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Staying in the US with a J1 Visa

Staying in the US with a J1 Visa

By Asim Kilinc, Immigration Attorney at CK Law Firm

In this week’s visa information post, I will discuss one of the most frequently asked visa types by my clients who wish to work or study in the United States: the J1 Visa. In this article, I will answer the most common questions about the J1 Visa based on the numerous cases I have handled and the hundreds of clients I have consulted. By reading this article, you will find answers to the following questions:

  • What is a J1 Visa?
  • What are the Advantages of Applying for a J1 Visa?
  • Who Can Apply for a J1 Visa?
  • What are the Requirements for Applying for a J1 Visa?
  • Where to Apply for a J1 Visa?
  • How to Apply for a J1 Visa?
  • What to Expect After Applying for a J1 Visa?

If you have any other questions about the J1 visa type, please do not hesitate to reach out to me through the comments section below, via LinkedIn, or through the website of CK Law Firm, the immigration law firm I co-founded.

What is a J1 Visa?

The J1 visa is a type of exchange visa used for participating in educational, training, or cultural exchange programs in the US. This visa is generally issued to students, researchers, teachers, and other participants who need to stay in the US for a specific period. J1 visa holders are required to return to their home countries at the end of their programs. The J1 visa programs are managed by the US Department of State and supported by designated sponsor organizations. The categories under the J1 visa include:

  • J1 Trainee: Allows individuals with a specific university degree or expertise in a certain field to work in the US.
  • J1 Intern: A category for current students or recent graduates.
  • Work and Travel (WAT): Used by university students who wish to work and travel in the US during the summer.
  • Other J1 Categories: Teachers, camp counselors, au pairs, physicians, and secondary school students can also apply under various J1 categories.

What are the Advantages of Applying for a J1 Visa?

The J1 visa provides an opportunity to work in the US for a certain period, gaining diverse experiences. It offers a chance to experience American culture, improve language skills, and build an international network.

Who Can Apply for a J1 Visa?

Individuals eligible to apply for a J1 visa include:

  • Undergraduate or graduate students
  • Academics and researchers
  • Elementary, middle, and high school teachers
  • Interns and young professionals
  • Au pairs
  • Camp counselors
  • Students and professionals in the healthcare field

What are the Requirements for Applying for a J1 Visa?

To apply for a J1 visa, you must meet certain requirements, which vary depending on the visa category but generally include:

  • Requirement 1: Acceptance from a US educational institution or exchange program.
  • Requirement 2: Support from a sponsor organization authorized by the US Department of State.
  • Requirement 3: Return Commitment: J1 visa holders are usually required to stay in the US for a specified period and return to their home country at the end of the program.
  • Requirement 4: Two-Year Home Country Physical Presence Requirement: Some J1 visa holders must stay in their home country for at least two years after their program in the US. This rule applies especially to government-funded programs or certain professions.
  • Requirement 5: Health insurance is mandatory for J1 visa holders. It is essential to have suitable health insurance due to the high cost of healthcare in the US.

Where to Apply for a J1 Visa?

The application process for a J1 visa involves several steps, conducted through sponsor organizations designated by the US Department of State and US consulates or embassies.

How to Apply for a J1 Visa?

Here is a step-by-step guide to the J1 visa application process:

  1. Finding a Sponsor Organization and Enrolling in a Program: Locate a sponsor organization authorized by the US Department of State for the J1 visa program. Apply to and get accepted into a suitable program listed on the US Department of State’s website.
  2. Obtaining the DS-2019 Form: The sponsor organization will provide the DS-2019 form (Certificate of Eligibility for Exchange Visitor Status) after confirming your acceptance into the program. Fill out this form.
  3. Paying the SEVIS Fee: After receiving the DS-2019 form, pay the SEVIS I-901 fee.
  4. Paying the Visa Application Fee: Pay the required fee for the visa application.

What to Expect After Applying for a J1 Visa?

After applying and being approved for a J1 visa, you can enter the US. You are expected to comply with the laws and requirements of the program throughout your stay. It is crucial to provide accurate information and documents at each stage of the application. Due to the complexity of the process and legal requirements, it is beneficial to seek support from an immigration attorney. Feel free to contact us at cklawfirm.org, via email at info@cklawfirm.org, or directly through LinkedIn to determine your eligibility for a J1 visa through our free consultation service. Just send us your resume, and we will get back to you within 24 hours.

Who is Lawyer Asım Kılınç?

Lawyer Asım Kılınç, as a founding partner of CK Law Firm, stands out with his mastery of both international law and the American legal system, gained through years of experience. Completing his Master’s degree at Southern Methodist University Dedman School of Law, Kılınç is registered with the Missouri Bar and specializes in U.S. immigration law. His deep knowledge and experience in immigration law have significantly contributed to CK Law Firm’s successes in this field. Having participated in the preparation processes of over 1,000 cases in immigration law, Lawyer Kılınç has proven his expertise in this field, providing comprehensive and professional legal support to his clients, facilitating their adaptation to their new lives in the U.S.

Strengthening CK Law Firm’s leadership in immigration law, Lawyer Kılınç offers reliable and effective legal consultancy services to his clients, standing by them in their journey to establish a new life in the U.S. He works to ensure that his clients receive the highest quality service in citizenship, Green Card, work permit, and other immigration processes, providing support to his clients throughout the entire process, from the beginning to U.S. citizenship.


By Ergul Celiksoy, Immigration Attorney at CK Law Firm

In order to obtain permanent residence and work authorization in the United States, there are various types of visas available. One of these visas, which I frequently receive inquiries about, is the EB-1A Extraordinary Ability visa. Drawing from my experience handling numerous EB-1A visa cases, I will help answer some of your questions. By reading this article, you will find answers to the following questions:

  • What is the EB-1A Extraordinary Ability Visa?
  • What are the Benefits of Applying for the EB-1A Extraordinary Ability Visa?
  • Who Can Apply for the EB-1A Visa?
  • What are the Requirements for the EB-1A Visa?
  • How Many Criteria Do I Need to Meet for the EB-1A Visa?

If you have further questions about the EB-1A visa, please feel free to contact me via the comments section below this article, directly through LinkedIn, or through the contact section on the website of CK Law Firm, where I am a co-founder.

What is the EB-1A Extraordinary Ability Visa?

The EB-1A visa, though named the Extraordinary Ability Visa, actually focuses more on your achievements in your field rather than pure talent. If you are highly accomplished in your area of expertise and can support this with documentation, you may apply for the EB-1A visa. Moreover, you can apply for the EB-1A visa without a job offer or sponsor.

To apply for the EB-1A visa, you need to have national or international recognition in fields such as science, arts, education, business, or athletics. This visa is designed for individuals who have reached the top level in their field or are among the top percentage of achievers.

What are the Benefits of Applying for the EB-1A Extraordinary Ability Visa?

This visa offers numerous advantages compared to other visa types, including:

  • Sponsorship Requirement: You do not need an American employer to sponsor you. You can apply on your own, based on your experience and achievements.
  • Job Offer Requirement: You do not need a job offer from an American employer to apply for the EB-1A visa.
  • Language Proficiency Tests: You do not need to take English proficiency tests such as IELTS or TOEFL to apply for and receive approval for the EB-1A visa.
  • Processing Time: Obtaining a Green Card through the EB-1A visa is faster compared to other immigration visas. If you apply with Premium Processing, you can receive a response within 15 days. After your EB-1A application is approved, there is no additional waiting period to start your Green Card process.
  • Flexibility in Employment: Once you obtain a Green Card through the EB-1A visa, you have the flexibility to change your place of employment in the United States.
  • Family Benefits: The spouses and unmarried children under 21 of EB-1A visa holders can also obtain Green Cards.

In addition to the above, the EB-1A visa offers many other benefits and should be considered by individuals who have achieved success in their field.

Who Can Apply for the EB-1A Visa?

To apply for the EB-1A visa, you need to have national or international recognition in fields such as science, arts, education, business, or athletics. This visa is designed for individuals who have reached the top level in their field or are among the top percentage of achievers. If you are highly accomplished in your area of expertise and can support this with documentation, you may apply for the EB-1A visa.

What are the Requirements for the EB-1A Visa?

There are two methods to meet the requirements for the EB-1A visa. Meeting one of these methods will be sufficient for your visa application to be approved. To receive approval for the EB-1A visa, you must either have received a prestigious international award in your field (e.g., Nobel, Oscar) or meet at least three of the ten criteria listed below. In practice, very few people meet the prestigious international award criterion. Therefore, EB-1A applications are generally made by meeting at least three of the criteria listed below:

  1. Receiving nationally or internationally recognized awards.
  2. Membership in associations that require outstanding achievement.
  3. Having been the subject of articles or media coverage.
  4. Participating as a judge of the work of others.
  5. Making significant contributions to your field.
  6. Publishing articles in your field.
  7. Having your work displayed at significant exhibitions.
  8. Holding a leading role in a recognized organization.
  9. Earning a high salary compared to others in your field.
  10. Achieving commercial success in the performing arts.

You do not need to meet all ten criteria for the EB-1A visa. As mentioned, meeting at least three of these criteria is sufficient. Let’s delve into each of these criteria to understand what they mean for EB1-A applications and how they can be met.

CRITERION 1: Nationally or Internationally Recognized Awards

One of the criteria for the EB1-A visa is having received nationally or internationally recognized awards in your field. These awards do not necessarily have to be the most prestigious, like the Nobel Prize. However, if you have an award given based on certain criteria to successful individuals in your field, you can use this to meet the criterion.

CRITERION 2: Membership in Associations Requiring Outstanding Achievements

Another criterion you can use to qualify for the EB1-A visa is your membership in associations that require outstanding achievements in your field. It is important to note that not just any membership will suffice. The associations must admit members based on specific criteria and evaluation by a panel. Similarly, the criteria for membership should include a high level of success in your field.

CRITERION 3: Publications About You or Your Work in National or Local Media

If there have been publications in national or local media about you or your work, you can use these for your EB1-A application. This is especially applicable if you have given interviews or if your work has been featured in news articles.

CRITERION 4: Participation as a Judge of the Work of Others

To meet the criteria for the EB1-A visa, you can also use your participation as a judge in evaluating the work of others in your field. This criterion is often met by academics who have served as peer reviewers for academic journals, advisors for doctoral or master’s students, or members of academic committees. For non-academics, being a judge on a panel evaluating work in your field can also meet this criterion.

CRITERION 5: Significant Contributions to Your Field

You can use your significant scientific, academic, artistic, athletic, or business contributions to meet the EB1-A visa requirements. It’s important to present your contributions as a whole. Emphasizing original contributions, new inventions, methods, or techniques in your field can strengthen your application. Obtaining reference letters from other experts attesting to your contributions can also be useful.

CRITERION 5: Publications in Your Field

Another criterion easily met by academics is having published articles in reputable journals in your field. If you have publications in top journals or leading publications in your field, you can use these to meet this criterion.

CRITERION 6: Display of Artistic Work at Important Exhibitions or Showcases

Artists can meet this criterion by having their work displayed at significant and prestigious exhibitions or showcases. The key point here is that the exhibitions must be well-known and respected on a national or international level. For those in the film industry, participating in national and international film festivals and winning awards can also meet this criterion.

CRITERION 7: Leadership or Critical Roles in Recognized Organizations

If you have held leadership positions in recognized and prestigious organizations in your field, you can use this for your EB1-A visa application. Simply being a manager or executive is not enough; the organization itself must be well-known and respected.

CRITERION 8: High Salary or Remuneration Compared to Others in Your Field

If you earn a significantly higher salary or remuneration compared to others in your field, you can use this for your EB1-A visa application. You need to provide evidence of the international salary standards in your field and show that your earnings are significantly higher. It’s important to note that earning more than your peers in Turkey alone is not sufficient; it must be on an international scale.

CRITERION 9: Commercial Success in the Performing Arts

You can also use the commercial success of your artistic performances for your EB1-A visa application. This criterion is applicable if you work in the arts and can document the commercial success of your works. For example, if you have sold paintings at high prices, given numerous concerts generating revenue, or if your film has had box office success, you can use these to meet this criterion.


CRITERION 10: How Many Criteria Do I Need to Meet for the EB-1A Visa?

To meet the requirements for the EB-1A visa, you need to demonstrate that you meet at least three of the ten criteria listed above with documentation. A common misconception among those researching the EB-1A visa is that they need to meet all ten criteria. To clarify, meeting at least three of these criteria is sufficient to receive approval for the EB-1A visa.

If you believe you can meet at least three of the requirements for the EB-1A visa, you can send your updated and detailed CV to info@cklawfirm.org. We offer a free evaluation to determine if you meet the necessary criteria for this visa. If we find you suitable based on our initial assessment, we will schedule a free 30-minute Zoom meeting to discuss the visa requirements and application process in detail.

Who is Attorney Dr. Ergül Çeliksoy?

Attorney Dr. Ergül Çeliksoy is a co-founder of CK Law Firm. Dr. Çeliksoy has extensive experience in U.S. immigration law. He completed his master’s degree in international law and human rights at the University of Nottingham in 2017 and began his doctoral studies at the same university. Dr. Çeliksoy completed his Ph.D. in law at the University of Nottingham School of Law in 2022, crowning his academic career. Dr. Çeliksoy has published in leading academic journals and is internationally recognized for his expertise in modern slavery, criminal justice, and criminal law. A registered member of the California Bar, Dr. Çeliksoy provides superior service to his clients with his deep knowledge and experience in U.S. immigration law cases. His knowledge and experience in immigration law contribute valuable insights to CK Law Firm’s work in this area.

Dr. Çeliksoy offers comprehensive and strategic solutions to his clients in immigration law cases, helping them secure their legal status in the United States. His work in human rights and immigration processes, along with his deep knowledge of modern slavery and criminal law, allows Dr. Çeliksoy to effectively resolve the complex legal issues faced by immigrants. Dr. Çeliksoy strengthens CK Law Firm’s leadership in immigration law by providing reliable and effective legal counsel, helping his clients build their new lives in the United States.


By Asim Kilinc, Immigration Attorney at CK Law Firm

In this week’s informative article on visa types, I will discuss the L-1A Intra-Company Transfer Visa, a frequently asked and highly sought-after U.S. visa by my clients. In this article, I will answer the most frequently asked questions about the L-1A Visa. By reading this article, you will find answers to the following questions:

  • What is the L-1A Intra-Company Transfer Visa?
  • What are the Advantages of Applying for the L-1A Intra-Company Transfer Visa?
  • Who Can Apply for the L-1A Intra-Company Transfer Visa?
  • What are the Requirements to Apply for the L-1A Intra-Company Transfer Visa?
  • Where to Apply for the L-1A Intra-Company Transfer Visa?
  • How to Apply for the L-1A Intra-Company Transfer Visa?
  • What to Expect After Applying for the L-1A Intra-Company Transfer Visa?

If you have any additional questions about the L-1A visa type, please do not hesitate to reach out through the comments section below this article, message me directly on LinkedIn, or contact me via the contact section on the CK Law Firm Immigration Attorney Firm’s website.

What is the L-1A Intra-Company Transfer Visa?

The L-1A Intra-Company Transfer Visa is a type of visa granted to managers and executives temporarily transferring to the U.S. to work at a branch, parent, affiliate, or subsidiary of their current employer. This visa is designed for individuals transferred to the U.S. to work in managerial positions within their companies.

The L-1A visa allows international companies to manage their global workforce flexibly and is a crucial tool for companies looking to support their business operations in the U.S.

What are the Advantages of Applying for the L-1A Intra-Company Transfer Visa?

The L-1A visa provides international company executives the opportunity to work and transition into high-level managerial positions in the U.S. Once approved, the applicant can work in the U.S. for an initial period of 1-3 years, with the possibility of extension up to 7 years. L-1A visa holders can apply for permanent residency (Green Card) in the U.S. after meeting specific conditions. The spouse and unmarried children under 21 of the L-1A visa holder can obtain L-2 visas. L-2 visa holders can apply for work authorization, allowing them to work in the U.S. The advantages offered by the L-1A visa provide significant benefits for both individuals and companies.

Who Can Apply for the L-1A Intra-Company Transfer Visa?

Executives or high-level managers can be transferred to the U.S. through an intra-company transfer. Individuals meeting the following criteria can apply for this visa:

  • The applicant must have worked for the company for at least one year within the last three years before applying for the visa.
  • Upon arriving in the U.S., the applicant must work in a managerial or executive position for the same employer at another branch.

What are the Requirements to Apply for the L-1A Intra-Company Transfer Visa?

To apply for the L1-A visa, general requirements must be met:

  • Employer Status: The applicant must be employed by an American company or a branch, subsidiary, or parent company of an international company in the U.S.
  • Job Position: The applicant must hold a managerial or executive position in the company.
  • Inter-Company Relationship: There must be a commercial relationship between the company the applicant works for and the U.S. company.
  • Work Duration: The applicant must have worked for the company for at least one year within the last three years before applying for the visa.
  • Position in the U.S.: The applicant will continue to work as a manager or executive in the same position in the U.S.

The L1-A visa application process is generally initiated by the employer. The employer must submit Form I-129 (Petition for a Nonimmigrant Worker) to USCIS and pay the form fee on behalf of the employee applying for the L-1A visa.

Where to Apply for the L-1A Intra-Company Transfer Visa?

The application for the this visa is made by the applicant’s employer and is carried out through USCIS (U.S. Citizenship and Immigration Services).

How to Apply for the L-1A Intra-Company Transfer Visa?

The L1-A visa application process is initiated by the applicant’s employer and proceeds as follows:

  • Employer’s USCIS Application: The employer fills out Form I-129. This form must be accompanied by supporting documents, including:
    • Documents proving the eligibility of the employer and the applicant.
    • Evidence that the employer’s company is actively doing business in the U.S.
    • Documents showing that the applicant has worked as a manager or executive for at least one year within the last three years.
    • Job description and nature of the duties showing that the applicant will work as a manager or executive in the U.S.
  • Submission of Form I-129: Form I-129 and supporting documents are sent to the designated USCIS office based on the employer’s location.

What to Expect After Applying for the L-1A Intra-Company Transfer Visa?

After applying for the L-1A visa, the process begins with USCIS reviewing the employer’s I-129 form and supporting documents:

  • RFE (Request for Evidence): USCIS may request additional information or documents.
  • Approval or Denial: USCIS approves or denies the application. If approved, the employer and the applicant receive an approval notice (Form I-797).

The visa application process varies depending on whether you are in the U.S. or another country.

For Applicants Applying from Outside the U.S.

After receiving the USCIS approval notice, the applicant must complete the DS-160 (Online Nonimmigrant Visa Application) form. They must then schedule an interview with the U.S. Embassy or Consulate and pay the visa fee.

For Applicants Applying for a Change of Status within the U.S.

If the applicant is already in the U.S., they can apply for a change of status after receiving USCIS approval.

In conclusion, it is essential to provide accurate and complete information and documents at each stage of the application. Due to the complexity of the process and legal requirements, it may be beneficial to seek support from an immigration attorney. If you would like to determine your eligibility for the L1-A visa, you can contact us at cklawfirm.org, info@cklawfirm.org, or directly reach out to me via LinkedIn for free consultation services. All you need to do is send us your CV. We will review your CV and get back to you within 24 hours.

Who is Lawyer Asım Kılınç?

Lawyer Asım Kılınç, as a founding partner of CK Law Firm, stands out with his mastery of both international law and the American legal system, gained through years of experience. Completing his Master’s degree at Southern Methodist University Dedman School of Law, Kılınç is registered with the Missouri Bar and specializes in U.S. immigration law. His deep knowledge and experience in immigration law have significantly contributed to CK Law Firm’s successes in this field. Having participated in the preparation processes of over 1,000 cases in immigration law, Lawyer Kılınç has proven his expertise in this field, providing comprehensive and professional legal support to his clients, facilitating their adaptation to their new lives in the U.S.

Strengthening CK Law Firm’s leadership in immigration law, Lawyer Kılınç offers reliable and effective legal consultancy services to his clients, standing by them in their journey to establish a new life in the U.S. He works to ensure that his clients receive the highest quality service in citizenship, Green Card, work permit, and other immigration processes, providing support to his clients throughout the entire process, from the beginning to U.S. citizenship.


By Asim Kilinc, Immigration Attorney at CK Law Firm

In the weekly informative articles I prepare about different types of visas, this week’s focus is on the F1 Student Visa, one of the most frequently asked and inquired visa types by my clients who want to study in the United States. In this article, I will try to answer the most common questions about the F1 visa based on the numerous files I’ve prepared and the hundreds of clients I’ve consulted. By reading this article, you will find answers to the following questions:

  • What is the F1 Student Visa?
  • What are the advantages of the F1 Student Visa?
  • Who can apply for the F1 Student Visa?
  • What are the requirements to apply for the F1 Student Visa?
  • Where to apply for the F1 Student Visa?
  • What is the application process for the F1 Student Visa?
  • What should you expect after applying for the F1 Student Visa?

If you have additional questions about the F1 visa, please do not hesitate to contact me through the comments section below this article, directly via LinkedIn, or through the CK Law Firm Immigration Attorney website.

What is the F1 Student Visa?

The F1 Visa is a temporary immigrant student visa granted to international students who wish to study in the United States. This visa demonstrates that the applicant has been accepted by a student institution in the U.S., can cover their expenses while studying, and intends to return to their home country after completing their education. The accepted institution can be a language school, undergraduate, associate degree, doctorate, etc. Students with an F1 Visa cannot work without a work permit but can work in on-campus locations like libraries and cafeterias. For off-campus work conditions, you can review the Working In The US website.

What are the Advantages of the F1 Student Visa?

American educational institutions host students from many nations. This provides the opportunity to experience American culture and meet people from different cultures. This visa offers significant advantages by providing skills such as educational diversity, language proficiency, and an international network. Additionally, it allows for the development of skills such as leadership and effective communication through student communities.

Who Can Apply for the F1 Student Visa?

Anyone accepted by an American educational institution and having the financial means to support their education in the U.S. can apply. However, they must prove their financial capability, educational intentions, and intention to return with documentation.

What are the Requirements to Apply for the F1 Student Visa?

To apply for this visa, the following conditions must be met:

  • Acceptance for full-time education at an American educational institution,
  • Having financial resources to cover education and living expenses and proving this with documents (account statements, scholarship documents, sponsor documents),
  • If you don’t have the financial means to cover the expenses, you can find a sponsor. Sponsors can be family, relatives, bursars, etc., but you must also prove this situation with documents,
  • Filling out the DS-160 form required by the American Consulate accurately and completely,
  • Receiving the SEVIS I-20 form from the American educational institution you want to attend. This form must be filled out correctly and completely with the information requested during the application and visa interview,
  • Proving with documents that you will return to your country after completing your education,
  • The education you will receive must be related to your career.

If you wish, you can find out if you are eligible for an F1 Student Visa through our free consultancy service by reaching us at cklawfirm.org, info@cklawfirm.org, or directly via LinkedIn. All you need to do is send us your CV. We will review your CV and get back to you within 24 hours.

Where to Apply for the F1 Student Visa?

You need to apply to the U.S. Consulates for the F1 Student Visa.

What is the Application Process for the F1 Student Visa?

To apply for this visa, you first need to obtain the I-20 form from the institution where you want to study in the U.S. You have 365 days to apply for a visa from the time you receive this form. Then you need to prepare documents proving you can cover living and educational expenses during your education period mentioned in this form. You need to fill out the DS-160 form required by the American Consulate accurately and completely and pay the fee for the visa application.

What Should You Expect After Applying for the F1 Student Visa?

The process should be followed, and participation in the interview should be ensured. The SEVIS I-901 fee must be paid before entering the U.S.

In conclusion, although there are many points to consider during the process, the This visa is an excellent option to achieve your dreams of America. If you wish, you can find out if you are eligible for a this visa through our free consultancy service by reaching us at cklawfirm.org, info@cklawfirm.org, or directly via LinkedIn. All you need to do is send us your CV. We will review your CV and get back to you within 24 hours.

Who is Lawyer Asım Kılınç?

Lawyer Asım Kılınç, as a founding partner of CK Law Firm, stands out with his mastery of both international law and the American legal system, gained through years of experience. Completing his Master’s degree at Southern Methodist University Dedman School of Law, Kılınç is registered with the Missouri Bar and specializes in U.S. immigration law. His deep knowledge and experience in immigration law have significantly contributed to CK Law Firm’s successes in this field. Having participated in the preparation processes of over 1,000 cases in immigration law, Lawyer Kılınç has proven his expertise in this field, providing comprehensive and professional legal support to his clients, facilitating their adaptation to their new lives in the U.S.

Strengthening CK Law Firm’s leadership in immigration law, Lawyer Kılınç offers reliable and effective legal consultancy services to his clients, standing by them in their journey to establish a new life in the U.S. He works to ensure that his clients receive the highest quality service in citizenship, Green Card, work permit, and other immigration processes, providing support to his clients throughout the entire process, from the beginning to U.S. citizenship.

By Ergul Celiksoy, Immigration Attorney at CK Law Firm

The EB-2 National Interest Waiver (NIW) visa is a prestigious type of visa that allows professionals to work and live in the United States. When applying for this visa, it is crucial to support your eligibility with statements from your colleagues. Therefore, I always emphasize the importance of supporting my clients’ EB-2 NIW application files with strong reference letters. Presenting strong reference letters plays a critical role in the success of your application. In this article, you will find answers to the most frequently asked questions based on the many EB-2 NIW applications I have prepared for my clients.

Here are the questions you will find answers to regarding the reference letters for the EB-2 NIW application:

  • How should the reference letters be prepared?
  • From whom should the reference letters be obtained?
  • What should be considered when preparing the reference letters?

Now, let’s provide comprehensive answers to these questions one by one.

How Should the Reference Letters for an EB-2 NIW Application Be Prepared?

When preparing your reference letters, they should generally consist of 5 sections:

  1. Introduce the Applicant: The letter should start by introducing the applicant. The reference provider should clearly state who the applicant is, what field they work in, and the nature of their contributions.
  2. Specify the Reference Provider’s Identity and Expertise: The reference provider should state their own identity, position, and area of expertise. This increases the reliability and value of the reference.
  3. Highlight the Applicant’s Contributions and Achievements: The letter should detail the applicant’s contributions to the field, projects, and achievements, especially emphasizing national and international successes.
  4. Be Unique and Personalized: The letter should be unique and personalized for the applicant, avoiding general statements and providing specific examples. This makes the letter more convincing.
  5. State the Importance for the U.S.: Explain why the applicant is important for the U.S. and how they will contribute to national interests. This is a requirement of the EB-2 NIW visa.

From Whom Should the Reference Letters for an EB-2 NIW Application Be Obtained?

Getting reference letters from the right people for your USCIS application file is as important as the content of the letters. For instance, a reference letter from someone unrelated to your field and professional qualifications will not be beneficial to your file. Therefore, when asking yourself, “From whom can I get reference letters for my file?” ensure that these individuals meet the following 3 criteria:

  1. Recognized Experts in the Field: The letters should be from recognized and reputable experts in the applicant’s field. These individuals can better evaluate the applicant’s competence and achievements.
  2. Academic and Professional Superiors: Letters from academic or professional superiors who have directly worked with the applicant are highly valuable as they have directly observed the applicant’s projects and work ethic.
  3. International Collaborators: Letters from international collaborators with whom the applicant has worked on projects can highlight the applicant’s international impact.

What Should Be Considered When Preparing Reference Letters for an EB-2 NIW Application?

In my clients’ applications and in successful EB-2 NIW cases I have reviewed, I have noticed that the reference letters meet the following criteria:

  1. Credibility and Reputation: The credibility and reputation of the reference providers are important. Letters from recognized and reputable individuals make the application stronger.
  2. Detail and Specificity: The letters should be detailed and specific, avoiding general statements and supporting the applicant’s achievements with concrete examples.
  3. Consistency: There should be consistency among the different reference letters. The reference providers should have similar views about the applicant’s competencies and achievements, enhancing the application’s credibility.
  4. Language and Style: The letters should be written in a professional language and style, avoiding grammar and spelling mistakes and using fluent language.

Conclusion

Reference letters for the EB-2 NIW visa are one of the most critical components of the application. Preparing strong and convincing reference letters greatly affects the success of the application. Therefore, reference letters should be prepared carefully and obtained from credible and reputable individuals. It is recommended to seek professional support at every stage of the application to manage the process more effectively. If you wish, we can manage the entire process for you, leaving you to plan your dreams in the USA. You can find out if you qualify for EB-2 NIW with our free consultation service by contacting us through cklawfirm.org, emailing info@cklawfirm.org, or reaching out directly on LinkedIn. All you need to do is send us your CV. We will review your CV and get back to you within 24 hours.

Who is Attorney Dr. Ergül Çeliksoy?

Attorney Dr. Ergül Çeliksoy is a co-founder of CK Law Firm. Dr. Çeliksoy has extensive experience in U.S. immigration law. He completed his master’s degree in international law and human rights at the University of Nottingham in 2017 and began his doctoral studies at the same university. Dr. Çeliksoy completed his Ph.D. in law at the University of Nottingham School of Law in 2022, crowning his academic career. Dr. Çeliksoy has published in leading academic journals and is internationally recognized for his expertise in modern slavery, criminal justice, and criminal law. A registered member of the California Bar, Dr. Çeliksoy provides superior service to his clients with his deep knowledge and experience in U.S. immigration law cases. His knowledge and experience in immigration law contribute valuable insights to CK Law Firm’s work in this area.

Dr. Çeliksoy offers comprehensive and strategic solutions to his clients in immigration law cases, helping them secure their legal status in the United States. His work in human rights and immigration processes, along with his deep knowledge of modern slavery and criminal law, allows Dr. Çeliksoy to effectively resolve the complex legal issues faced by immigrants. Dr. Çeliksoy strengthens CK Law Firm’s leadership in immigration law by providing reliable and effective legal counsel, helping his clients build their new lives in the United States.



By Ergul Celiksoy, Immigration Attorney at CK Law Firm

Individuals who have built a career in academia can take advantage of the opportunity to live and work in the United States through the EB-2 NIW visa. This way, they can obtain residence and work permits in the US for themselves, their spouses, and their children under 21. Commonly referred to as the “academic visa,” this visa allows you to get a permanent residence permit (green card) and move to the US, and you can become a citizen after five years. By reading this article, you will find answers to the following questions:

  • What is the educational level required for academics to apply for the EB-2 NIW visa?
  • What documents do academics need to submit for the EB-2 NIW application?

The EB-2 NIW visa is a type of visa that allows professionals with an academic career (such as faculty members, professors, associate professors, assistant professors, etc.) to apply without needing a job offer or sponsorship from a US employer if they intend to work in the US.

What is the educational level required for individuals with an academic career to apply for the EB-2 NIW?

The primary requirement to apply for the EB-2 NIW visa is an advanced degree, meaning:

  • A master’s or doctoral degree in your field, or
  • A bachelor’s degree plus five years of experience.

Meeting the advanced degree requirement necessitates a high level of education in the professional field, and the applicant must possess this level. The clearest indicator of meeting this criterion is having a master’s or doctoral degree in the field.

Individuals who do not have a master’s or doctoral degree but have a bachelor’s degree in the field and have worked in a significant position in the field for at least five years are also considered to meet this requirement. However, in this case, solid evidence of work experience in the field (various educational certificates, achievements in the field, academic publications, etc.) must be included in the application letter. Clear evidence showing that the applicant will benefit national employment in the field, has contributed to significant projects, and has achieved professional success will also be considered.

What documents do academics need to submit for the EB-2 NIW application?

When applying for the EB-2 NIW visa as an academic, the following documents can support your application:

  • Publications: Publications in national and international academic journals. Being a sole or first author is advantageous.
  • Citations: Citations to your publications, visible on Google Scholar. While there is no ideal number, the more, the better.
  • Research Activities, Funding, and Academic Project Participation: Participation in any project related to your field of expertise. For example, receiving support from TÜBİTAK or BAP from universities. Even without financial support, participating in or supporting projects related to the field is advantageous.
  • Conference Participation and Presentations: Academic presentations, either summaries or full texts, related to your field of expertise.
  • Journal Editorship, Peer Reviews, and Jury Duties: Serving as an editor, assistant editor, or member of the scientific board in academic journals, peer reviews, and jury duties for master’s or doctoral theses provide significant advantages.
  • Certificates: Certificates of education related to the field, including online education.
  • Awards, Achievements, and Acknowledgments: Certificates received during and after undergraduate studies, especially in professional life (optional but advantageous).
  • Work History: Places and positions worked in the field of expertise to date. If you have had additional duties (such as working as an administrator while being a doctor, or serving on a committee while being an academic), these can also be included to strengthen the application.
  • Memberships: Memberships in professional associations/institutions related to your field of expertise. Memberships are sometimes annual, so they can be obtained close to the application time. For example, the Istanbul Medical Chamber for doctors or the American Association of Orthodontists for orthodontists.
  • Media Appearances: Appearances in local, national, or international news channels/newspapers/websites related to your field of expertise. In this case, your expert opinion or work related to any issue in your field should be highlighted. This criterion is rarely met by applicants and is not mandatory but provides a significant advantage.

The EB-2 NIW visa offers individuals with an academic career the opportunity to live and work permanently in the USA. The required documents and evidence for this visa type must be carefully prepared, and professional support should be obtained at every stage of the application process. We can manage the entire process for you, leaving you to plan your dreams in the USA. You can find out if you qualify for EB-2 NIW with our free consultation service by contacting us through cklawfirm.org, emailing info@cklawfirm.org, or reaching out directly on LinkedIn. All you need to do is send us your CV. We will review your CV and get back to you within 24 hours.

Who is Attorney Dr. Ergül Çeliksoy?

Attorney Dr. Ergül Çeliksoy is a co-founder of CK Law Firm. Dr. Çeliksoy has extensive experience in U.S. immigration law. He completed his master’s degree in international law and human rights at the University of Nottingham in 2017 and began his doctoral studies at the same university. Dr. Çeliksoy completed his Ph.D. in law at the University of Nottingham School of Law in 2022, crowning his academic career. Dr. Çeliksoy has published in leading academic journals and is internationally recognized for his expertise in modern slavery, criminal justice, and criminal law. A registered member of the California Bar, Dr. Çeliksoy provides superior service to his clients with his deep knowledge and experience in U.S. immigration law cases. His knowledge and experience in immigration law contribute valuable insights to CK Law Firm’s work in this area.

Dr. Çeliksoy offers comprehensive and strategic solutions to his clients in immigration law cases, helping them secure their legal status in the United States. His work in human rights and immigration processes, along with his deep knowledge of modern slavery and criminal law, allows Dr. Çeliksoy to effectively resolve the complex legal issues faced by immigrants. Dr. Çeliksoy strengthens CK Law Firm’s leadership in immigration law by providing reliable and effective legal counsel, helping his clients build their new lives in the United States.

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