US Immigration paths for scientific researchers: Part 3
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US Immigration paths for scientific researchers: Part 3 By Marco Pignone
This is the third and final part of a series in MRS Bulletin on achieving a path to a green card in the United States as it relates to scientific researchers. Following articles will focus on more specific aspects of the immigration process and go into more depth using practical examples.
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o get a green card in the United States through a self-petition (not a petition by an employer), you will file a form called an I-140 petition in the EB-1 (extraordinary ability) and/or EB-2 (NIW or National Interest Waiver) categories. You will also file a green card application using Form I-485, which the US Citizenship and Immigration Services will consider only if it approves your I-140 petition. Let’s look at these two categories in the US Immigration laws under which you may decide to file an I-140 petition for your green card.
What is the difference between EB-1A and EB-2 (NIW)?
Short answer: They are both “green card”
categories. You can file an I-140 petition in either category or both. If you are not from China or India, you will almost always file in the NIW category only. Due to visa backlogs, if you are from China or India, you may sometimes file in the EB-1 category, the NIW category, or both. EB-1 and EB-2 are both “green card” categories, meaning that if your petition in either of these categories is approved, you can apply for a green card through the “adjustment of status” process in the United States or through consular processing in your home country abroad. However, it is much more difficult to win your case in the EB-1 category than in the EB-2 (NIW) category. The most important thing to understand is that unless you are from China or India, there is almost never a good reason to apply in the EB-1 category. Let me explain this further. There are limits to the number of green cards that can be issued for each country. This can cause backlogs for China and India, and the wait times have gone up and down over time for both the EB-1 and NIW categories. As the legal standard for approval
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in the EB-1 category is much higher, the wait time is usually much longer in the NIW category. The wait times are published every month in the “visa bulletin,” which can be found on the US Department of State’s website. If the visa bulletin indicates a “C” for your country, that means that a visa is “current,” and you are eligible to file your green card application (I-485) immediately if you have an approved EB-1 or EB-2 petition. You could file the I-485 “simultaneously” as well, but there are reasons why that is usually not the best option. Look for future articles with case studies illustrating this issue.
What qualifications do I need to file an EB-1A or EB-2 (NIW) self-petition?
While the minimum qualifications to file are quite low, it’s more important to understand what level of qualifications are required to win your case. Over time, the immigration officers who decide I-140 petitions may change their legal standards f
