1. What is the Process for Obtaining a Green Card for Outstanding Researchers and Professors?
The process for obtaining a green card for outstanding researchers and professors is through the EB-1A visa (also known as the First Preference Employment Based visa). This visa is for aliens of extraordinary ability in the sciences, arts, education, business, or athletics. To qualify for this visa, an individual must demonstrate extraordinary ability by sustained national or international acclaim and must be coming to the United States to continue work in their area of extraordinary ability. An individual can either self-petition for this visa or the employer can petition on their behalf. The individual must also demonstrate that their admission to the US would substantially benefit the US.
To begin the process, an individual will need to file Form I-140, Immigrant Petition for Alien Worker with USCIS (U.S. Citizenship and Immigration Services). The form requires providing documentation that demonstrates that the applicant has extraordinary ability in their field. This documentation can include evidence of awards they have received, publications they have authored, and letters from experts in their field attesting to their excellence.
After filing Form I-140, and if approved, an individual will next need to file Form I-485, Application to Register Permanent Residence or Adjust Status. This form requires providing additional evidence of the applicant’s qualifications such as education certificates, employment records, etc. It also requires providing proof of financial stability so that the individual will not be relying on public assistance when they come to the US.
Once both forms are filed and approved, the individual will be granted a green card and be allowed to live and work in the US indefinitely.
2. How Long Does It Take to Obtain a Green Card for Outstanding Researchers and Professors?
In most cases, the process of obtaining a green card for outstanding researchers and professors can take up to several months or even years. To become a permanent resident through the EB1-Outstanding Researcher or Professor category, a researcher or professor must first have the job offer of a permanent research position in the US from an employer. This employer must then file an I-140 petition on behalf of the researcher or professor with the United States Citizenship and Immigration Services (USCIS). USCIS will then review the petition to determine if the applicant meets all criteria for the EB1-Outstanding Researcher or Professor category. If approved, the applicant can then apply for adjustment of status with Form I-485 and, if approved, receive their green card. The entire process can take several months or even years depending on the backlogs at USCIS.
3. What Qualifications Must Be Met to Receive a Green Card for Outstanding Researchers and Professors?
To receive a green card for outstanding researchers and professors, a person must meet the following requirements:
1. Have at least three years of experience in teaching or research in their field
2. Have an internationally recognized record of outstanding achievement in their field
3. Be able to demonstrate that they have at least two years of post-doctoral research or teaching experience
4. Have an offer of permanent employment from a U.S. employer in the field of research or teaching
5. Present evidence that they are recognized as an outstanding researcher or professor by peers, government evaluators, or other experts
4. Are There Any Requirements for Maintaining a Green Card for Outstanding Researchers and Professors?
Yes, there are certain criteria that must be met in order to maintain a Green Card for Outstanding Researchers and Professors. The criteria include continuous employment or activity in research or teaching for a period of at least 3 years, and evidence of international recognition for the applicant’s extraordinary ability in the field of research or teaching. Applicants must also demonstrate a commitment to coming to the United States to continue their research or teaching, and must have at least three years of post-doctoral or equivalent experience. Finally, applicants must show that they have achieved a level of excellence in their field that is recognized internationally.
5. What Are the Benefits of Having a Green Card for Outstanding Researchers and Professors?
A green card for outstanding researchers and professors provides numerous benefits, including:
1. Permanent resident status, which allows them to remain in the United States indefinitely.
2. The ability to live and work in the United States without the need for a visa.
3. Eligibility to apply for U.S. citizenship after five years.
4. Reunification of families, as dependent family members of the cardholder may also be eligible for permanent residency.
5. Access to U.S. employment and educational opportunities, including postdoctoral studies, permanent teaching positions, and research fellowships and grants.
6. Is Continuous Residency Required to Maintain a Green Card for Outstanding Researchers and Professors?
No, continuous residence is not required for permanent residents with an Outstanding Researcher or Professor green card. Such immigrants are only required to maintain their principal residence in the United States and have a substantial presence in the United States. As long as they meet these requirements, they are considered legally present in the United States.
7. Are There Any Special Requirements to Get a Green Card as an Outstanding Researcher or Professor?
Yes, to qualify for a green card as an outstanding researcher or professor, the applicant must meet the criteria outlined in the Immigration and Nationality Act for aliens of extraordinary ability. This includes demonstrating sustained national or international acclaim that is significantly above others in the field and providing evidence of a degree of expertise in the field that is significantly above others. The applicant must also provide evidence of at least three years of research experience and at least 10 years of teaching or research experience in the field.
8. Is It Possible to Get Grants or Fellowships While on a Green Card for Outstanding Researchers or Professors?
Yes, it is possible to get grants or fellowships while on a green card for outstanding researchers or professors. Grants and fellowships for international students and researchers are available from universities, research centers, and other organizations. These grants and fellowships could help cover tuition costs, living expenses, and research materials. Additionally, some employers may offer scholarship programs for international students and researchers who are on green cards.
9. Can My Spouse and Family Join Me If I Have a Green Card for Outstanding Researchers or Professors?
Yes, your spouse and unmarried children under 21 years old may join you in the U.S. on a derivative green card. Upon arriving in the U.S., your family members can apply for their own green cards.
10. What Are the Different Requirements to Change from a Student Visa to a Green Card for Outstanding Researchers or Professors?
In order to change from a student visa to a green card for outstanding researchers or professors, the individual must:
1. Have an advanced degree, such as a Masters degree or higher, in their field of research or teaching, as well as exceptional ability in their field.
2. Have at least three years of experience in teaching or research in their field.
3. Demonstrate that they have been recognized internationally for their outstanding achievements in their field.
4. Have an employment offer from a university or institution in the US.
5. The employer must file a petition on behalf of the individual with the US Citizenship and Immigration Service (USCIS).
6. The individual must be able to show that they are able to continue working in their field in the US and are not likely to become a public charge in the US.
7. The individual may need to pass a medical examination and provide evidence of sufficient finances to support themselves while in the US.
11. Are There Special Visa Programs or Categories Available for Outstanding Researchers and Professors on a Green Card?
Yes, there are special visa programs or categories available for outstanding researchers and professors on a green card. USCIS provides a special category of green card known as the National Interest Waiver (NIW) for those with extraordinary ability in the sciences, arts, education, business, or athletics. This type of green card allows you to obtain permanent residence without requiring a job offer or labor certification. Additionally, USCIS also offers the Outstanding Researcher and Professor visa category. This visa category allows you to obtain permanent residence if you are an outstanding professor or researcher in a field of specialized knowledge and have at least three years of experience in teaching or research in that field.
12. How Do I Renew My Green Card as an Outstanding Researcher or Professor?
To renew your green card as an Outstanding Researcher or Professor, you must submit Form I-485, Application to Register Permanent Residence or Adjust Status. You must also include the following supporting documents:
1. Form I-485 Supplement J, Confirmation of Bona Fide Job Offer or Request for Job Portability Under INA Section 204(j).
2. Documentation of your career in teaching and research, such as copies of diplomas, transcripts, awards, publications, and research grants.
3. Letters of reference from employers or professors who can attest to your qualifications as an Outstanding Researcher or Professor.
4. Evidence of any job offers you have received in the United States or abroad.
5. A copy of your current Green Card.
6. Two passport-style photos taken within the last 30 days.
7. Filing fee payment as outlined in the instructions for Form I-485.
13. Is There a Difference Between Permanent Residence and Permanent Citizenship for Outstanding Researchers and Professors with Green Cards?
Yes, there is a difference between permanent residence and permanent citizenship for outstanding researchers and professors with green cards. Permanent residence (also known as a green card) grants individuals the right to live and work in the United States for an indefinite period of time; however, they are not considered citizens or nationals of the United States and do not have the same rights as citizens. Permanent citizenship requires applicants to have a green card for five years or more and to meet additional eligibility requirements. Outstanding researchers and professors who are granted permanent citizenship are given additional privileges such as the ability to obtain a U.S. passport, petition to bring family members into the country, access certain public benefits, and become eligible to vote in local elections.
14. Are Training Programs Available for Foreign Nationals on a Green Card for an Outstanding Researcher or Professor?
Yes. The US Citizenship and Immigration Services (USCIS) offers the Outstanding Researcher or Professor program, which allows qualified foreign nationals to receive permanent residence in the United States and work in a research or teaching capacity. This program includes training programs that are designed to support foreign nationals who have achieved outstanding international recognition in their field and have been invited to pursue research or teaching opportunities in the United States.
15. Are There Restrictions on Where I Can Work While on a Green Card as an Outstanding Researcher or Professor?
Yes, many restrictions apply. Generally, the foreign national must remain in a full-time faculty or research position in the same academic field and at the same institution as when they initially obtained their green card based on an offer of employment. The foreign national cannot accept self-employment, part-time positions, or any other employment outside of the academic field or outside of the university. Additionally, if the green card holder changes employment in any way, he or she must obtain prior approval from the U.S. Citizenship and Immigration Services before doing so.
16. Do I Need to Maintain Employment with My Current Institution to Keep My Green Card as an Outstanding Researcher or Professor?
No. Employment with a current institution is not a requirement to maintain a green card. However, it is recommended to keep your immigration documents up to date and notify the USCIS of any changes in employment or address.
17. How Do I Apply for Citizenship Once I Obtain My Green Card as an Outstanding Researcher or Professor?
Once you have obtained your green card as an outstanding researcher or professor, you may apply for citizenship by submitting Form N-400, Application for Naturalization. You must be a permanent resident for at least five years before becoming eligible to apply for citizenship. Additionally, you will need to provide evidence of your residence and physical presence in the United States during the five years, as well as documentation of good moral character. You must also pass a civics and English language test, attend an interview with United States Citizenship and Immigration Services (USCIS), and take an oath of allegiance.
18. Is It Possible to Move from One Institution to Another With My Green Card as an Outstanding Researcher or Professor?
Yes, it is possible to move from one institution to another with a green card as an outstanding researcher or professor. The process for doing so is outlined in USCIS’s policy manual. First, the applicant must submit Form I-140, Immigrant Petition for Alien Worker, to USCIS along with relevant supporting documentation. The applicant must prove their eligibility as an outstanding researcher or professor and must demonstrate that the new job offer is in a similar field of research or instruction. Once approved, the applicant can then move to their new institution and apply for a Green Card with Form I-485.
19. Are There Special Requirements When Traveling Outside of the US While on a Green Card as an Outstanding Researcher or Professor?
Yes. The visa category is called the Extraordinary Ability-EB-1B visa. You must provide evidence of your extraordinary ability in the sciences, arts, education, business, or athletics through sustained national or international acclaim, such as the receipt of major prizes or awards for excellence in your field. You must also demonstrate that you have achieved a level of expertise significantly above that ordinarily encountered in the sciences, arts, education, business, or athletics. Additionally, you must demonstrate that you have been recognized for your achievements and contributions to your field by peers, organizations, government agencies, or other recognized experts. Finally, you must show that you plan to continue working in a capacity that is related to your expertise and/or achievements.
20. Is Language Ability Required to Obtain a Green Card as an Outstanding Researcher or Professor?
No, language ability is not required to obtain a green card as an outstanding researcher or professor. However, having strong English language skills could be beneficial for some green card applicants, as it can help to demonstrate their ability to work and live in the U.S. Additionally, English language skills may be necessary for the day-to-day work of some applicants.