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PERMANENT RESIDENCY FOR RESEARCHERS WITH SPECIAL ABILITIES
If you are a researcher with an advanced degree, there are two
ways to apply under the employment-based category without a job
offer. There is also one category that requires an offer of permanent
full-time employment but is processed considerably faster than ordinary
labor certifications.
First Employment Preference
E-11 FOREIGN NATIONALS OF EXTRAORDINARY ABILITY
A petition that requests permission to adjust to permanent resident
status (which is the first stage in the employment-based permanent
residency process) may be filed if it can be shown that the foreign
national possesses extraordinary ability in the sciences, arts,
education, business, or athletics. This petition, known as the I-140,
can be filed by either the foreign national him or herself or by
an employer on behalf of the foreign national.
To qualify for this category you must be able to show that you
are among the very few people in the world who have reached the
top of their field. This extraordinary ability must be demonstrated
through sustained national or international acclaim, and through
achievements that are recognized in the field. This recognition
may came from independent experts, through internationally competitive
awards and other criteria such as an extensive publication and presentation
record. A researcher who applies under the extraordinary ability
category must be able to demonstrate that he or she has contributed
significantly to his or her field of specialization.
A specific job offer is not required for a foreign national in
this group as long as the foreign national is entering the U.S.
to continue work in the field in which he or she has extraordinary
ability.
In order to show that the foreign national is a person of extraordinary
ability, he or she must show that they received a one-time major,
internationally recognized award or show evidence of at least
three of following:
· Receipt of major prizes or awards for outstanding achievement
in the academic field;
· Membership in academic associations which require outstanding
achievements of their members;
· Published material in professional publications written
by others about the foreign national's academic work;
· Participation as a judge of the work of others in the
same or an allied academic field;
· Original scientific or scholarly research contributions
to the academic field;
· Authorship of scholarly books or articles in the academic
field;
· Display of foreign national's work at exhibitions, etc.;
· Performance in a leading or critical role for organizations
with distinguished reputation;
· High salary or other remuneration; and
· Commercial successes in the performing arts. top of page
First Employment Preference
E-12 OUTSTANDING PROFESSORS AND RESEARCHERS
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This category is for foreign national professors and researchers
who are considered by independent experts to be among the top 5
percent in their field. This category requires a full-time job offer
from a qualified U.S. employer, but it does not require the additional
process of a labor certification if it can be shown that the foreign
national is of outstanding ability and that the employer is in need
of such a level of ability.
The requirements that prove outstanding ability in this category
are slightly less rigorous than those needed to show extraordinary
ability. Aside from a full-time, permanent job offer from a research-based
employer the researcher, or a tenure track teaching position for
a university the researcher or professor must have at least three
years of outstanding research or teaching experience.
A private employer must employ at least three persons full-time
in research positions and have achieved documented accomplishments
in an academic field. The position must be considered permanent
meaning that there is no set termination date. They must also show
that they have the ability to pay the salary of the outstanding
professor or researcher.
The evidence that must be submitted with the I-140 petition must
clearly document that the professor or researcher is recognized
internationally as outstanding in his/her academic field. The evidence
must consist of at least two of the following:
· Evidence that the professor or researcher received major
prizes or awards for outstanding achievement in the field;
· Documentation of membership in association in the academic
field which require outstanding achievements of their
· members;
· Published material in professional publications written
by others about the foreign national's work in the field; (The
material must include the title, date, and author of the material,
and must be accompanied by an English translation if it is written
in foreign language.)
· Evidence of the professor or researcher's participation,
either individually or on a panel, as the judge of the work of
others in the same or an allied academic field;
· Evidence of the professor or researcher's original scientific
or scholarly research contributions to the academic field; or
· Evidence that the alien has written scholarly books or
articles in scholarly journals with international circulation
in his/her academic field.
Second Employment Preference
THE NATIONAL INTEREST WAIVER (NIW)
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Determining eligibility for a national interest waiver involves
weighing the national interest inherent in a labor certification
agaUSCISt the ability of a researcher to significantly improve the
health, welfare or economy of the entire country. If it can be shown
that the researcher's work will significantly benefit the national
interest, the job offer and labor certification can be waived and
the applicant can self-petition.
As such, a foreign national who applies under this category must
show that he or she will significantly improve the national interest
to a greater degree than a U.S. resident with the same qualifications.
Recently, the USCIS raised the bar on determining whether or not
a foreign national qualifies for a NIW.. Some are even speculating
that the category is dead. However, in the past year, we have successfully
obtained national interest waivers for researchers throughout all
four USCIS Service Centers. The reason we have been able to obtain
NIWs, when others have not, is because we carefully analyze, develop
and present the foreign national's work in a way that shows specific
benefits to the U.S. national interest. We work closely with our
clients to obtain evidence that explaUSCIS clearly why their work
is unique and is considedered exceptional. In fact, to us the higher
USCIS standards aren't new--they are what we have been using ever
since the national interest waiver was first introduced.
Our practice specializes in obtaining national interest waivers
for foreign scientists and researchers. We have also successfully
obtained waivers for economists, historians and engineers. In preparing
a national interest waiver, our team of legal and science experts
research our client's area of expertise and then show how his or
her work has made an impact. We then establish how this will have
immediate and practical benefits for the national interest. We work
with authorities in our client's field to develop expert testimony
on the significance of our client's contributions. We understand
the factors that the USCIS looks for in granting national interest
waivers and we also know how to identify these factors our clients'
work.
If you believe that your work is in the national interest and want
to apply for permanent residency you must be able to show that your
work will contribute substantially and immediately to the national
interest. For example, the work must either:
· Improve the U.S. economy;
· Improve wages and working conditions of U.S. workers;
· Improve educational and training programs for U.S. children
and under-qualified workers;
· Improve the U.S. environment and lead to a more productive
use of the national resources;
· Improve U.S. health care;
· Provide more affordable housing for young, aged or poor
U.S, residents.
In addition to showing the national interest of your work, you
should be able to show at least three of the following:
Official academic record showing that the foreign national has
a degree, diploma, certificate, or similar award from college,
university, school, or other USCIStitute of learning relating to
the area of exceptional ability;
1. Evidence in the form of letter(s) from current or former employers
showing that the alien has least ten years of full-time
experience in the occupation for which he/she is being sought;
2. A license to practice the profession or certification for a
particular profession or occupation;
3. Evidence that the alien has commanded a salary or other remuneration
for services which
demonstrates exceptional ability;
4. Evidence of membership in professional associations; or
5. Evidence of recognition for achievements and significant contributions
to the industry or field by peers, government
entities, or professional or business organizations.
Why Retain an Attorney?
Although the standards for eligibility in this category are high,
they may not be as difficult to satisfy as they might first appear.
My office has successfully processed a large number of researcher
petitions with the US Citizendhip and Immigration Services
(USCIS)
in different regional offices throughout the United States.
The advantage of using a law firm such as ours is that we provide
you with our extensive experience in preparing and processing these
petitions so that we will be able to submit the strongest possible
case for you.
We guide you from the outset with clear and comprehensive guidelines
as to what documentation is needed to support your petition. This
will include format letters, sample letters, checklists and our
continuous input until we have a complete application. We will then
provide a detailed, explicit and persuasive cover letter in support
of the petition that will educate USCIS as to the significance of
your work, organize for them the various evidence of your recognition
and persuade them of your eligibility. We will also index, tabulate
and organize your documents in a fashion to make it easier for USCIS
to review your case. Upon approval of the petition, we will then
process your application for final adjsutment of status to permanent
residency at the regional service center, or at a U.S. consulate
abroad.
There is no disadvantage in having an out-of-state attorney represent
you since petitions must be filed with the USCIS by mail--no matter
where you reside. In fact, since November 1996, all employment-based
petitions and adjustments must be submitted by mail to one of four
regional USCIS service centers that has jurisdiction over your place
of residence. In addition, there is no need for an attorney to make
a personal appearance as there are usually no interviews required
by the USCIS in these types of cases.
If you would like us to review your eligibility for any of these
categories, please fill out our Questionnaire
and email it to our office at dmk@ix.netcom.com.
Be sure to indicate several dates and times you would be available
for a telephone discussion with me regarding your case. We will
review your questionnaire and fax or e-mail an exact date and time
for a free telephone consultation.
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