Outstanding Researchers

Bethesda EB Visa Lawyer

Extraordinary Ability Aliens ● Outstanding Researchers ● National Interest Waivers

EB visas can be used by three categories of people: those with extraordinary abilities, outstanding professors and researchers, and those who qualify for a national interest waiver. Our attorneys at the Law Offices of Howard T. Mei in Bethesda, Maryland, have represented numerous researchers and aliens with extraordinary capabilities seeking EB visas. Those clients include NIH researchers, post-doctoral researchers, Ph.D. candidates, artists, designers, and some world- renowned scholars. Attorney Mei has been successful in all of his EB Visa applications. This does not guarantee the success of your case, but shows our strength and experience in handling these types of cases.

Extraordinary Capability Aliens

The first group within the priority worker preference includes aliens of “extraordinary ability” in the science, arts, education, business, or athletics. §203(b)(1)(A) of the INA, 8 USC §1153(b)(1)(A). This ability must be demonstrated through sustained national or international acclaim, and the alien must include a record of achievements recognized through extensive documentation.

A specific job offer is not required for this category if the alien is entering the United States to continue work in the field in which he or she has extraordinary ability. §203(b)(1)(A)(ii) of the INA, 8 USC §1153(b)(1)(A)(ii). Therefore, the alien will be able to file his or her own petition without being sponsored by an employer. The alien needs to submit “clear and convincing” evidence that the alien will continue to work in his or her field.

Extraordinary ability is defined as a “level of expertise indicating that the individual is one of those few who have risen to the top of the field or endeavor.” 8 CFR §204.5(h)(2).

No labor certification is required.

Outstanding Professors and Researchers

The second group within employment-based preference includes outstanding professors and researchers. §203(b)(1)(B) of the INA, 8 USC §1153(b)(1)(B). The requirements are: (1) recognition internationally as outstanding in a specific academic field; (2) at least three years of teaching or research in the field; and (3) the offer of a tenured or tenured track teaching position or comparable position.

Because the alien must have an offer of employment in order to obtain permanent residence as an outstanding professor or researcher, the employer must file the preference petition with the United States Citizenship and Immigration Services (USCIS) on behalf of the alien.

No labor certification is required.

National Interest Waiver (EB2 Visa)

In the New York State Department of Transportation case, 22 I. & N., Dec 215, 1998 WL 483980, the Board of Immigration Appeals laid out three requirements that must be met to successfully file for a national interest waiver:

• The alien must establish that their proposed employment is in an area of substantial intrinsic merit.
• The alien must show that the proposed benefit will be national in scope.
• The petition must establish that the “significant” benefit derived from this particular alien’s participation in the “national interest” field of endeavor “considerably” outweighs the “inherent” national interest in protecting U.S. workers through the labor certification process.

Contact an EB visa lawyer at the Law Offices of Howard T. Mei today to learn more about these types of visas.