I-131F may only be filed online, whereas the Form I-130 may be filed online or on paper by regular mail. The timing in which you file a Form I-130 will not affect the adjudication time of your Form I-131F.

Q. USCIS granted my request under Keeping Families Together. Does my U.S. citizen spouse or stepparent need to file Form I-130 for me so that I am able to apply to adjust to lawful permanent resident status?

A. Yes, unless your U.S. citizen spouse or stepparent has already filed a Form I-130 on your behalf. To be eligible for lawful permanent resident status on the basis of your marriage or stepchild relationship to a U.S. citizen, you must have an approved Form I-130. If you requested parole as the stepchild of a U.S. citizen, you must have a separate Form I-130 filed on your behalf.

Q. What are the requirements for my U.S. citizen spouse to file Form I-130?

A. In addition to having a legally valid marriage that is valid in the place of celebration, and that is not contrary to the public policy of the United States or state in which you and your spouse reside, your petitioning U.S. citizen spouse must demonstrate that your marriage is bona fide and was not entered into for the primary purpose of seeking an immigration benefit. For additional information on requirements and filing procedures for Form I-130, please see our  Form I-130, Petition for Alien Relative page.

Q. What are the requirements for my U.S. citizen stepparent to file Form I-130?

A. To be a beneficiary of a Form I-130 as a stepchild, and eligible to apply to adjust status, the child’s stepparent must demonstrate that their marriage to the child’s noncitizen parent was bona fide. For additional information on requirements and filing procedures for Form I-130, please see our  Form I-130, Petition for Alien Relative page.

Q. What additional documents can I provide to demonstrate that my marriage is bona fide for purposes of the Form I-130?

A. At the time of filing the Form I-130, your U.S. citizen spouse, as the Form I-130 petitioner, will need to provide evidence that your marriage is bona fide. Such evidence may include but is not limited to:

• Documentation showing joint ownership of property or evidence that you and your spouse reside together;
• Documentation showing that you and your spouse have shared financial resources;
• Birth certificates of children born to you and your spouse;
• Affidavits from others who have personal knowledge of your marriage; and
• Any other documentation to establish that there is an ongoing marital union.

Additionally, your marriage must not be contrary to the public policy of the United States or state where you and your spouse reside.

Q. What are the requirements for widow(er)s and what do I file?

A. If you are a  widow(er) , you must have a pending or approved Form I-130 filed prior to your spouse’s death, which will be converted to a  Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant . If a Form I-130 was not already filed on your behalf, you may file a Form I-360 petition as a self-petitioner but must do so within two years of your spouse’s death. You also must not have been legally separated from your spouse at the time of death and you must not remarry prior to the adjudication of your Form I-360.

Q. Can I apply for adjustment of status (Form I-485) concurrently with my Keeping Families Together request (Form I-131F)?

A. No. You must first be granted parole in place before applying for adjustment of status.

Q. If USCIS grants my request under Keeping Families Together, does this mean I will be eligible to adjust my status to that of a lawful permanent resident (LPR)?

A. This process does not change the eligibility criteria for LPR status but provides an opportunity for eligible noncitizen spouses and children of U.S. citizens to adjust their status under existing legal authorities without having to depart the United States to seek an immigrant visa at a U.S. embassy or consulate. To qualify for adjustment of status under  INA 245(a) , an applicant must prove that they have been inspected and admitted or paroled into the United States, among other requirements. A grant of parole in place will satisfy the parole requirement under INA 245(a). Eligibility for  Form I-485, Application to Register Permanent Residence or Adjust Status , and any related forms that might be required, including  Form I-601, Application for Waiver of Grounds of Inadmissibility , will be determined on their own merits in a distinct and separate process from the parole in place decision.

Q. If my request under Keeping Families Together is granted, am I subject to the “3- and 10-year unlawful presence bars” and the “permanent bar”?

A. If you are granted parole in place under this process and subsequently apply for adjustment of status, you will be evaluated for admissibility at that stage. For more information about how unlawful presence impacts the determination of inadmissibility, please visit  Unlawful Presence and Inadmissibility .

Determining if you are inadmissible after accruing unlawful presence can be complex. If you need help or legal advice on immigration matters, make sure the person helping you is authorized to give legal advice. You can find information about authorized legal services on our  Avoid Scams  page.

Q. If I have previously worked in the United States without employment authorization, am I ineligible for adjustment of status under INA section 245(c)(2) and 245(c)(8)?

A. The bars to adjustment of status at INA section 245(c)(2) and INA section 245(c)(8), which are related to accepting or engaging in unauthorized employment, generally do not apply to noncitizens seeking adjustment of status based on an approved Form I-130 as an immediate relative of a U.S. citizen. Spouses and children of U.S. citizens are considered immediate relatives under the INA.

Q. If my request under Keeping Families Together is granted, what will happen to me if my spouse passes away before I am able to apply to adjust my status (before my parole period ends)?

A. If your U.S. citizen spouse has died, you may still be eligible for  adjustment of status if you meet the eligibility requirements. To qualify, you must not have been legally separated from your spouse at the time of death and you must not remarry before USCIS adjudicates your adjustment application.

If you qualify as a widow(er), and you have a pending or approved Form I-130 filed before your spouse’s death, it will be automatically converted to a Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant.

If a Form I-130 was not already filed on your behalf, you may file a Form I-360 as a self-petitioner, but you must do so within two years of your spouse’s death.

Q. If my request under Keeping Families Together is granted, what will happen to me if my spouse and I divorce before I am able to apply to adjust my status (before my parole period ends)?

A. Generally, you will be ineligible to adjust status as the spouse of a U.S. citizen if you and your spouse divorce before you apply to adjust status. To be eligible for immigrant petition approval or to adjust status as the spouse of a U.S. citizen, you must still be married to your spouse at the time of application and final adjudication.

Q. If my request under Keeping Families Together is granted, will I be subject to the public charge ground of inadmissibility when I apply to adjust status to that of a lawful permanent resident?

A. If you apply for adjustment of status to become a lawful permanent resident after you are granted parole under this process, you must demonstrate that you are not inadmissible under the public charge ground of inadmissibility at INA 212(a)(4) (unless you are exempt from the public charge ground of inadmissibility), as well as the other grounds of inadmissibility in INA section 212.

For more detailed information on the public charge ground of inadmissibility, please refer to  USCIS Public Charge Resources, as well as  USCIS Policy Manual, Volume 8, Part G, Public Charge Ground of Inadmissibility .

Q. If my request under the Keeping Families Together is granted, can I travel outside the United States during my period of parole?

A. A grant of parole in place through Keeping Families Together does not authorize parole back into the United States if you decide to depart. If you depart the United States after being granted parole in place, your period of parole will automatically terminate. If you depart the United States without first obtaining an Advance Parole Document, you run a significant risk of not being able to return to the United States and you may also be ineligible for future immigration benefits.

CAUTION: Travel outside of the United States, even with advance parole, may have severe immigration-related consequences, including with respect to potential inadmissibility or execution of an outstanding order of removal. Parole into the United States is not guaranteed even if you have been granted advance parole prior to leaving the country. You are still subject to immigration inspection at a U.S. port of entry to determine whether you may be paroled into the United States and whether you are eligible for the immigration status you seek. For further information, see  Travel Documents | USCIS . Consultation with a qualified attorney or accredited representative is strongly advised prior to any travel outside of the United States.

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Immigrants Are Becoming U.S. Citizens at Fastest Clip in Years

The government has reduced a backlog of applications that built up during the Trump administration. New citizens say they are looking forward to voting in November.

“People like me want to vote in the election,” Gladis Brown said at her naturalization ceremony in Savannah, Ga. Credit... Anna Ottum for The New York Times

Supported by

By Miriam Jordan

Reporting from Savannah, Ga.

• Aug. 12, 2024

The federal government is processing citizenship requests at the fastest clip in a decade, moving rapidly through a backlog that built up during the Trump administration and the coronavirus pandemic.

At ceremonies in courthouses, convention centers and sports arenas across the country, thousands of immigrants are becoming new Americans every week — and becoming eligible to vote in time for the presidential election this fall.

It’s unclear how many of the new voters live in battleground states, but a number of the states where Kamala Harris or Donald Trump must win have large and growing numbers of voting-age naturalized citizens, including Georgia, Arizona, Nevada and Pennsylvania.

In Savannah, Ga., people from 19 countries streamed into a federal courthouse recently to take the oath of allegiance.

“My case was done in less than six months,” said Gladis Brown, who is married to an American and emigrated from Honduras in 2018.

Generally, lawful permanent residents, known as green-card holders, are eligible to become naturalized citizens if they have had that status for at least five years, or have been married to a U.S. citizen for at least three years.

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Rethinking Professional Development for Grad Students

Laura Kuizin describes how to create opportunities that go beyond the classroom and prepare students for the dynamic workforce they’ll soon enter.

By  Laura Kuizin

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As director of the master of applied professional studies (M.A.P.S.) at the University of North Carolina at Chapel Hill , I’ve seen firsthand how transformative a well-designed professional development program can be for graduate students. My 15 years in higher education have driven home a simple truth: Preparing graduate students for success goes well beyond academic performance. It demands a personalized and integrated approach—one that arms students with the skills, insights and networks necessary for them to excel in a variety of career paths.

When I began my career in higher education, the focus was almost entirely on preparing students for academic careers. But times have changed. Today, an increasing number of graduate students are exploring diverse career paths, both within and outside academia. This shift requires us to rethink our approach to professional development.

I remember a conversation with a talented mathematics student who had just been accepted into a Ph.D. program. She was excited but also anxious about how her skills might transfer to a nonacademic career if that became her path. She wasn’t alone in her concerns; many students I met with echoed similar sentiments across the College of Sciences and Mathematics. It became clear that our professional development offerings needed to adapt to these evolving needs.

In this piece, I’d like to share some of the strategies we’ve found most effective in creating professional development opportunities that extend beyond the classroom and help prepare students for the dynamic workforce they’re about to enter.

Unlocking potential. The starting point for any impactful professional development program is understanding where each student stands. We need to help them identify their strengths, areas for growth and the skills they may not even realize they have. In the M.A.P.S. program, students complete a variety of skills, values and strengths assessments during their first semester. These comprehensive skills assessments have been invaluable in tailoring individualized development plans.

I was surprised to discover how many students are unaware of or undervalue their existing skills. For example, one student athlete with a background in retail didn’t recognize the value of her teamwork and customer service experience in other fields. Uncovering these hidden strengths not only boosted her confidence but also provided a clear direction for her professional growth.

Moving from classroom to career. Exploring diverse career paths is essential for grad students, and it’s important not to stop at the obvious choices. Creativity in career exploration can lead to surprising and rewarding outcomes. Alumni panels, informational interviews and job shadowing are just a few ways to broaden students’ perspectives.

One of our recent M.A.P.S. graduates, for example, teamed up with another M.A.P.S. alum to launch an LLC offering basketball training camps for youth in underserved communities around the world. I spoke with him last week as they were preparing to offer a three-day camp to over 150 youth in Hong Kong. They combined their academic knowledge with their passion for sports and community service, demonstrating that a fulfilling career can be crafted by thinking outside the box.

Learning by doing. There’s no substitute for hands-on experience when it comes to applying classroom knowledge in the real world. Internships, consulting projects, volunteering and community engagement initiatives allow students to apply their skills in real-world settings. These experiences not only build practical skills but often open doors to unexpected career paths. Through short-term projects, in particular, students can engage with various industries, often leading them to opportunities they hadn’t initially considered.

Building bridges. Effective mentorship is crucial for any professional development program. By connecting students with both academic and industry professionals, we provide them with the guidance and networks that are crucial for their career advancement.

The most successful mentorships I’ve witnessed are those where both mentor and mentee bring distinct perspectives to the table. For example, one of our M.A.P.S. students with a nursing background partnered with a dean from the school of nursing and a Ph.D. candidate in computer science. Their collaboration resulted in an innovative program aimed at addressing the nurse-educator shortage—an excellent example of how interdisciplinary mentorship and collaboration can lead to groundbreaking solutions.

Communicating with confidence. The ability to effectively communicate is vital in any career, and we emphasize its importance through workshops and courses on both academic and nonacademic writing, presentation skills and digital communication. Practical, interactive sessions such as mock interviews and elevator-pitch competitions help students build the confidence they need to excel in professional settings.

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Leading the way. Leadership and teamwork are essential skills for future success. We offer a variety of opportunities for students to develop such abilities through group projects, student-led initiatives and leadership roles within graduate student organizations.

At the university where I previously worked, we developed a STEM ambassador program to which students applied and interviewed for leadership roles. This program, which was eventually led entirely by students, became a powerful tool for developing leadership, event management and teamwork skills.

Making ethical and responsible decisions. Incorporating ethics and professional responsibility into our professional development programs is essential. These elements ensure that students are prepared to navigate the many complex situations they will encounter and thorny decisions they will have to make throughout their careers.

Keeping pace with technology. In today’s digital world, tech savviness is nonnegotiable, so we should offer graduate students training in relevant technology and digital tools. That could include artificial intelligence workshops, data analysis software and project management tools. In the M.A.P.S. program, introducing data visualization tools has led to significant improvements in the creativity and quality of students’ assignments and capstone projects.

Sparking innovation. Encouraging students to explore entrepreneurship and intrapreneurship is another key component of professional development. Provide resources and training for students interested in entrepreneurship or intrapreneurship. This can include workshops on business plan development, start-up funding and innovation processes. Exposure to programs such as Innovate Carolina can spark creativity and lead to successful start-up ventures for our graduates.

Balancing life and work. Graduate students are juggling numerous demands, and helping them manage these effectively is crucial. Incorporating wellness and work-life balance into our professional development offerings helps students develop sustainable career practices. We’ve seen the benefits of mindfulness and stress management workshops, which equip students with skills that will serve them well beyond graduation.

Tips for Continuous Improvement and Success

Creating an impactful professional development program is an ongoing effort. Here are a few strategies that have worked well for us:

• Collaborate across departments. Partner with career services, alumni relations and various academic departments to build a comprehensive program.
• Leverage alumni networks. Engage alumni to provide insights, mentorship and job opportunities for current students.
• Stay current with industry trends. Regularly update your program to reflect the latest industry needs and trends.
• Gather and act on feedback. Continuously seek feedback from students, alumni and employers to refine and improve your offerings.
• Make it inclusive. Ensure that your program addresses the diverse needs of your student population, including international students and those from underrepresented groups.

Creating successful professional development programs for graduate students is both a challenge and an opportunity. It requires an ongoing commitment to integrated education, a willingness to innovate and a deep understanding of the diverse paths our students may take.

To ensure that our professional development efforts are most effective and to continue to improve them, we’ve established clear metrics for success. Key indicators include postgraduation employment rates, job satisfaction, student participation and feedback from employers.

One of my proudest moments was receiving an email from a former student who credited her professional development experiences with giving her the skills and confidence to successfully pivot her career from academia to industry. Such stories are a testament to the long-term benefits of our work.

In fact, as the M.A.P.S. program continues to evolve, I’m continually inspired by the creativity, resilience and success of our students and alumni. By providing students with robust professional development opportunities, we’re not just preparing them for their first job after graduation—we’re equipping them with the skills, mindset and networks to thrive throughout their careers.

I encourage all graduate program professionals to view professional development not as an add-on but as an integral part of graduate education. The investment we make in these programs and experiences pays off not only in the success of our students but also in the positive impact they will have in their chosen fields and society at large.

What innovative approaches to professional development have you implemented in your programs? How are you preparing your graduate students for the ever-changing workforce? Let’s keep this important conversation going and work together to create truly impactful professional development opportunities for our graduate students.

Laura Kuizin is director of the master of applied professional studies in the Graduate School at the University of North Carolina at Chapel Hill. She is a member of the Graduate Career Consortium, an organization providing an international voice for graduate-level career and professional development leaders.

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