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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.
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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…
I would like to express my deepest gratitude to Mr. Justin Burton! He is an outstanding specialist in his field and an attorney who quite literally changed our family’s life. Mr. Burton demonstrated a highly professional approach and exceptional dedication to our case. He stands out for his extensive knowledge of immigration law and, beyond that, is a person of great integrity. I can wholeheartedly recommend Mr. Justin Burton and…
I would like to start this review with a big thank you for the immigration lawyer, Nicole Provax, who has done a successful and amazing work on my dad’s case! She was dedicated in walking us through the whole process, keeping excellent communication with us, and despite the little hurdles that came up along the way, she was able to get the case to continue progressing! I’m forever grateful of…
I had the pleasure of having Brittni Rivera as our attorney working on our immigration green card process for my Husband and I .... from beginning to the end.. the best most professional guidance you could ask for. I highly recommend her ... and Donald Rogers too.. thanks again for all your help.
We had the pleasure of having Justin Burton on my parents case. From the moment we reached out, his staff was incredibly welcoming and took the time to really listen to our concerns. We never felt rushed or like just another case, Justin made sure we understood every step of the process and answered all our questions with patience and clarity. What really impressed us was how Justin and staff…
If your case is complicated and you have suffered enough time to get your positive result, Justin Burton is the man. My case was very complicated and I had lost all hopes but Justin got me approved. Me and my family are very thankful to Justin and his staff.
Justin Burton is the best for your legal issues.
Brittni Rivera, es una excelente abogada profesional y muy eficiente en su trabajo. En lo personal ha sido una gran ayuda y gracias a ella obtuvimos nuestra Residencia, y en lo que ocupes no dudes en contactarla. Es lo máximo 🙂. Gracias Abogada🙏
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