Pursuing residence in the United States as a foreign national can be a lengthy and complicated legal process. However, if you are an outstanding professor or researcher in a particular field, you may qualify for entry into the United States under an EB-1B visa. EB-1B visas provide holders with significant benefits compared to other employment-based visas.
Proving EB-1B eligibility can be a complex process without legal guidance. If you believe that you may qualify, enlisting the help of a local immigration attorney could help keep delays or mistakes in your visa application to a minimum. Contact a Boston EB-1B visa lawyer to discover whether your abilities meet the criteria and, if so, how to apply.
“There are few cities in the United States more amenable to EB-1B researchers and educators than Boston, the ‘Athens of America.’” ~ Jamie Gorton, managing attorney.
Boston EB-1B visas are available to people of international academic distinction who seek positions as tenured professors, tenure-track teachers, or researchers for U.S institutions of higher learning/private companies engaged in academic research. To be eligible for this visa, an applicant must have at least three years of documentable experience in teaching or research.
Teaching or research experience while obtaining a graduate degree may not qualify unless the degree has been awarded. Additionally, the prospective recipient must have had full responsibility for a class, or the academic community must have recognized the research as outstanding. Lastly, foreign nationals must demonstrate singularity in their field by proving at least two of the following indicators of exceptional scholarly achievement:
In some fields, especially newer areas of research or scholarship, established scholarly journals and academic associations might not exist. In such cases, applicants are permitted to submit other forms of evidence. Consult with a Boston immigration attorney for help identifying and compiling equivalent indicators of exceptional scholarship for an EB-1B visa.
“We advise applicants to prioritize focusing on how to define and describe the field of study, and to help USCIS understand the size and shape of the field as it stands. Immigration lawyers have a saying: ‘All EB-1Bs walk on water, but USCIS will assume you’re walking on a puddle until you prove you’re walking on the ocean.’” ~Jamie Gorton, managing attorney.
Someone seeking an EB-1B visa must have a valid employment offer and have their prospective employer make the visa application by submitting a Form I-140. Although the prospective employer must apply for the EB-1B visa on behalf of the foreign national, no labor certification is required. Obtaining a labor certification can delay an application, so it is advantageous to seek an EB-1B if the prospective recipient meets the qualifications.
If the employer is an institute of higher learning and the job is a teaching position, adjunct professorships or temporary positions will not qualify for an EB1-B visa. The position must be tenured or tenure track in the prospective immigrant’s academic field.
If the employer is a university or other academic institution and the position is as a researcher, the employer must offer a permanent position in the prospective immigrant’s field of academic study.
If the employer is a private company and the immigrating person is to be a researcher, the employer must submit evidence that they will additionally employ at least three other people in permanent positions. The employer must also submit proof of the company’s research accomplishments. If someone has further questions about if they meet the requirements for an EB-1B visa, they should enlist the guidance of a Boston attorney.
The EB-1B visa entitles holders, their spouses, and their children under 21 years of age to permanent residency for ten years. During this time, the green card holders could apply for U.S. citizenship. A Boston attorney could further explain to an EB-1B visa holder the process and requirements for obtaining citizenship.
If the prospective immigrant is already in the United States when their employer files the visa application, they may submit a Form I-485 requesting an adjustment of status once they receive their EB-1B. This “concurrent filing” significantly shortens the processing time.
Prospective immigrants who are outside the United States when the application for an EB-1B visa is approved may obtain their green card through a U.S. embassy or consulate in their home country. If this is the case, they must have an in-person interview and present a medical exam. However, EB-1B applicants may wish to explore strategies that would allow them to live and work in the United States on a temporary basis while the employer sponsors the EB-1B process, and a consultation with an adept immigration attorney can provide more insight.
If you are renowned in your academic field and have a qualifying job offer from an institute of higher learning or research in the Boston area, you may be eligible for an EB-1B visa. Knowing what to do to secure legal residence in the United States can be complicated, but a knowledgeable attorney can help.
Do not allow inadequate supporting documents or other avoidable errors to delay your new career. Contact a Boston EB-1B visa lawyer today to get started.
