University professors

University professors often can obtain permanent residence in the United States without lengthy delays.  A university or college can bypass the Labor Certification process by showing that it conducted a competitive search to fill the teaching position and selected the individual for the position within the 18 months preceding the filing of the application.  There are several steps to this process, but it is significantly easier than most other categories.

Outstanding Researchers

Post-doctoral researchers cannot use the short-cut process for university professors, but a separate category for "outstanding researchers" can be used to obtain permanent residency.  The most important consideration is that the researcher have an employer - university or private research institution - that will sponsor the individual for residency.  The individual must have at least three years of research experience, and must demonstrate that his or her  accomplishments and skills are significantly higher than those of the average researcher.  The Immigration Service looks at several criteria to determine if a researcher is "outstanding":

Letters of reference from independent  evaluators

Publications  

Receipt of awards and membership in prestigious organizations

Published reviews/evaluations 

Aliens of Extraordinary Ability

If you've won the Nobel Prize or an Olympic Medal, the U.S. wants you.  But many others may also qualify for permanent residency as aliens of extraordinary ability. 

This is one of the few categories where an individual can qualify for residency without an offer of employment in the United States.  The criteria for qualification as a person of extraordinary ability are almost identical to those listed under "Outstanding Researcher," but in our experience it is a little bit harder to establish "extraordinary ability." This category works well for artists, musicians and athletes as well as for scientists and researchers.

Multinational Executives

Executives and managers of multinational companies can not only obtain temporary L-1 and sometimes E-1 visas, but also have a fast-track method of obtaining permanent residency.  If the individual was employed abroad as an executive or manager and is transferred to an affiliated company in the United States as an executive or manager, this fast-track process will allow the individual to obtain permanent residency in the United States.

Investors

Obtaining residence through investment is not easy.  You must invest at least $500,000 (and in some cases $1,000,000) in a business and create 10 full-time jobs in the United States.  There are many technical requirements for this type of application, so please e-mail us if you want to discuss investment visas.

Physicians

Physicians seeking to immigrate to the United States have many hurdles to overcome.  We will discuss the many facets of physician immigration in an update to this website in the near future.

Registered Nurses

Registered Nurses are on a list of professions that are considered to be in short supply in the United States.  Permanent residence can be obtained through a short-cut labor certification process that can be completed in less than one year.  The nurse must be licensed in the state in which he or she wishes to practice, and an employer must sponsor the nurse.  The Council on Graduates of Foreign Nursing Schools (CGFNS) handles accreditation of nurses.

Unfortunately, through a technicality in the law, there are only limited opportunities for obtaining a temporary work visa to be employed as a nurse before permanent residence is obtained.  Thus, it may be necessary for nurses to remain outside the United States until the permanent residency visa is obtained, a process that can take more than 6 months.

Physical Therapists

Physical Therapists are on a list of professions that are considered to be in short supply in the United States.  Temporary visas in the H-1B category are available, and permanent residence can be obtained through a short-cut labor certification process that can be completed in less than one year.  The therapist must be licensed in the state in which he or she wishes to practice, and an employer must sponsor the therapist.  The therapist must also receive a "Visa Screen" accreditation from the International Commission on Healthcare Professions (ICHP).

Computer Professionals

Although there is no special category for computer professionals, most such individuals can obtain H-1B temporary visas and permanent residency through the Labor Certification or Reduction in Recruitment processes described above.

Religious Workers

Religious workers not only are eligible for temporary R visas, but once they have worked for the religious domination for two years in a religious profession, the individual is eligible to apply for permanent residence.  The requirements are similar to those for the temporary R visa, except that the individual needs to have worked for the denomination for at least 2 years, whereas for the R visa the individual only needs to be a member of the denomination for two years.  This is a relatively speedy process.