Academic Immigration Attorneys
The immigration needs of college and university faculty and staff can be very different from that of other workers. With experience in working with academic institutions, Ritter Halliday LLP can assist you in obtaining solutions for your faculty and staff.
Immigration Options for College and University Faculty
We assist colleges and universities in navigating this complex system, from choosing between different nonimmigrant visa options to selecting the appropriate path toward permanent residence, tailored specifically to the individual academic professional.
Keeping in mind the unique time constraints for our academic clients, we are committed to providing prompt personal attention.
We also educate human resources and legal staff with respect to latest trends in immigration pertaining to academic institutions so they may make well-informed and effective decisions concerning immigration matters for their employees.
Common Nonimmigrant Options for Academics
- H-1B visas - available to almost all academic faculty year round as most academic institutions are exempt from the H-1B cap. Concurrent H-1B visas are available for faculty teaching at more than one institution. H-1B visas are also available to administrative and professional staff, as long as they are employed in a “specialty occupation” as defined by immigration regulations.
- O-1 visas - available to faculty who can demonstrate extraordinary ability by sustained national and international acclaim in their field. O-1 visas can be a good option for qualifying individuals who are subject to the J-1 two-year home residence requirement.
- J-1 Waivers – there are several different types of waivers of the two-year home country residence requirements (“J-1 Waivers”) available to academic employees. Because each case is different, it is best to have a qualified immigration attorney evaluate your case to determine the most appropriate option for you.
Common Immigrant Options for Academics
- EB-1 Petitions for Extraordinary Ability - available to academic faculty who are able to demonstrate through extensive documentation, extraordinary ability in their field. Candidates may petition for themselves, and a labor certification is not required.
- EB-1 Petitions for Outstanding Researchers or Professors - available to researchers and college and university professors with at least three (3) years of experience, who are able to demonstrate international recognition for their outstanding achievements in their academic field. Although no labor certification is required, there must be an offer of permanent employment (or tenure-track teaching position) and the employer must petition on behalf of the foreign national.
- EB-2 Petitions for Advanced Degree Professionals - available to faculty and other professionals with an advanced degree. A PERM labor certification filed by a petitioning employer is generally required, unless the petition is filed with a request for a National Interest Waiver of the labor certification requirement.
- EB-2 Petitions for National Interest Waiver - available to faculty and professional staff who are able to demonstrate a degree of expertise significantly above that ordinarily encountered in their field, and whose employment in the United States would greatly benefit the national interest. Candidates may petition for themselves and no labor certification is required.
- PERM Special Recruitment for Professors/Teachers - available to faculty. This option relaxes the labor certification rules by requiring that the foreign national be the best qualified for the position.
Attorneys with experience helping Academic Employees select the best path toward immigration in the U.S.
At Ritter Halliday LLP, we value integrity in our advocacy and take pride in providing our clients an honest and complete assessment as to the merits of each case. We offer highly competitive rates for many types of cases, clearly setting out all fees and costs upfront.
Contact us for more information about immigration options for academic employees.