Outstanding professors and researchers are eligible for immigrant visas under the EB-1-2 classification and do not require PERM labor certification from the U.S. Department of Labor. This category requires an offer of employment from:
(A) a U.S. university or institution of higher learning, offering the beneficiary:
(1) a tenured or tenure-track teaching position;
(2) a permanent research position; or
(B) a private employer with documented accomplishments and at least three persons in full-time research positions, offering the beneficiary a permanent research position.
Required Evidence to Support the “Outstanding Researcher/Professor” Immigrant Visa Petition
The foreign worker must have at least three years of experience teaching and/or in research in the field and be recognized internationally as outstanding in the academic field specified. Supporting evidence must consist of at least two of the following:
- Receipt of major prizes or awards for outstanding achievement;
- Membership in associations in the field which require outstanding achievement of their members;
- Published material in professional publications written by others about the foreign worker's work in the academic field;
- Evidence of participation as a judge of the work of others in the field;
- Evidence of original scientific or scholarly research contributions to the field; or
- Evidence of authorship of scholarly books or articles in the field.
This petition is filed on Form I-140 with the USCIS. Frequently, foreign workers applying for EB-1 status are eligible to file their personal application for a green card (I-485) concurrently with the I-140.
To speak with an immigration attorney about EB-1 visas for “outstanding researchers/professors”contact Grossman Young & Hammond.