Question:

I like to apply for Green Card in the category of EB1 Outstanding Researcher. As a researcher with Ph.D. working in a small company, the EB1 Extraordinary Ability category may be difficult for me, and the waiting time for EB2 National Interest Waiver category is longer for my country. But I am not sure if my employer (less than 20 employees) can use of this EB1 Outstanding Researcher visa category. Any suggestion? Thank you.

Answer:

To qualify for a U.S. Green Card in the EB2 Outstanding Professors or Researchers category, the alien applicant should have an international reputation for being outstanding in an academic field, and have an job offer from a U.S. employer. Also, the foreign alien should have at least three years experience at either teaching or research in the relevant academic field. 

Not every employer can use the EB2 Outstanding Professors or Researchers category. The U.S. employer must be a qualified employer, which can be either a university or institution of higher education, or a department, division, or institute of a private research entity with at least three full-time researchers on staff. Also, the private U.S. employer will need to show a history of significant research achievements