Eb12 Green Cards
for Outstanding professors and researchers
If an applicant has been recognized as an outstanding professor or researcher, whose employer is willing and able to provide sponsorship, then an applicant may qualify as an applicant for the EB12 green card category. An applicant must demonstrate international recognition for outstanding achievements in a particular academic field, must have at least 3 years experience in teaching or research in that academic area, and must be entering the United States in order to pursue tenure or tenure track teaching or a comparable research position at a university, institution of higher education, or private employer.
An applicant must meet at least 2 of the 6 criteria listed below and provide an offer of employment from the prospective U.S. employer. The private employer must show documented accomplishments and that it employs at least 3 full-time researchers. No labor certification is required.
In order to demonstrate you are an outstanding professor or researcher, you must include evidence of 2 of the 6 listed criteria below (or comparable evidence if any of the criteria do not readily apply):
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Evidence of receipt of major prizes or awards for outstanding achievement
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Evidence of membership in associations that require their members to demonstrate outstanding achievement
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Evidence of published material in professional publications written by others about the noncitizen's work in the academic field
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Evidence of participation, either on a panel or individually, as a judge of the work of others in the same or allied academic field
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Evidence of original scientific or scholarly research contributions in the field
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Evidence of authorship of scholarly books or articles (in scholarly journals with international circulation) in the field.
Meeting the minimum requirement by providing at least two types of initial evidence does not, in itself, establish that the beneficiary in fact meets the requirements for classification as an outstanding professor or researcher.
Although a permanent labor certification is not required for the outstanding professor or researcher classification, the petitioner must provide an offer of employment as initial evidence in support of the petition. The offer of employment must be in the form of a letter from the prospective U.S. employer to the beneficiary and the offer must state that the employer is offering the beneficiary employment in a tenured or tenure-track teaching position or a permanent research position in the beneficiary’s academic field. In addition, the petitioner must demonstrate that it has the ability to pay the beneficiary’s salary.
The beneficiary of a petition for outstanding professor or researcher must be seeking to work for a university; an institution of higher education; or a department, division, or institute of a private employer if the department, division, or institute employs at least three persons full time in research activities and has achieved documented accomplishments in an academic field.
E-1 Visas for Treaty Traders
The E-1 nonimmigrant classification allows a national of a treaty country (a country with which the United States maintains a treaty of commerce and navigation, or which the United States maintains a qualifying international agreement, or which has been deemed a qualifying country by legislation) to be admitted to the United States solely to engage in international trade on his or her own behalf. Certain employees of such a person or of a qualifying organization may also be eligible for this classification.
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