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The United States is fortunate to be the preferred destination for many of the world’s most talented professors and researchers.
At Ostrom Law Office, we are proud to facilitate the efforts of universities, colleges and businesses in attracting and retaining the best talent to further their respective missions. We encourage you to contact us for legal advice about the different immigration options for professors and researchers for achieving temporary and permanent immigration status in the U.S.
Professors and researchers generally begin their employment in a nonimmigrant status, even if permanent employment is contemplated. The most common nonimmigrant visas for professors and researchers (click on each for more information) include H-1B, J-1, O-1, TN, E-3. The H-1B is the best option for individuals in permanent, or tenure track positions, because it is the only one of these that allows “dual intent,” meaning it accommodates individuals who intend to remain in the US permanently as well as people who intend to remain temporarily. Also, the H-1B Cap does not apply to those who will work for or at a university or affiliated nonprofit or research institute. In some cases, more than one visa option is available, and it is important to understand the benefits and limitations of each.
Obtaining lawful permanent resident status (a “green card”) is a 2-3 step process. In all cases, an approved I-140 immigrant petition is required. Depending on the immigration category selected, a permanent labor certification (PERM) may be required as a first step before the I-140 immigrant petition may be filed. The end of the process is usually achieved through filing an I-485 adjustment of status for individuals physically present in the US in some other, temporary status. Individuals who are not present in the US typically finish the process by means of an immigrant visa process through a US consulate abroad.
For detailed information about various approaches to permanent resident status for Professors and researchers, please review these pages:
The Minneapolis immigration attorney of Ostrom Law Office assists professors and researchers nationwide and around the world, who are interested in pursuing professional careers in the United States. We encourage you to contact us if you need legal advice regarding nonimmigrant visas, or permanent residence status through EB-1 Extraordinary Ability, EB-1 Outstanding Professor or Researcher, National Interest Waivers, or Permanent Labor Certification (PERM.)