Talk To A Chicago Immigration Attorney
312-332-2550
Researchers and Scientists
Chicago Immigration Attorneys for Scientists and Researchers
The Immigration and Nationality Act makes special provisions for permanent residency and work visa options for scientists and researchers in the United States. While the H-1B visa is generally available to such professionals, the low quota often proves to be a significant hindrance. Instead, scientists and professionals can consider other options, including the TN visa for Canadian and Mexican nationals and, in appropriate cases, the O-1 visa. The latter visa covers individuals of extraordinary ability who can demonstrate that they meet specific evidentiary criteria laid out in federal regulations and are the recipients of job offers in their field.
Scientists and researchers may also choose from multiple options for permanent residency. The EB-1 category, which has always been current in recent history and is therefore an attractive option for nationals of backlogged countries such as India and China, includes options for both “aliens of extraordinary ability” (EB-1-1/EB-1A) and “outstanding professors and researchers” (EB-1-2/EB-1B). Similar to its temporary visa counterpart, the O visa, the EB-1A visa requires a showing that the foreign national is of “extraordinary ability.” Unlike the O visa, the foreign national does not need a job offer and can apply for permanent residency on his or her own. The individual must be willing to work in his field of expertise as a permanent resident of the United States.
Outstanding professors or researchers require a full-time job offer of indefinite duration from a university or institution of higher education or, in selected cases, a private institution with an established research department. The job offer must involve either teaching or research, and the sponsored individual must have at least 3 years of relevant experience. USCIS tends to scrutinize such applications more carefully as numerous regulatory criteria must be met, and it is therefore important to consult with qualified immigration counsel before proceeding with such an application.
Finally, scientists and researchers may also be able to apply for a National Interest Waiver in the EB-2 category. Although subject to the backlogs of the EB-2 category, successful applicants do not require a job offer or a labor certification to obtain permanent residency. They must, however, demonstrate that their work is in the national interest and of intrinsic merit, that the benefits of their work are national in scope, and that requiring a labor certification would adversely affect the national interest, as laid out by Matter of New York State Dep’t of Transport (NYSDOT), 22 I&N Dec. 215 (BIA 1998).
These options are available to researchers working in fields ranging from medical and life sciences to geology/oil and gas, physics and nanotechnology, organic chemistry and pharmaceutical science, linguistics, the social sciences, finance, and other fields of benefit to the United States.
Meet The Attorneys
What Our Clients Say
5-Star Rating | Based on 200+ Satisfied Customer Google Reviews
We worked with Kevin Raica from Kriezelman Burton & Associates, LLC, and I can confidently say he went above and beyond for us. Our process was very long and at times overwhelming, but Kevin guided us every step of the way with professionalism, patience, and dedication. He was always available to answer our questions, explained everything clearly, and made sure we understood our options at each stage. What stood out…
A family friend referred me to work with Maya Flores at Kriezelman Burton & Associates, LLC to help me with my U.S. naturalization. Despite the current immigration tension, Maya helped make the process smooth and her familiarity with procedure helped ease my anxiety. She submitted the citizenship application on my behalf and let me know what to expect. I decided to retain her service for the civics interview as well,…
I really want to thank Justin and Kamila; they are the best. I waited almost 20 years and no one could help me get my green card and in 4 months they helped me get my permit, and I got my green card in less then 4 months. They are the best. I will always be grateful for what they did for me, thank you Justin and Kamila!!!!
I am writing this review to express my deepest gratitude for the hard work on our case by our Immigration Attorney, Lauren McClure and her Paralegal, Kamila Lada. My Green Card was approved! I know this wouldn't have been possible without their expertise and dedication. They both were extremely helpful, responsive, and guided us through every step of the way. Lauren took the time to train us for our interview…
I am incredibly grateful to Mr. Burton for his outstanding legal assistance in my immigration case, from my first consultation he heard me patiently demonstrating exceptional professionalism, expertise, and a genuine commitment to my case. Immigration process can be overwhelming and stressful, but he and his team provided clear guidance every step of the way, always answering my questions promptly and reassuring me with their deep expertise. Thanks to their…
I had an outstanding experience working with Brittni Rivera. From our very first consultation, she demonstrated deep expertise, professionalism, and genuine care for my case. Navigating immigration processes can be incredibly stressful, but Brittni made the entire journey much more manageable and transparent. She were always responsive to my questions, provided clear guidance at every step, and never made me feel like just another case. Thanks to her hard work…
Highly recommend this firm. I had the pleasure of working with Lauren McClure and she is absolutely the best. She was very helpful and walked me through every step of the process, she is patient and she got the job done. I am very grateful with her and her team for helping me with the process of my case. Thank you so much.
I have worked with Kevin Raica for my VAWA application. Let me tell you he has been AMAZING. Unlike other lawyers Kevin has always went above and beyond for me. Kevin is not in it for the money he is in it to HELP people and make a difference. He has walked me through the entire process and always answers any questions I have no matter what. This law firm…
The attorney is an excellent person and very professional. I am very grateful to the entire team—they are attentive to everything, and I consider her the best in all of the U.S. Thank you once again for everything.
Mr. Burton helped my mother with her case. He was always polite, clear, and always answered my questions in a professional and diligent manner. Our case ran smoothly, and we never ran into any issues. I also want to greatly thank the paralegal that also managed my case, Stephanie Nunez, she was always willing and very helpful with my mother, a genuinely good person. I will forever recommend Justin and…
Schedule A Consultation!
Libertyville
Attorney Advertising. This information is designed for general information only. The information presented should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. Past results and testimonials are not a guarantee, warranty, or prediction of the outcome of your case, and should not be construed as such. Past results cannot guarantee future performance. Any result in a single case is not meant to create an expectation of similar results in future matters because each case involves many different factors, therefore, results will differ on a case-by-case basis. By providing contact information, users acknowledge and give explicit consent to be contacted via the methods of communication provided, including SMS. Message and data rates may apply. Message frequency may vary. Reply STOP to opt out.
NUVEW | Copyright 2025 All Rights Reserved | Accessibility Notice | privacy policy