US Immigration paths for scientific researchers
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CAREER CENTRAL
US Immigration paths for scientific researchers By Marco Pignone
This article is part of a series to run in MRS Bulletin on achieving a path to a green card in the United States. It will cover and compare the criteria for EB-1A classification for foreign nationals of extraordinary ability, EB-1B classification for foreign nationals who are outstanding researchers and professors, and information on the National Interest Waiver category.
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s an immigration lawyer in the United States, I travel to the annual meetings of numerous major scientific organizations and societies, including the Materials Research Society (MRS), to give presentations and provide consultations. Most foreign scientists, from PhD students to postdoctoral researchers, typically have a poor understanding of their legal immigration situation, regardless of the number of years they have been in the United States. If you are going to school or working in the United States, and you are not a US citizen or lawful permanent resident (“green card holder”), it is extremely important that you understand the paths that could lead to a green card. You should have a clear timeline so that you understand your situation and know exactly when it will be necessary for you to take action and move forward at each step of the process. Start by asking yourself what your plans are in the United States. What is your dream job? Is it a tenure-track faculty position or something in industry? If you are
currently a PhD student, do you want to complete a postdoctoral training program or go straight into industry? Once you have established your short- and long-term goals, you can then start to formulate a plan for your personal immigration timeline.
“Employment Authorization Document” or EAD, if you completed a PhD program in the United States. Generally, a US PhD qualifies you for three years of work authorization through the OPT program.
Obtaining a US green card F-1 student visas and Optional Practical Training If you complete a PhD degree in the United States on an F-1 student visa, it is possible to apply for a green card before you graduate, but for a variety of reasons, it is usually not recommended. Depending on your plans, there may be no benefit to applying early, and few people qualify before graduating. In some cases, it may make sense to take the risk, but as that is relatively rare, I am going to skip over this option. If you are finalizing and completing a PhD with an F-1 student visa, your first option after graduation is to obtain work authorization through the Optional Practical Training (OPT) program. Through OPT, you can obtain an
At the end of the OPT, you will need a green card or a work visa to remain in the United States. A green card provides permanent lawful status in the United States and a path to citizenship. To obtain a green card (also known as “lawful permanent resident” status), there are two main paths: 1. EB-1A (Extraordinary Ability) or NIW (National Interest Waiver) Petitions 2. the Program Electronic Review Manage
