Outstanding Professor or Researcher
EB-1 and NIW
Outstanding Professors and Researchers can qualify for First Employment Based Preference (hereinafter EB-1) if their Employer sponsors them and they hold a tenure track or permanent position. If the employer does not sponsor them, then they can qualify under EB-1 if they have “Extraordinary Ability” or under Second Employment Based Preference (EB-2) for National Interest Waivers. The difference between Extraordinary Ability and National Interest Waivers is one of degree, ie the requirement is far higher for Extraordinary Ability. The higher the preference, the more visa numbers are available, and the shorter the time to get the Permanent Residency. Labor Certification is not required for any of these categories, and one jumps straight to the I-140 stage. (See generally Green Card-Employment in this web site)
Extraordinary Ability aliens must have at least 3 (more preferred) of these things, while Extraordinary Aliens should have at least 2 (more preferred):
- Nationally or Internationally recognized prizes
- Be members in association which requires outstanding achievements
- Published material in major journals-list all publications
- Citation of your work by others, or any other publication about the alien
- Participate in a panel or judge the qualifications of others-participation in peer review
- Evidence of original scientific or artistic contributions-For example Patents and copyrights
- Evidence of a High Salary
National Interest Waivers must have a Master’s Degree or higher and must meet ALL THREE OF these qualifications:
- Work must be of SUBSTANTIAL INTRINSIC MERIT-ie not an esoteric field of law.
- The scope of the work is NATIONAL and not merely local. For eg. Published in National Journals not local
- The work benefits the national interest to a “substantially greater degree than would an available U.S. worker having the same minimum qualifications.”, ie it SIGNIFICANTLY EXCEEDS THE NORM. It must establish that there is no need to protect normal US workers through a labor certification process.
Reference letters from professors and other researchers in the field is very useful for all of these categories. Here is a sample of a reference letter:
SAMPLE
Please modify this according to your situation
Note: substitute your name for applicant; first person implies the writer of the reference
Date
Citizenship and Immigration Service
Re: Applicant
It is a great pleasure to recommend applicant for the extraordinary ability category for U.S. Immigration. She will be an asset to America.
I first became acquainted with applicant in date (does not have to be exact) at place. She (worked in the same lab, met at conference, professor, e.t.c.). I am very impressed with her work. Her work has helped the scientific community (explain how). Her work has the potential to (open new paths to research? Apply to an important area of research in our field. How it has helped me.)
I have followed applicant’s career with great interest. She has worked with some of the leading scientists in the field. She has worked on (explain). These discoveries are important because (explain).
Applicant’s current project involves (explain)which is a key component in the development of (explain)
Applicant’s reputation continues to grow. Her exceptional abilities and outstanding work continue to impress those who come in contact with her. She has written several articles and has published in journals of international circulation, and her articles are cited by others in the field. She has presented papers and discussions at several international conferences and they have been enthusiastically received. I have no doubt that she will be an asset to the scientific community in the U.S.
My qualifications for judging applicant’s research are as follows. Provide all qualifications of the referee.
If I can provide you with any further information, please feel free to contact me.
Sincerely,
Name
Position
If possible include a CV of the referee.
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