Researchers & Professors

IMMIGRATION OPTIONS FOR PROFESSORS, RESEARCHERS AND SCIENTISTS

There are five possible permanent residence strategies for professors and researchers and scientists, in addition to the normal PERM labor certification application process.

They are through the following provisions:

1. Priority worker provisions as an alien of extraordinary ability (EB1-1); INA § 203(b)(1)(A)
2. Priority worker petition as an Outstanding Professor and Researcher* (EB1-2); INS § 203(b)(1)(B).
3. Immigrant Visa petition filed using National Interest Waiver criteria; INA § 203(b)(2)(B).
4. Immigrant Visa petition filed under a blanket labor certification application (Schedule A, Group II); 20 CFR § 656.22
5. Special handling provisions for university teaching positions (which offers a limited exemption to the labor certification application process). 20 CFR § 656.21a.

Outstanding Professors and Researchers are recognized internationally for their outstanding academic achievements in a particular field. In addition, an outstanding professor or researcher must have at least three years experience in teaching or research in that academic area, and enter the U.S. in a tenured or tenure-track teaching or comparable research position at a university or other institution of higher education. If the employer is a private company rather that a university or educational institution, the department, division, or institute of the private employer must employ at least three persons full time in research activities and have achieved documented accomplishments in an academic field. The employer must file the petition for an outstanding professor or researcher, while the EB-1 worker of extraordinary ability may petition for himself or herself.

Evidence that the professor or researcher is recognized as outstanding in the academic field must include documentation of at least two of the following:

• Receipt of major prizes or awards for outstanding achievement;
• Membership in associations that require their members to demonstrate outstanding achievements;
• Published material in professional publications written by others about the alien's work in the academic field;
• Participation, either on a panel or individually, as a judge of the work of others in the same or allied academic field;
• Original scientific or scholarly research contributions in the field;
• Authorship of scholarly books or articles (in scholarly journals with international circulation) in the field.

Initial consulations are no charge. We will meet with you personally in our office or speak with you by telephone to discuss your needs and goals. During your consultation we will explain the applicable law and what to expect for your case and will provide you with fee information.   Payment plans are available for case work.