Immigration Options for Postdocs: Self-Petitioned Immigrant Categories
Explore immigration options for postdoctoral researchers through self-petitioned immigrant categories like EB-1 for individuals of extraordinary ability. Learn about the criteria, benefits, and application process for these visa categories to further your career in the U.S. as a highly skilled professional in fields like sciences, arts, education, business, or athletics.
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IMMIGRATION OPTIONS FOR POSTDOCS: A SURVEY OF IMMIGRANT AND NONIMMIGRANT VISA CATEGORIES SELF-PETITIONED IMMIGRANT CATEGORIES Lucy Avedissian June 20, 2018
Immigration Options for Postdocs Self-Petitioned Immigrant Categories EB-1: Individuals of Extraordinary Ability EB-2 NIW 1
EB-1 Individuals of Extraordinary Ability Available to individuals with extraordinary ability in sciences, arts, education, business or athletics, demonstrated by sustained national or international acclaim, Individual seeks entry to continue work in the area of extraordinary ability, and Entry will substantially benefit prospectively the U.S. 2
EB-1 Individuals of Extraordinary Ability, Contd 1) 2) A one-time achievement of a major internationally recognized award, or Documentation of any 3 of the following: Receipt of a lesser nationally or internationally recognized award Membership in associations requiring outstanding achievement Published materials about the person in professional or major publications Participation as a judge of the work of others Evidence of original contributions of major significance Authorship of scholarly articles in the field Work displayed in artistic exhibitions or showcases viii. Performance in a leading role for organizations of distinguished reputation ix. High remuneration compared to others in the field x. Commercial success in the performing arts Comparable evidence may be used i. ii. iii. iv. v. vi. vii. 3
EB-1 Individuals of Extraordinary Ability, Contd i. Receipt of a lesser nationally or internationally recognized award ii. Membership in associations requiring outstanding achievement iii. Published materials about the person in professional or major publications 4
EB-1 Individuals of Extraordinary Ability, Contd iv. Participation as the judge of the work of others v. Evidence of original contributions of major significance vi. Authorship of scholarly articles in the field 5
EB-1 Individuals of Extraordinary Ability, Contd vii. Display in artistic exhibitions or showcases viii. Performance in a leading role for organizations of distinguished reputation ix. High remuneration compared to others in the field x. Commercial success in performing arts 6
EB-1 Individuals of Extraordinary Ability, Contd Final Determination: Evidence is evaluated together to determine if applicant has sustained national or international acclaim, and Achievements have been recognized in the field of expertise, indicating applicant is one of that small percentage who have risen to the very top of the field 7
EB-2 Members of Professions Holding Advanced Degrees, or Individuals of Exceptional Ability Members of professions holding advanced degree or the equivalent, or Applicants who because of their exceptional ability in the sciences, arts or business will substantially benefit prospectively the the national economy, cultural or educational interests or welfare of the US, and Whose services are sought by a US employer 8
EB-2 Members of Professions Holding Advanced Degrees, or Individuals of Exceptional Ability Advanced Degree or Equivalent: Position requires an advanced degree and applicant has an advanced degree or its equivalent. Exceptional ability: A degree of expertise significantly above that ordinarily encountered in sciences, arts or business Applicant must have a job offer and labor certification. USCIS may waive the requirement of a labor certification and job offer if it is in the national interest of the US to do so (NIW) 9
EB-2 Members of Professions Holding Advanced Degrees, or Individuals of Exceptional Ability Exceptional Ability: A degree of expertise significantly above that ordinarily encountered. Requires any 3 of: i. Degree relating to area of exceptional ability ii. Letter from current/former employer showing minimum 10 yrs exp. iii. License to practice profession iv. Commanded salary demonstrating exceptional ability v. Membership in a professional organization vi. Recognition for achievements and significant contributions by peers, government entities or professional organizations 10
EB-2 Members of Professions Holding Advanced Degrees, or Individuals of Exceptional Ability National Interest Waiver Must first qualify as either an advanced degree professional, or an individual of exceptional ability. If advanced degree professional, issue of exceptional ability is moot and can proceed to NIW argument NIW Analysis: 1. Proposed endeavor has both substantial merit and national importance 2. Foreign national is well positioned to advance the proposed endeavor 3. On balance, it would be beneficial to the U.S. to waive requirement of job offer/labor certification Benefit of the unique skills s/he would provide outweighs the inherent national interest in protecting US workers through the labor cert process. 11
