LEGAL SERVICES

Scientists & Professors Immigration

Immigration support for researchers, scientists, academics, and educators with extraordinary ability or qualifying national interest.

Immigration for the Academic & Scientific Community

Researchers, professors, scientists, and STEM professionals have some of the most powerful immigration options available — particularly those who have made significant contributions to their fields. Vidal Law Firm specializes in extraordinary ability visas and national interest waivers.

Visa Types We Handle

O-1 — Extraordinary Ability
For scientists at the very top of their field with sustained national or international acclaim.
EB-1A — Extraordinary Ability Green Card
Self-petition for permanent residency. No employer or job offer required.
EB-1B — Outstanding Professors
For internationally recognized academics seeking tenure-track or comparable research roles.
EB-2 NIW — National Interest Waiver
Self-petition green card for professionals whose work substantially benefits the United States.
H-1B — Cap-Exempt Research and Academic Employment
The H-1B that researchers and professors don't have to gamble on. Petitions filed by U.S. institutions of higher education, nonprofit research organizations, governmental research organizations, and nonprofit entities affiliated with institutions of higher education are exempt from the annual H-1B numerical cap — meaning no March registration lottery, no October 1 start date constraint, and the ability to file year-round whenever the academic or research position opens up. The substantive specialty occupation and prevailing wage requirements still apply, but the timing advantages are significant. We file cap-exempt H-1Bs across universities, hospitals, research institutes, and their affiliates.
TN — USMCA Scientists
For Canadian and Mexican scientists, engineers, and academic professionals.

The National Interest Waiver (NIW)

The EB-2 NIW is particularly valuable for researchers and scientists. Under the framework established in Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016) — the precedent decision that governs NIW petitions today — you must demonstrate three things:

Your proposed endeavor has substantial merit and national importance to the United States
You are well-positioned to advance your proposed endeavor
On balance, it would benefit the U.S. to waive the job offer requirement

Frequently Asked Questions

No. The NIW specifically waives the job offer and labor certification requirement, allowing you to self-petition for permanent residency.
EB-1A is for extraordinary ability in any field and can be self-petitioned. EB-1B is specifically for outstanding professors and researchers and requires an employer’s offer of a tenured or tenure-track position.

Ready to begin your U.S. immigration journey?