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Outstanding Researchers
Oftentimes,
people are confused as to the different requirements they must satisfy
to qualify for either of these two groups. The following is an attempt
to make clearer some of the characteristics of each and to clarify
their differences. The purpose is to enable the individual to have
a better assessment as to which category offers them a better chance
for a green card.
With
the outstanding researcher or professor category, no degree is required.
What is required is international recognition as being "outstanding"
in a specific academic area. Furthermore, the individual must have
at least 3 years of experience or teaching in that academic area.
It is important to note that these three years do not have to be
done after the awarding of a degree. The experience can be acquired
while one is studying for a degree if the degree is eventually obtained
and the individual had total responsibility for the classes taught
or it the person conducted research, did so in a manner considered
to be "outstanding". Lastly, the individual must be in the U.S.
in a tenured or tenure track teaching position or to conduct research.
On
the other hand, one of the National Interest Waiver subcategories
requires not only a bachelorŐs degree but also an advanced degree.
This advanced degree need not be a Ph.D., a masterŐs degree will
suffice. Additionally, five years of experience could also substitute
for the advanced degree. The other subcategories of the NIW are
for those with exceptional ability. Regulations explicitly state
that such exceptional ability is limited to the sciences, arts,
or business. Exceptional ability is characterized by a degree of
expertise significantly above that ordinarily encountered in these
areas.
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