Best Visa Options for US Ph.D. Holders and Students

Employment-Based Visa for Ph.D. Holders and Students

The EB-1A Immigrant Visa and Green Card

• For individuals with extraordinary ability in the arts, athletics, business, education or sciences

• Extraordinary ability must be demonstrated by national or international recognition over time

• A key requirement is to move to the USA in order to continue working in your field of expertise

• Employment offer and labor certification are not required for EB-1A applicants
• EB-1A applicants can apply on their own by filing the Petition for Alien Worker (Form I-140) with USCIS

Examples of recognition could include:

• Receiving national or international awards or prizes for excellence
• Publishing scholarly articles in major trade or professional publications
• Being a member of an organization in your field that requires outstanding achievements
• Making significant contributions in the arts, athletics, business, education or sciences
• Playing a critical or leading role in top organizations of distinction
• Publications about you in key trade or professional publications or other top media
• Proof that you have been successful commercially in the performing arts
• Documenting that you were asked to judge the work of other people, either on a panel or individually
• Showing evidence that your work was put on display at artistic showcases or exhibitions
• Other approved evidence of extraordinary ability

The EB-1B Immigrant Visa and Green Card

• For top-rated researchers and professors with outstanding accomplishments in an academic field

• Outstanding accomplishments in a certain academic field must receive international recognition

• At least 3 years of experience in research or teaching in a specific academic discipline is required

• A key requirement is to move to the USA to seek a tenure track research or teaching position 

• The EB-1B does require an offer of employment, but it does not require a labor certification

• The sponsoring employer in the U.S. must file the Petition for Alien Worker (Form I-140) with USCIS

• Employers for the EB-1B include institutions of higher education (e.g., universities) and private employers

• Private employers must provide evidence that they employ a minimum or 3 researchers full-time

Examples of evidence that an individual is an outstanding researcher or professor include:

• Receiving major awards or prizes for outstanding accomplishment

• Proof of original contributions to scholarly or scientific research in a certain field

• Membership in organizations that require outstanding achievements from members

• Writing scholarly articles or books published in scholarly journals in the field with worldwide circulation

• Participating on a panel or individually to judge the work of other people in the same or related field
• Material written by other people in professional publications about the applicant’s work in the field

The EB-1C Immigrant Visa and Green Card

• For particular multinational executives or managers
• The applicant needs to have been employed 1 year outside the U.S. in the 3 years prior to applying
• The EB-1C requires an offer of employment from a U.S. employer, but does not require labor certification
• The petitioning employer must have been conducting business as a legal entity in the U.S. for a minimum of 1 year
• The petitioning employer must have a qualifying relationship to the employer the applicant worked for outside the U.S.
• The petitioning employer must intend to employ the applicant in an executive or managerial capacity
• The sponsoring employer in the U.S. must file the Petition for Alien Worker (Form I-140) with USCIS
•  

People who receive the U.S. EB-1 Visa and Permanent Resident Green Card can receive many benefits such as:

• Living in the USA in any of the 50 states for an unlimited period of time
• Working in the U.S. legally for an unlimited amount of time
• Traveling to and from the United States according to the regulations
• Sponsoring eligible family members for a U.S. Green Card
• Traveling to and from any of the 50 U.S. states
• Having the opportunity to buy a home and start a business in the USA
• Receiving Social Security benefits once the eligibility criteria are met
• Possessing equality and freedoms that are protected by law
• Getting a driving license in the state of residence
• Enjoying beautiful scenery and endless activities in the U.S.
• Applying for U.S. citizenship after living in the USA 5 years and meeting other criteria

H-1B Work Visa

• The H-1B is a temporary work visa for individuals with specialty occupations or for fashion models
• This ‘dual-intent’ U.S. visa is valid for up to 3 years and can be renewed for up to 3 more years
• Toward the end of the 6 years, there may be an option to apply for an Employment-Based Green Card
• The applicant must have theoretical and practical application of knowledge that is highly specialized
• The applicant must have at least a Bachelor’s Degree or the equivalent in the highly-specialized field
• Some specialized occupations require the applicant to get a license in the state where he or she will work
• An offer of employment in the specialized occupation from a U.S. employer is required 
• A foreign fashion model needs to be a fashion model of distinguished ability and merit
• The U.S. employer needs to apply for a labor certification from the federal Department of Labor
• The U.S. employer must also file the Petition for Nonimmigrant Worker (Form I-129) with USCIS
• Family members can apply for the H-4 nonimmigrant visa to live in the USA with the foreign worker

O-1 Work Visa

• The O-1 is a temporary work visa for people with extraordinary achievement or ability 
• The O-1A Work Visa is for those with extraordinary ability in athletics, business, education or science
• The O-1B Work Visa is for those with extraordinary achievement in the film & television industry or extraordinary achievement in the arts
• Extraordinary ability needs to be recognized nationally or internationally over time
• The applicant must desire to move to the USA for a limited time period to continue working in the field
• The employer must file the Petition for Nonimmigrant Worker (Form I-129) with USCIS
• The O-1 Work Visa is initially valid for up to 3 years and has an option to be renewed for up to one year each time
• Accompanying family members can apply for the O-3 nonimmigrant visa to live in the USA with the foreign worker.