Xie Law Offices, LLC

 

Immigration Options for Researchers

Researchers are more general than the title "scientists".  But the same or similar green card options are available to researchers or scientists.

There are many immigration options available to foreign researchers.  The specific option available to an individual researcher must depend on several factors associated with the researchers.  Generally speaking, US immigration law gives immigration priorities to these researchers who have made some achievements or contributions to their field of study or who have been offered a full time in the United States doing research in important areas.  

Generally a foreign researcher has the following four immigration options:


1. For these researchers who can provide evidence to prove that he/she belongs to the small percentage of researchers who have risen to the very top of his/her field, they can get green card through a person of "extraordinary ability" (in English) or "extraordinary ability" (in Chinese).  This category is called "EB1A".   

2. Many researchers, particularly postdoctoral researchers, apply for green card under the national interest waiver (NIW) category because it is relatively easy for a researcher to prove that their research is in the national interest.  Most medical researchers, materials researcher, energy researchers, chemists, biologists and so on, are working in the federal funded projects and are playing key role in the research, it is not disputable that their research activities are in the national interest.   NIW has become the most popular option for postdoc researchers.  Our office has successfully done hundreds of NIWs for postdoc researchers.  Click here for some sample NIW approvals.

3. Many researchers get green card through "Outstanding Researcher/Professor" IF they have outstanding achievements and have a permanent job offer.  This is the most safe way for a researcher to get the green card.  This category is called "EB1B".

The main difference between EB1B and EB1A is EB1A requires the applicant's extraordinary achievements in the field and EB1B requires "permanent job" offer.  

The main difference between EB1B and NIW is that EB1B requires "permanent job" offer.  This is the biggest barrier for a postdoc researcher to overcome.  
 
 Ask us what constitutes a "permanent job offer".

4. Some researcher do not have many scientific achievements or contributions in their fields or they do not want to take any of above options, and the employer is willing to sponsor the green card application through the normal labor certification process, we can start the PERM labor certification process with US Department of Labor for the researchers' green card case.  This category is called "PERM Labor Certification". Please click here to see what the PERM Labor Certification is.  

However, if you are hired as a researcher at an institution of higher education, but you also have teaching assignments in addition to your research assignments, you should contact us within 18 months of your hiring, you can qualify for "Special Handling", now Optional Special Recruitment Process under the new PERM labor certification process,  a fast track labor certification for teaching faculty that is filed online.

It takes relatively longer time, but sometimes it is the safe way to get green card for you and your family members.

We suggest you contact us as soon as you receive the job offer or email us your resume and a brief introduction of your current work and let us do the evaluation work for your green card options.
 


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