San Diego Visas for Professors & Researchers Lawyer
EB-1 Visas for Outstanding Professors and Researchers
Successful applicants who have been granted EB-1 visas have demonstrated that they have extraordinary ability in the arts, sciences, education, business. If they are athletes, they are the subject of “sustained national or international acclaim” and their achievements have been recognized through extensive documentation.
Outstanding Professors and Researchers
Outstanding professors and researchers are ideal candidates and may easily qualify for EB-1 visas because the requirements for eligibility are slightly less stringent than for visas based on extraordinary ability. To qualify, an applicant must be an internationally recognized member of the academic field in which they work, and must have been teaching or researching in that specific subject area for at least 3 years. Extensive evidence that the professor/researcher is internationally recognized must be provided.
Further, applicants must be entering the U.S. explicitly to continue working in a tenure (or tenure track) teaching or research position with an institution of higher learning. Unlike persons of extraordinary ability, EB-1 applicants applying under the professor/researcher category must have a position secured prior to admission.
Multinational Executives and Managers
Multinational executives and managers are also likely candidates for EB-1 visas. EB-1 visas are available to individuals who have been employed abroad for one of the past three years by a firm or corporation that is active, conducting substantial business, and truly needs an executive or manager. The applicant must be employed in a managerial or executive capacity, and documentation must be submitted to prove that the employee’s position qualifies. If applying under the “manager” category, an applicant must show that he or she personally manages a component of the organization, and that in that capacity they is responsible for supervising the work of other professionals, hiring or firing personnel, and exercising discretion over company decisions and activity on a day-to-day basis.
EB-1A and the EB-1B
There two classes of EB-1 visas by which certain foreign-born outstanding professors and researchers may obtain permanent residence in the United States, the EB-1A and the EB-1B.
The EB-1A classification is for self-petitioned applicants who can demonstrate that they “have risen to the very top of their field of endeavor” and may apply for an EB-1A petition without a labor certification or a job offer. Thus, there is no requirement for an employer’s sponsorship, or for a perspective employer to complete the labor certification (PERM) process.
An EB-1B immigrant visa is also for applicants who are internationally recognized as outstanding in a particular scientific or scholarly field. Unlike self-petitioned EB-1A cases, EB-1B cases are employer sponsored. EB-1B applicants must have a petitioning employer offering a permanent job and who can demonstrate that the applicant has outstanding ability as a researcher or professor. The outstanding researcher/professor alien must have the sponsorship of their employer throughout the petitioning process. The employer is the petitioner and the outstanding researcher/professor is the beneficiary for the EB-1B process. In general, the employer must complete the PERM process.
If the employer is a private company rather than 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.
Evidence of receipt of an internationally recognized award such as the Nobel Prize or a Pulitzer Prize will be accepted for the purpose of establishing that the applicant is exceptional within his or her respective field. To be considered outstanding, a professor or researcher must be internationally recognized as outstanding in his or her academic area and must meet certain other requirements such as three years teaching or research experience in the field and arriving to take a tenure or tenure-track position or comparable research position at a university or other institution of higher education.
To determine if your abilities qualify you for an EB-1 visa based on your abilities as an outstanding professor or researcher, consult with the immigration attorneys of Superior Immigration Lawyers for a full personal analysis of your eligibility, and for help with the application process.
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