VISAS FOR RESEARCHERS

Eligible researchers can work in the United States based on their accomplishments by obtaining the EB-1A Extraordinary Ability, EB-1B Outstanding Professor or Researcher, EB-2 National Interest Waiver (NIW), or O-1A Extraordinary Ability visa. Each of these options not only allow the possibility of receiving a visa based directly on your research, but also avoid the need to demonstrate that there are no qualified United States persons available to do your work.

What are my options?

IMMIGRANT (permanent visas)
 

  • EB-1A [E11] Extraordinary Ability

    • Main benefits: No need for an employer to sponsor you (allows you to ‘self-petition’). Only requires national, not international, recognition of your accomplishments. Does not require showing that is in the United States’ national interest for your petition to be approved.

    • Main drawbacks: Most difficult legal standards to satisfy.
       

  • EB-1B [E12] Outstanding Professors or Researchers

    • Main benefits: Easier standards to satisfy than EB-1A. Does not require showing that is in the United States’ national interest for your petition to be approved.

    • Main drawbacks: Requires an employer to sponsor you (does not allow you to ‘self-petition’). Requires establishing international, not just national, recognition of your accomplishments. More difficult legal standards to satisfy than EB-2 NIW.
       

  • EB-2 [E21] National Interest Waiver

    • Main benefits: No need for an employer to sponsor you (allows you to 'self-petition’). Less difficult legal standards to satisfy than EB-1A and EB-1B.

    • Main drawbacks: Requires showing that is in the United States’ national interest for your petition to be approved. Very long wait times for Chinese and Indian petitioners to receive permanent residence (‘green card’) after petition is approved.
       

NONIMMIGRANT (temporary visas)
 

  • O-1A Extraordinary Ability

    • Main benefits: Only option available for obtaining a nonimmigrant (temporary) visa based directly on your research.

    • Main drawbacks: Same legal standards to satisfy as EB-1A. Requires an employer to sponsor you (does not allow you to ‘self-petition’).

An experienced attorney can help you decide which of these visas to pursue, or to find a different option if that would be better under your circumstances.

What questions should I ask an attorney?

How much of your practice is focused on preparing research-based visa petitions? How many of your research-based visa petitions have resulted in Requests for Evidence (RFEs) or Notices of Intent to Deny (NOIDs)? How many of those petitions ultimately resulted in denial or withdrawal?

Do you have any advanced training beyond your law degree? How does that training make you more effective at preparing research-based visa petitions?

Will you individually handle all aspects of my petition? How much of my petition will be custom-designed versus putting my information into a template? Can you commit to spending as much time as is necessary working with me to develop the most promising strategy for my unique background

Why Dr. Boom?

EXPERIENCE

With nearly a decade working in research-based visa petitions,
Dr. Boom has successfully assisted numerous clients obtain visas based on accomplishments in a variety of fields including biomedical research, mathematics, and engineering, among others.

 

TRAINING

Reflecting his commitment both to transnational law and research, after receiving his law degree Dr. Boom continued his education by earning his Master of Laws (LLM) with Distinction in Transnational Law and his Doctor of Philosophy (PhD).
 

DEDICATION

An active scholar himself, Dr. Boom understands the value of research and is excited to help you get your accomplishments the recognition they deserve. You can learn more about Dr. Boom’s research—presented at Cambridge University and the London School of Economics, and appearing in the International Journal of Refugee Law and the Law and Development Review—at his professional homepage as well as on ResearchGate, Academia, and SSRN.

Christopher D Boom, JD, LLM, PhD
Attorney & Notary Public
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