The Green Card process for postdoc or graduate students in the U.S. can be complicated. There are several pathways to a green card that depend on qualifications, academic accomplishments, and career plans.
Here are 5 of the most common options for postdocs and graduate students to receiving a green card:
-
EB-1A: Alien of Extraordinary Ability
This category is for individuals who can demonstrate sustained national or international acclaim in their field and that their work will benefit the U.S. You do not need employer sponsorship for this category, making it attractive for highly accomplished researchers.
Criteria:
- Evidence of original scientific contributions of major significance in your field
- Published articles in reputable journals
- Proof of work being cited widely by other researchers
- Participation as a judge of others’ work (e.g., peer review)
- Significant awards or honor
Applicants must meet at least 3 out of 10 criteria and show that their work has substantial impact.
-
EB-1B: Outstanding Professor or Researcher
Postdocs and faculty members with significant accomplishments can qualify under this category, which requires employer sponsorship.
Criteria:
- At least 3 years of experience in teaching or research
- A permanent research or teaching position offer from a U.S. employer
- International recognition for contributions in the field
- Meeting at least 2 of the 6 listed criteria, including original contributions, authorship of scholarly books or articles, and participation in peer review or editorial boards
-
EB-2: National Interest Waiver (NIW)
The EB-2 NIW is a popular option for postdocs and graduate students because it
Does not require a job offer or labor certification. Instead, you must demonstrate that
your work is in the national interest of the U.S.
Criteria:
- The work must have substantial merit and national importance
- You must be well-positioned to advance the field
- Benefiting the U.S. outweighs the necessity of the labor certification process. Postdocs often apply in this category by showing how their research benefits the U.S. in areas like public health, technology, or other national priorities.
-
EB-2: Advanced Degree or Exceptional Ability
This category requires employer sponsorship, and the process includes obtaining a
Labor Certification (PERM). It is typically used by individuals with an advanced
degree (master’s or PhD) or those with “exceptional ability” in their field.
Requirements:
- A job offer and PERM labor certification
- Proof of an advanced degree or exceptional ability
- Evidence of at least 3 out of 6 listed criteria for exceptional ability, such as membership in professional organizations, recognition for achievements, and salary indicative of your abilities
-
EB-3: Skilled Workers, Professionals, and Other Workers
The EB-3 category is generally for those with at least a bachelor’s degree and requires
employer sponsorship. This pathway is less common for postdocs due to the lengthy
processing times and its emphasis on less distinguished roles.
Requirements:
- A job offer from a U.S. employer
- Labor certification (PERM) from the Department of Labor
- Proof of at least a bachelor’s degree
Important Considerations for Graduate Students and Postdocs
- Timing: Start planning your green card application well in advance, as some processes can take multiple years, especially when PERM is required.
- Research Contributions: Build a robust portfolio of published papers, conference presentations, and collaborative work to strengthen your application.
- Recommendations: Strong letters of recommendation from respected figures in your field are crucial, especially for categories like EB-1A and NIW.
- Work with an Immigration Attorney: The complexities and specific evidence requirements for these visa categories makes having professional immigration legal guidance an important part of getting a green card in the United States.
Each category has unique advantages and challenges, and eligibility often depends on your specific academic background, professional accomplishments, and research focus.
To watch the full podcast on our YouTube channel click here!
Contact Experienced Immigration Attorneys Today
The Immigration Law Office of Hadley Bajramovic is located at 5225 Canyon Crest Dr., Suite 450, Riverside, CA 92507. You may reach us at 951-588-9838 or visit our website www.immigrationhadley.com
