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VISA SPOTLIGHT - OPTIONS FOR COLLEGE AND UNIVERSITY PROFESSORS
There are a wide variety of immigration options that college and university professors may benefit from. Both immigrant and non-immigrant visas are available for professors. Non-immigrant visa categories include H, J, O, R, and TN. Immigrant visa categories include extraordinary ability, outstanding professors, labor certifications with special handling, and national interest waivers. 
The most prevalent non-immigrant option is the H-1B visa for non-immigrant workers in specialty occupations. These visas are typically valid for a three year period and can be extended for another three years. Workers in this category may fill permanent positions, so long as they depart the U.S. after their authorized period(s) of stay. H1-B workers may also seek permanent residency while employed in this category. 
Another non-immigrant category is the J-1 visa, for exchange-visitor professors. These visas can be valid for up to a three year initial period, and may be extended in six month increments for another three years. Workers in this category may fill only temporary (non-tenure track) teaching positions. The major drawback with this visa category is that certain individuals may be barred from further employment or permanent residence until they have left the U.S. and satisfied a two year "home residency" requirement. Whether an individual be subjected to the home residency requirement can be difficult to determine when applying for the visa. A J-1 visitor may be subject to the requirement if the J-1 program was financed by a national government, or if the visitor acquires certain skills while in the U.S. that have been designated by the USIA as required by the visitor's home country, or receives graduate medical training or education. 
Individuals of extraordinary ability may qualify for an O-1 visa. These visas can be valid for up to a three year initial period, and may be extended in one year increments. In order to qualify, an individual must first demonstrate extraordinary ability in the sciences, arts, education, business or athletics which has been demonstrated by sustained national or international acclaim. These individuals must also demonstrate that the achievements have been recognized in their field through extensive documentation and that they seek to enter or remain in the U.S. in order to work in their area of extraordinary ability. 
The R visa exists for certain religious workers who have been members of a religious denomination for at least two years before filing a petition. These visas are typically valid for a three year period and can be extended for another three years. The religious worker must work as a minister or in a professional capacity (such as an instructor) for a religious organization. 
TN visas were created by the North American Free Trade Agreement and are available to citizens of Canada or Mexico. These visas are valid for a period of one year, and can be renewed annually. TN visas offer little benefit for citizens of Mexico since a labor condition application, similar to that required for an H visa, must be secured for Mexican workers. 
An immigrant visa (permanent residence) is available for aliens of extraordinary ability, who may apply for permanent residency under the first employment based preference category, for which visas are readily available and no job offer or labor certification is required. These individuals must provide evidence to fulfill at least three out of ten criteria. These criteria include nationally or internationally recognized awards; membership in associations which require outstanding achievements; publications; articles; reviewing or judging the work of peers; major and original scholarly, scientific or artistic contributions; public display of artistic contributions; a lead, starring or critical role for organizations with distinguished reputations; commercial successes in the performing arts; and commanding a high salary or remuneration. 
Immigrant visas are also available for outstanding professors under the first employment based preference category. These individuals must be able to demonstrate that they are internationally recognized as outstanding in a specific academic area, with a minimum of three years teaching experience in that area. They must also enter the U.S. for a tenured or tenure track position within a university or institution of higher education. 
Aliens of exceptional ability or holding advanced (post-baccalaureate) degrees may apply for permanent residency under the second employment based preference category, for which visas are readily available. However, a job offer and a labor certification must be obtained in order for the individual to qualify for permanent residency. Individuals of exceptional ability must provide evidence to fulfill at least three out of seven criteria. These criteria include degrees relating to the area of exceptional ability; at least ten years of work experience in the field; professional licenses; commanding a high salary or remuneration; membership in professional associations; and recognition for achievements and significant contributions to the industry or field. Individuals holding advanced degrees from foreign countries must be able to document their educational credentials in U.S. equivalents. Professors who apply for permanent residency based on labor certifications are eligible for "special" handling, which means that they may demonstrate that they are the best qualified U.S. worker for the position (as opposed to "normal" handling, which means they are the only one qualified). 
INS regulations further provide that aliens of exceptional ability or holding advanced degrees whose permanent residency is in the "national interest" may apply for a waiver of job offer and labor certification requirements of the second employment based preference category. See Siskind's Immigration Bulletin, November, 1994, for an article on national interest waivers.