EB-1B for Researchers

EB-1B for Outstanding Researchers or Professors

The EB-1B immigrant visa for non-citizens internationally recognized as outstanding in a particular scientific or scholarly field. Most often, this category of green card is obtained by an “outstanding researcher or professor."

How can I apply for an EB-1B green card?

EB-1B cases are employer sponsored. The petitioning employer must show that they have offered you a permanent job, and that you have outstanding ability as a researcher or professor. The outstanding non-citizen researcher or professor must have the sponsorship of his or her employer throughout the petitioning process.

What are the USCIS requirements for the EB-1B green card?

There are three main requirements for someone seeking a petition as an "Outstanding Researcher or Professor," including:

• International recognition for being outstanding in a specific academic field;

• At least three years of relevant research or teaching experience:

• • Research or teaching experience obtained while in pursuit of an advanced degree, such as a Ph.D., can be counted toward the three year requirement, but only if you have acquired the degree, and if the teaching duties were such that he or she had full responsibility for the class, or if the research conducted toward the degree has been recognized within the academic field as outstanding.

  • you must document his or her work history with letters from current and/or former employers describing work duties and years of employment; and

• A job offer for a permanent research position or a tenured or tenure-track teaching position from the sponsoring employer:

  • Usually, the job offer is given by a university or other similar academic or scientific institution, but it can also be offered by a private employer.

  • If the offer is from a private employer, the employer must have at least three full-time researchers along with accompanying documentation supporting their accomplishments within the field.

What evidence should be included in the petition to satisfy the USCIS requirement of “Outstanding” research or teaching accomplishments?

The petitioning employer and beneficiary professor or researcher must provide information and evidence that will prove the claims that the beneficiary is an outstanding contributor to his or her respective field. Since the employer is the petitioner for EB-1B cases, the employer must be available throughout the entire filing process. Some of the evidence you may submit to demonstrate that you meet the USCIS requirement includes:

• Peer-reviewed articles in scholarly journals

• Entries in a citation index that cite the alien's work as authoritative

• Any documentation of participation as a reviewer for peer-reviewed scholarly journals

• Peer-reviewed presentations at symposia

• Testimonials from scholars describing the alien's work as authoritative

Recommendation letters included in the petition and written by either field experts or the petitioning alien should include the following:

• The writer’s qualifications to issue his/her opinion.

• The alien's background and achievements, as well as commentary that the alien‘s achievements are original contributions to the scientific or scholarly field.

• Commentary on the significance of the alien‘s publications, awards, and any memberships in professional associations.

If you have two of the aforementioned requirements, at least three years of research experience and/or teaching experience, an offer for a permanent research position or tenure/tenure-track teaching position, your current or prospective employer is willing to sponsor you and file the petition on your behalf, and you would like to file an employment-based petition for permanent residency, you should consider filing a petition under the category of "Outstanding Researcher or Professor."