Outstanding Researchers and National Interest Waiver

Immigration Attorneys Helping Foreign Nationals Come to the Boston Area

Professional foreign nationals often seek to obtain legal status in the United States under various educational or employment-based provisions of the Immigration and Nationality Act (INA). Professionals with advanced degrees and individuals with exceptional abilities can avail themselves to specific immigrant visa options to enter the United States. The business immigration lawyers at Maiona Ward have helped many foreign nationals come to Boston or other regions of the U.S. We understand the nuances of immigration law and can help you explore your options.

Pursuing an EB-1 or EB-2 Status

One of the specific groups of professionals who can obtain lawful permanent residency in the United States under the EB-1 visa is a category is designed for outstanding researchers. This status The EB-1 process may be attractive to some foreign national professionals because there is no PERM/labor certification requirement and therefore no long processing delay at the US Department of Labor. The absence of the PERM/labor certification requirement significantly reduces the amount of processing time needed to obtain legal lawful permanent residency (green card) status in the U.S. Some of the requirements for outstanding professors and researchers seeking an EB-1 visa green card are that they must be internationally recognized for their achievements in a particular academic field. An applicant must also have at least three years of experience in teaching or research in that academic area. Finally the purpose of entering the U.S. must be to pursue tenure or tenure-track teaching or a comparable research position at an academic institution, such as a university.

Foreign nationals in the EB-1 category are required to have a job offer, which must contain the basic terms of employment, a description of the position, and the salary to be paid to the applicant. The offer should make clear that the individual can expect permanent employment. Private employers are subject to more stringent requirements, such as showing that the employer already employs three full-time researchers and that the research conducted has resulted in recognized accomplishments.

The EB-2 visa is a category is known as the National Interest Waiver (NIW), which requires at least a Master’s degree or an exceptional ability in the sciences, arts, or business. This type of visa The NIW generally requires does not require a job offer, and an additional benefit is that the PERM/labor certification requirement is waived by the United States Department of Labor (DOL) because it the foreign national’s employment is deemed to be in the interest of the United States. To qualify for an EB-2 visa, the sponsoring employer foreign national must file a Form I-140, Petition for Alien Worker with a significant amount of supporting documentation relating to his or her educational and professional background. In some cases, however, an individual seeking a NIW may be able to self-petition, meaning that he or she would not need an employer as a sponsor.

A spouse or children under the age of 21 can enter the United States under the E-21 and E-22 statute as dependents of the EB-1 or EB-2 visa holder. While the EB-2 holder and his or her family are waiting to secure lawful permanent resident status and a green card, the dependent spouse can seek employment authorization by filing an Employment Authorization Document (EAD).

Contact a Boston Lawyer for Guidance on Pursuing a Visa

At the Boston law firm of Maiona Ward, our immigration attorneys can help foreign nationals seek family visas as well as employment-based visas and other forms of status in the U.S. Many of our clients live in Cambridge, Waltham, and Worcester, among other Massachusetts communities. We are part of a large network of firms serving people across the world, and we encourage all our clients to voice their concerns and ask any questions as they come up. To learn more, call us at 617-695-2220 or contact us online.

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