Immigration for

Academic Researchers & Scientists

The United States is the leader in academic and scientific research.  Its universities attract the best and brightest students to its shores, and hopes that those students will stay once they have completed their studies.   As such, the United States offers researchers and scientists numerous ways of staying in the United States on a limited or permanent basis.

The correct immigration avenue for an academic researcher or scientist to take is best discussed with a knowledgeable immigration attorney.  Not only is the correct path determined  by an applicant’s career and life goals, but also by the process that is of least resistance.  If you would like to learn more about your immigration options as an academic researcher or scientists, please contact Gafner Law Firm to schedule an immigration consultation.  No matter where you currently live or work – be it in New York City, Los Alamos National Laboratory in New Mexico, or outside of the country – Gafner Law Firm is capable of helping you obtain your immigration desires.

The following is just a few of the possible immigration options that are available for academic researchers and scientists.  To get a prospective of all possible options open to you, consult with an immigration lawyer.

Possible Immigration Solutions:

Temporary Visas

H-1B Visa – Academic researchers and scientists may be eligible for an H-1B visa if certain criteria are met concerning the applicant’s qualifications and the position’s requirements.

O-1 Visa – Academic researchers and scientists who can demonstrate that they have “extraordinary ability” are eligible for the O-1 visa.  Demonstrating “extraordinary ability” requires documentation of an applicant’s career accomplishments to the immigration agency.

J-1 Waiver – Certain academic researchers and scientists may be required to obtain a J-1 waiver.  A waiver allows an applicant to seek an immigration status without being subject to the two-year home residency requirement often imposed upon J-1 applicants.

Permanent Residency

EB 1-1 – Academic researchers and scientists who can demonstrate that they have extraordinary abilities in their field of expertise will be able to obtain permanent residency as an EB 1-1 status holder.  Recipients of this category can self-petition – meaning they do not need an employer to sponsor them.

EB 1-2 – Academic researchers and scientists who can demonstrate that they are outstanding professors or researchers may qualify for permanent residency as an EB 1-2 status holder.

National Interest Waiver – Academic researchers and scientists who can demonstrate that their employment will  be in the United State’s “national interest” may be able to obtain permanent residency through the national interest waiver (NIW).  This classification can be self-petitioned – meaning an applicant need not be sponsored by an employer.