THE ABC'S OF IMMIGRATION - OPTIONS FOR PROFESSORS

Those coming to the US to teach at the college or university level have a number of options, both for nonimmigrant visas and for permanent residency.

Nonimmigrant Visas

Professors can, in most cases, easily obtain an H-1B visa.  The position is clearly at the professional level, and most professors have at a minimum a bachelor’s degree in their area of expertise, and in many cases they possess an advanced degree.  In the rare case where the professor does not have a degree, they can attempt to show that they have the equivalent of a degree through the rule providing that three years of experience is equal to one year of undergraduate study.  As with all H-1B visas, the maximum period of enter is six years, granted in two three-year increments.  Also, a labor conditional application detailing the prevailing wage is required.  Click here for General information on H-1B visas 

There are two categories of J-1 visas that are available to professors, short-term scholars and one specifically for professors.  The short-term scholar category is designed to foster professional relationships between US and foreign scholars.  The maximum period of stay is six months, with no extensions allowed.  Also, while lecturing is allowed, the visa is not designed for a foreign professor to teach at a US school.  The other J-1 category, however, is.  The position filled by the J-1 professor must be temporary.  The initial period of approval is for three years, and may be extended for another three years. Click here for General information on J-1 visas.

If the professor is in the top of their field, they can qualify for an O-1 visa.  Those who demonstrate that they possess “a level of expertise indicating that the person is one of the small percentage who have risen to the top of the field of education are eligible for O-1 classification.  Click this link for general information on O-1 visas 

Professors who are going to teach at a religious institution may be eligible for R-1 visas.  Click this link for general information on R-1 visas. 

Finally, professors from Canada and Mexico are eligible for TN visas under the North American Free Trade Agreement.  Click this link for general information on TN visas 

Professors who are considered “outstanding” can obtain a first preference employment visa (See this link).  They must have at least three years experience teaching in the field, and must have an offer of employment (but no labor certification is required).  Some top professors would likely also be able to qualify for first preference classification as aliens of extraordinary ability (Click this link), which would be necessary if there was no job offer. 

Professors who cannot demonstrate this level of achievement will qualify for the second employment based preference (Click this link).  In most cases, this will require a labor certification.  A national interest waiver can be pursued, but given the INS requirement that the alien’s work benefit the entire US, it would likely be difficult to show that a professor met this requirement.