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Universities & Sciences
An important area of our practice focuses on highly-skilled people: medical and biological researchers, professors, engineers, artists, athletes, musicians, and others; who would have a difficult time because of the nature of their profession in succeeding at a labor certification. A person of extraordinary ability in the Sciences, Arts, Education, Business, or Athletics may be eligible to obtain an employment based immigrant visa (EB-11, EB-12 or EB-21 with a national interest waiver) without the need for a labor certification. The EB-11 category is one of the two categories for which an individual may self-petition as an immigrant. No offer of employment is required and no labor certification is required. These applications are particularly applicable to university and other scientific researchers.
An applicant for EB-11 status must demonstrate "sustained national or international acclaim" in his or her field of expertise. For this category, evidence may include proof of a one-time achievement, which would be a major internationally recognized award (e.g., Nobel Prize). If the applicant is not the recipient of such an award, then documentation of any three of the following is required:
- Receipt of lesser nationally or internationally recognized prizes or awards;
- Membership in associations in the field for which classification is sought which require outstanding achievement of their members as judged by recognized national or international experts;
- Published material about the person in professional or major trade publications or other major media;
- Participation as a judge of the work of others;
- Evidence of original scientific, scholastic, artistic, athletic, or business-related contributions of major significance;
- Authorship of scholarly articles in the field;
- Artistic exhibitions or showcases;
- Performance or cultural role organizations or establishments that have a distinguished reputation;
- High salary or remuneration in relation to others in the field or
- Commercial success in the performing arts.
Evidence demonstrating three of the ten categories may not be enough, standing alone. The INS often requests additional information regarding the individual's qualifications for this category, and also evaluates how strongly the evidence establishes each category. Therefore, extensive documentation of as many categories as possible is required. Evidence from neutral sources, such as leading experts in the field who haven't worked with the applicant, is invaluable.
Outstanding professors and researchers whose employers are ready, willing, and able to sponsor them, may qualify for the EB-12 category immigrant visa category without the need for a labor certification.
In order to qualify for this category, an individual must be recognized internationally as outstanding in a specific academic or scientific area. Additionally, the individual must have three years of experience in teaching or research in the particular academic area. Experience in teaching and research while working on advanced degrees may be used to meet this requirement, provided that the degree is acquired and that the individual had full responsibility for the class taught, or that the research was recognized as outstanding in the academic field.
For Outstanding Professors, the applicant must be in a tenured or in a tenure track teaching position. If the individual is applying as an Outstanding Researcher, he or she must be in a permanent research position at a university or institution of higher education. If the individual is to be conducting research with a private employer, that employer must employ at least three individuals in full-time research activities; and the department, division, or institution must have achieved documented accomplishments in that field of research.
