The Outstanding Researcher or Professor is a first-preference employment-based petition. Because the EB-1b falls under the first preference, there is currently no visa backlog for this category and priority dates are current. This means that the petitioner can concurrently file (file at the same time as the EB-1b) his/her I-485 adjustment of status or file the I-485 adjustment of status as soon as the EB-1b has been approved. Different from the EB-1a, the EB-1b requires an employer to sponsor your case. A sponsoring employer must be either: (1) a United States university or institution of higher learning or (2) a private employer who employs at least three persons full-time in research positions and has achieved documents accomplishments in an academic field. The EB-1b is limited to researchers and professors, and as a result, is limited to academia or research institutes.
Over the years, we have achieved very high approval rate on the EB1B petitions represented by us. Please contact us if you would like a consultation and an honest evaluation of your potential chances of getting an EB-1b approved.
REQUIREMENTS for EB-1B:
An EB-1b petition must be accompanied by evidence and documentation that the petitioner is recognized internationally as outstanding in the academic field. Such evidence must consist of at least two (2) of the following:
Receipt of major prizes or awards for outstanding achievement in the academic field;
Membership in associations in the academic field which require outstanding achievements of their members;
Published material in professional publications written by others about the petitioner’s work in the academic field;
Beneficiary’s participation, either individually or on a panel, as the judge of the work of others in the same or an allied academic field;
Evidence of the Beneficiary’s original scientific or scholarly research contributions to the academic field; OR
Evidence of authorship of scholarly books or articles (in scholarly journals with international circulation) in the academic field.
However, even if the beneficiary satisfies 2 of the 6 categories listed above, the analysis does not end there. If the beneficiary has satisfied the first prong of the requirements, he or she must then satisfy a second prong, which is an overall assessment of his or her case, in order to have the EB-1b approved.
Under the second prong, a beneficiary must show that he or she is recognized internationally as outstanding in the academic field. In addition, he/she must have at least three years of experience in teaching and/or research in the academic field. If the beneficiary would like to apply as an outstanding professor, then he or she must be offered a tenured or tenure-track teaching position in the academic field from a United States university or institution of higher learning.
If the beneficiary would like to apply as an outstanding researcher, then he or she must be offered a permanent research position by a United States university or institution of higher learning or a private employer with research capacity.
In addition to collecting all necessary evidence and documentation for the EB1B, the petitioner-employer (who must sponsor the foreigner) should file a Form I-140, Petition for Alien Worker on behalf of the beneficiary-foreigner. The petitioner must also provide the filing fee, made payable to the U.S. Department of Homeland Security. Premium processing is also available if either the Petitioner or Beneficiary desires an expedited adjudication from the USCIS.
Read more about EB-1B status and Visatopia’s EB-1B services:
Read about some of our successful EB-1B cases: