Immigration for

Academic Researchers & Scientists

Three of the 2009 American Nobel laureates came to the United States as immigrants.  Like many others, these academic researchers and scientists came to the United States to enhance their careers and their life dreams.  The United States recognizes the importance of attracting the best and brightest academic researchers & scientists and it offers multiple avenues through which an academic researcher or scientist can gain entrance into the United States, obtain permanent residency and obtain U.S. citizenship.

The correct immigration avenue for an academic researcher or scientist is determined on a case-by-case basis that is influenced by the applicant’s career and life goals.  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 assisting you obtain your immigration desires.

The following is just a few of the possible immigration options that are available for academic researchers and scientists.

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.  Applicants may also be required to obtain a J-1 waiver.

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 need not have an offer of employment.

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.