Immigration for Researchers
Honolulu Attorney Provides Immigration Help for Researchers
What are the visa options for the professional researcher?
The Law Offices of KahBo Dye-Chiew in downtown Honolulu assists researchers in obtaining the appropriate visa for work in the United States. Attorney KahBo Dye-Chiew has focused on immigration law and making the American Dream come true for immigrants since 1991.
The United States has recognized the importance that researchers, especially those in the science fields, contribute to the United States. Throughout her more than 20 years of practice, Attorney Dye-Chiew has assisted numerous researchers in obtaining nonimmigrant and immigrant visa benefits to enable them to continue their specific research in the United States. The following nonimmigrant and immigrant visa categories are most beneficial for researchers.
- EB-2 visa – Since most researchers have a master’s degree or higher in their field of research (or a combination of fields of education), they would automatically qualify for classification under the EB-2 immigrant visa category. So long as they have a master’s degree or higher, they do not have to make a separate showing that they are persons of “exceptional ability” in the arts and sciences. However, even under the EB-2 category, the researcher will need to determine whether his or her qualifications are sufficient to meet the standards of the “National Interest Waiver (NIW).” If they are, the researcher will not need to have a job offer from a U.S. employer in order to become a lawful permanent resident of the United States. However, even if the researcher might not meet the caliber of “National Interest Waiver”, if he/she has a supportive U.S. employer, he or she would likely qualify for an immigrant visa after successfully going through the labor certification process.
- EB-1 visa – Researchers may also qualify for two different sub-categories under EB1 as persons of extraordinary ability or as an outstanding professor and researcher.
- H-1B visa – If the researcher is engaged in research for an institution of higher education or an organization related to an institution of higher education, the H-1B visa is especially appropriate because it is likely that the institution is “H-1B Cap-Exempt” and their employer is not subject to the H-1B Cap. In addition, researchers who graduated with a master’s degree or higher from a U.S. institution qualify for the H-1B master’s degree cap, which authorizes an additional 20,000 new H-1B visas per year.
- O visa – A researcher who has been engaged in ground-breaking research may qualify to be classified as a person of extraordinary ability based on his or her research to enter to work for a U.S. employer.