NIW/EB-1/Outstanding Researchers and Professors

Can I Get a Green Card with my L-1 Visa

A frequent question that arises in my processing of L-1 visa and permanent residency, green card, applications is whether L-1 applicants can obtain a Green Card.  The answer is yes, L-1 foreign nationals who are managers and executives under the L-1 program are eligible for the “priority workers” Employment Based Green Card category, also known… Read more »

NIW and EB-1 Citations: How Many Are Enough?

Scholars from non-science and technology fields can take a different approach. As we have consistently advised our clients, 150 citations seems to be a good rule of thumb for National Interest Waiver and EB-1 cases, but this is a norm from science and engineering (STEM) fields. What do we do about scholars/researchers in other fields… Read more »

Outstanding Professors/Researchers in the Humanities Face Unique Challenges

The USCIS citation-based approach for evaluating EB-1 Outstanding Professors/Researchers in scientific and technology fields puts humanities professionals at a huge disadvantage For all EB-1s, once the professor/researcher  has met the initial burden of proving two out of the required six criteria for the first Part of the claim of international recognition, the evidence must then… Read more »

EB-2 Green Cards Available Again (Except India and China)!

To Our EB-2 Advanced degree PERM/NIW clients Excellent news that we have all been waiting for!! EB-2 for all countries except India and China will be current for green card/immigrant visa processing starting on November 1, 2012. That means that all EB-2 self-petitioning NIW applicants who have already filed their NIW I-140 petition AND all… Read more »

NIW Qualification Requires Individual Contribution and Achievement

NIW (EB-2) qualification requires work  in an area deemed to be in the national interest AND individual contribution in that area. For researchers and academics who have not yet reached the status of being at the very top of their field, the National Interest Waiver (EB-2) category is usually their best option. But note that this… Read more »

EB-1 vs. NIW Green Cards: How Do I Choose?

For extraordinary ability you must prove you are at the very top of your field. Many researchers and academics who choose to self-petition for the green card based on their research accomplishments are often confused about which path to take between either the extraordinary ability (EB-1) category or national interest waiver (EB-2). Our rule of… Read more »

Continued Battle over Kazarian for the “Extraordinary” and the “Outstanding”

USCIS not buying arguments from the immigration bar On January 18, USCIS held an open meeting to discuss immigrant petitions based on extraordinary or outstanding achievements. The issue, of course, is the addition of the new USCIS “merits determination” based on the “totality of the circumstances” which USCIS claims is mandated by the 9th Circuit’s… Read more »

Immigrant Entrepreneurs: Policy Momentum = Good News

Continued push from USCIS Director may benefit immigrant entrepreneurs USCIS Director Alejandro Mayorkas continues to push for reform that would benefit immigrant entrepreneurs particularly through the immigrant investor visa (EB-5) program and the utilization of the National Interest Waiver (NIW) category for job creation. In a series of “conversations” with the public, Director Mayorkas has begun… Read more »

Outstanding Researcher Case – Multiple Citations Are Key

More guidance re: Kazarian final merits analysis for Outstanding Professors/Researchers In a recent decision, a university petitioning for an Assistant Professor of Clinical Biostatistics won an appeal from the initial denial of their Outstanding Researcher case. The opinion handed down on appeal gives some guidance as to how USCIS is approaching the final merits determination… Read more »

NIW Supporting Evidence: Citations are key

For a winning NIW petition, the number of citations in quality journals is more important than the number of publications. On November 21, 2011, the Administrative Appeals Office (AAO) of the Immigration Service sustained an appeal of a National Interest Waiver (NIW) case out of the Texas Service Center.  This case involved a postdoctoral research… Read more »