Can Phd holders from foreign country self petition their green card application?

[rick.lane58]

I am on H1b with a 2015 priority date and understand I have a long period of waiting ahead of me for green card,

My wife has a Phd from India and is currently working here as a postdoc on H4 EAD, I have been informed that Phd holders from foreign counties (outside USA)  are eligible and can file self petition for their green card under EB1, is it true?

 

Thanks in advance for your response!!

[JoeF]

Having a PhD doesn't automatically mean EB1.

EB1-EA (Extraordinary Ability) allows self-sponsorship, but that's for people at the top of their field.

Racetrack faculty can usually use category EB1-OR (Outstanding Researcher).

The third EB1 category is for multinational managers and executives.

Postdocs don't fit in these categories. The only other self-sponsorship would be EB2-NIW (National Interest Waiver.) The person would have to show that his or her work is in the national interest of the US.

I suggest that your wife talks with a good immigration lawyer.