EB1B Visa Guide: Everything You Need to Know About the EB1B Visa
The EB1B visa is a powerful option for foreign professors and researchers to work as a professor or researcher for a US university or a private employer. With an EB1B visa, you can get a green card for yourself, your spouse, and your unmarried children under 21 years old.
In this guide, I’m going to discuss what you need to know about the EB1B visa.
If you have any questions about the EB1B visa, email me at Michael@AshooriLaw.com. You can reach me at any time via email.
Overview:
1. What is the EB1B Visa?
2. What are the Benefits of an EB1B Visa?
3. What are the EB1B Visa Requirements?
4. What Documents are Needed to Apply for an EB1B Visa?
5. What is the Process of Getting an EB1B Visa?
6. How Does USCIS Decide Whether You Are Outstanding in Your Field?
7. Conclusion
1. What is the EB1B Visa?
The EB1B visa is an immigrant visa classification for outstanding professors and researchers. To qualify for an EB1B visa, you must show that you are internationally recognized as outstanding in a specific academic area. In addition, you must show that you have at least 3 years of experience in teaching and/or research in your academic field. Also, you must show that you will be working as a professor or researcher for a US university or institute of higher education, or that you will work as a researcher for a private employer.
The EB1B is an immigrant classification, so it allows you to get a green card for yourself, your spouse, and your children under 21 years old. The EB1B petition must be filed by your prospective US employer. The US employer is the petitioner and you are the beneficiary.
A unique advantage of the EB1B visa is that it does not require a labor certification. A labor certification is issued by the US Department of Labor and can be time consuming and tedious. Your US employer can skip this process and directly offer you a job through the EB1B visa.
Summary:
- The EB1B visa is an immigrant visa for outstanding professors and researchers.
- With an EB1B visa, you can get a green card for yourself, your spouse, and your children.
- This visa does not require an approved labor certification.
2. What are the Benefits of an EB1B Visa?
i. Immigrant Visa
- The EB1B visa is an immigrant visa classification which means that it qualifies for a green card.
- With a green card, you can travel in and out of the United States.
- Your spouse and children are also eligible for green cards, work authorization, and the ability to go to school in the United States.
ii. No Labor Certification Required
Multiple employment based immigrant visas require the US employer to get an approved labor certification. A labor certification is issued by the US Department of Labor and certifies that the employer made attempts at hiring a qualified US worker and was unable to do so. The labor certification process is time consuming, tedious, and it often discourages US employers from sponsoring foreign workers for a green card.
The EB1B visa does not require a labor certification. Instead, a US employer can just hire the foreign worker through a job offer.
iii. Lower Standard than EB1A Extraordinary Ability
The EB1B visa requires you to be internationally regarding as outstanding in your field. While this is a high standard to meet, it is a lesser standard than the EB1A visa which requires a showing of extraordinary ability.
This means that for the right candidate, it is easier to get approved for an EB1B visa than an EB1A visa.
3. What are the EB1B Visa Requirements?
To qualify for an EB1B visa, there are 3 main requirements:
- You must be internationally recognized as being outstanding in an academic field
- You must have at least 3 years of experience teaching and/or doing research in your academic field
- You must have a US job offer to work in a teaching position or as a researcher.
i. You must be internationally recognized as being outstanding in an academic field
To qualify for an EB1B visa, you must prove that you are internationally recognized as being outstanding in your academic field.
To prove that you are internationally recognized as outstanding, you must satisfy at least 2 of the following 6 evidentiary criteria:
- You have received major prizes or awards for outstanding achievement in your academic field
- You are a member of associations within your academic field which require outstanding achievement to be a member
- There is published material written by others, in professional publications, about your work in the academic field
- You have participated, as an individual or on a panel, as a judge of the work of others in your academic field or in an allied academic field
- You have original scientific or scholarly research contributions in your field
- You have authored scholarly books or articles in scholarly journals in your academic field
Special Note: If one of the criteria listed above does not readily apply to the evidence you intend to submit, you may submit comparable evidence to show your eligibility for an EB1B visa.
Additional Information on Major Prizes and Awards for Outstanding Achievement in Your Field
- The award does not have to be an international award, but it should not be a local or regional award. It should at least be a nationally recognized award.
- Awards received while you are a student will typically not qualify unless the award was outstanding compared to the awards typically granted in academia.
Additional Information on Published Material Written by Others, in Professional Publications, About Your Work in the Academic Field
- What is written should be about your work and should demonstrate that you are internationally recognized as outstanding in your field.
- To determine whether the published material is about your work, USCIS will analyze the length and the content of the material. If your work is barely mentioned, it is likely that this will not qualify.
ii. You must have at least 3 years of experience teaching and/or doing research in your academic field
To qualify for an EB1B visa, you must have at least 3 years of experience teaching and/or doing research in your academic field.
If you are relying on time spent teaching while you were working on your advanced degree, then you must show that you earned the degree and that you had full responsibility for the class that was taught.
If you are relying on time spent conducting research while you were working on your advanced degree, then you must show that you earned the degree and that the research conduced toward your degree was recognized within your academic field as outstanding [Code of Federal Regulations Section 204.5].
iii. You must have a US job offer to work in a teaching position or as a researcher.
To qualify for an EB1B visa, you must have a US job offer to work in either a teaching position or as a permanent researcher.
More specifically, you must have a job offer to work in a teaching position or as a permanent researcher, within your academic field, for a US university or institution for higher learning. Alternatively, you must have a job offer to work as a permanent researcher, within your academic field, for a private employer.
To simplify this requirement, I've broken it down into 3 separate options.
There are 3 ways to satisfy this requirement:
a. A job offer from a university or institute of higher education as a teacher
In this scenario, the position must be a tenured or a tenure-track position. To determine whether the position is a tenured or tenure-track position, USCIS will analyze whether you have a reasonable expectation of long-term employment with the university. Positions as an adjunct professor or as a temporary professor will not qualify.
b. A job offer from a university or institute of higher education as a researcher
Here, the position must be to conduct research in your academic field. In addition, the research position must be permanent. A permanent position is one that is for an indefinite or unlimited duration and where as the employee, you would have an expectation of continued employment absent good cause for termination [Code of Federal Regulations Section 204.5].
c. A job offer from a private employer as a researcher
- In this scenario, the position must be to conduct research in your academic field with a department, division, or institute of a private employer.
- The position must be permanent (as defined above).
- The department, division, or institute of the private employer that will be employing you must already employ at least 3 other people as full time researchers.
- The department, division, or institute of the private employer must have achieved documented accomplishments in the academic field.
4. What Documents are Needed to Apply for an EB1B Visa?
The documents you submit with your EB1B petition are highly important to getting your petition approved. The specific documents you should include will depend on your particular achievements, qualifications, and credentials.
With that disclaimer, here’s a list of some of the documents you should expect to include:
i. Awards
If you have awards for outstanding achievement in your field, you should include them as evidence of your recognition as being outstanding in your field.
You should include that actual award, evidence about the significance of the award, and information regarding the criteria by which people are selected to receive the award.
ii. Evidence of Membership in Associations
If you are a member of an association within your field, you should include an ID card or letter from the association demonstrating your membership.
You should also include a letter from the association showing the criteria for being selected as a member.
iii. Letter From Former Employer
This letter should explain that you have the required work experience as a researcher or teacher. The letter should explain your job duties. It should be on official letterhead and signed by an authorized representative of the employer.
iv. Job Offer From US Employer
The job offer from your US employer must be in writing. Oral offers of employment will not qualify.
v. Letters of Endorsement
One of the most valuable components in an EB1B visa petition are letters of endorsement from experts in your field. These letters can help to explain your impact and significance in your field.
Letters of endorsement should be backed up with concrete evidence. In addition, these letters should ideally be from people you are not closely acquainted with.
vi. Copy of passport
vii. Resume
5. What is the Process of Getting an EB1B Visa?
Here’s a simplified breakdown of the EB1B visa process:
Step 1. Hire an immigration lawyer
Your immigration lawyer will first determine whether or not EB1B is the best option for you. Assuming it is, your immigration lawyer will analyze your credentials and prepare a detailed list of documents for you to provide them.
Step 2. Filing Form I-140
The Form I-140 is the initial form that you must file with USCIS. This form is also called the Immigrant Petition for Alien Worker. Your immigration lawyer will file this form on your behalf and include all of the supporting documents such as your awards and letters of endorsement.
Step 3. Adjustment of Status or Visa Processing
There are 2 options for step 3: 1. Adjustment of status or 2. visa processing.
An adjustment of status is available to people who are lawfully present in the United States in some non-immigrant status. The adjustment of status quite literally means adjusting from a non-immigrant status to immigrant status. In order to do this, your immigration lawyer will file a Form I-485 on your behalf. Once approved, you become a lawful permanent resident. The entire adjustment of status process takes place in the United States.
Visa processing is the process of apply for a visa at a foreign consulate abroad. In order to do this, you file a DS-260, Immigrant Visa Application with the US consulate (usually of your home country). You will then schedule a visa interview. Upon completion of the interview, if successful, you will be issued an EB1B visa.
6. How Does USCIS Decide Whether You Are Outstanding in Your Field?
USCIS takes a 2-step approach when deciding whether You Are Internationally Recognized as Outstanding in Your Field:
- Step 1: Evidentiary Threshold
- Step 2: Final Merits Determination
Step 1: Evidentiary Threshold
During this step, USCIS is determining whether you actually have sufficient evidence to satisfy at least 2 of the 6 evidentiary criteria listed above (awards, membership in associations, etc.). The quality and the caliber of the evidence is not the primary focus of this step. If you do not satisfy at least 2 of the criteria, your petition will be denied.
Step 2: Final Merits Determination
During this step, USCIS is critically analyzing the totality of the evidence submitted to see whether you have are at a level to be considered outstanding in your field. At this stage is where the quality and caliber of your evidence is primarily assessed.
Even if you satisfy 2 of the 6 evidentiary criteria, you still might not pass the final merits determination if the evidence you submit is not strong enough.
7. Conclusion
You should now have a much better understanding of the EB1B visa. As you can see, this is a great option for researchers and professors to obtain a green card and to continue to work as researchers/professors in the United States.
Your chances of approval for this visa are very closely tied to the evidence you submit and the way your case is prepared and explained. It is very important to work with an immigration lawyer throughout this process.
If you have any questions, or if you need help getting your EB1B visa, email me at Michael@AshooriLaw.com. I’m the founding attorney at Ashoori Law and I would be happy to help you.
Resources:
- Business Immigration: Law and Practice, 2ND ED Volume 2 Chapter 3: The Immigrant Visa Petition
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Excellent response..
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Fari Hamid
10:03 29 Oct 22
My family and I hired Ashore Law to consult with, and to handle our immigration case whilst our migration from Pakistan to the USA. Ashore Law proved to be completely professional, functional and delivered services without any problems or... complications arising throughout our process. Their staff is indeed highly trained, extremely courteous and thoroughly professional. Ashore Law represented our case, on our behalf, and they delivered what they promised. Our applications for US immigration (E2) made through Ashore Law were handled very well throughout the process, and my family and I faced no difficulties whatsoever. I would definitely highly recommend Ashore Law for E2 consultancy services any day!read more
Copier clearance center
22:04 28 Oct 22
Michael Ashoori from the Ashoori Law firm has changed our family's life! We were here in the USA on a E2 non immigration Visa and thought we would be stuck with the E2 visa with no chance of immigration! When we contacted Michael and told him our... situation, he listened and started a game plan for us right away with an EB5 immigration Visa, Today we checked USCIS website for case update and we were thrilled when we saw our case approval notice. WOW LIFE CHANGING!!! We definitely recommend Ashoori Law firm for all your immigration services.read more
Kalubi Fwanyanga
19:44 28 Oct 22
I retained Michael and team to help ease the process of filing and also just guide us so we do don’t experience any hurdles and sure enough, when submitting the paperwork, me and hubby forgot to append our signatures on one of the forms and Michael... and team immediately noticed before the forms were sent, the process went as smooth as it can be and guess what, after 3 months submitting the documents to uscis, I received my work permit and SSC and after 10 months into the processing period, we received my parole approve notice and a date for our interview appointment! To add a cherry to the cake, the team has availed itself for any questions and guidance to thoroughly prepare us for the interview! What higher manner of professionalism can be exhibited above this! The team is fully engaged and we are grateful.read more
Aidana Ibraeva
17:07 27 Oct 22
I don’t often write reviews, but in this case I just don’t want to miss the opportunity to write about these people who are really professionals and know their business very well.If you’re still doubting whether or not you should choose them, I... can assure you that you won’t be left disappointed.read more
SangJo Kang
22:57 26 Oct 22
Me and my wife applied for green card through Ashoori Law last December and our case were approved this October. I was in J-1 visa and applied NIW case. They really helped us out from the beginning, especially helping me writing the recommendation... letters. It seemed like their law firm had a lot of people who were very experienced and they answered all the questions that I had. They even had a backup strategy for me if my case was not approved after my visa was expired. I really appreciate all their hard work and kindness and I highly recommend others if they are seeking immigration to the US. I would definitely contact them when I need help for my immigration status.read more
alinafe joshua
18:38 26 Oct 22
Thank you so much! I can't tell you how much I appreciate the amazing legal work you did on my behalf. You and your team are so understanding, helpful and fast in doing things I recommend anyone who needs help to not hesitate but to contact you ASAP.
arshad mohammed
07:50 25 Oct 22
I am very happy and pleased to be writing this review. I came to know about Ashoori Law Firm through you tube videos and decided they are the best firm for my L1A petition, they proved my belief to be 100 percent right and got approval for my case... within five months on the first go. I thank the wonderful team who were very helpful and courteous during the entire process and helped me and answered all my queries promptly. I will be suggesting the firm to many of my friends who are willing to immigrate to The United states.read more
K and G Murphy
23:20 21 Oct 22
They were very patient in waiting for us to get everything we needed and made the process fast and easy. We didn’t even have to do an interview. My wife has a 10 year residency card and right to work. Thank you
Mike Latreille
19:49 20 Oct 22
Ashoori Law was the best choice I could have made for my immigrating from Canada to the US .. their legal team has been easy to work with …super efficient and very professional and always there when I needed guidance or direction..I am greatful for... there team and would highly recommend them to anyone looking for an immigration firm to represent them on their journey . A very special thanks to Michael Ashoori, Mathew Larsen and Jeser Romero.. for there attention to detail and impeccable professionalism .. Thanks again Michaelread more
Abdul Salman
17:59 19 Oct 22
Received EAD today. Ashoori have professional attorneys, they are very helpful and filing fees are affordable . Definitely recommend my family and friends. Hopefully I receive my Green card soon.
Sean Machii
05:23 19 Oct 22
Thank you for helping me to get the E2 visa. Ashoori Law team is professional and explain everything I need to know in detail. Highly recommend this law firm for E2 visa.
Eric Askerov
17:18 14 Oct 22
Ashoori Law is a law firm you can trust and be sure they won’t leave you alone with your problems. I’ve been working with a few other lawyers before, but they all are working with you only because of money and don’t really care about you and your... situation.I contacted Ashoori Law’s team with an urgent situation and they were able to take my case, get everything done super smooth and fast. Ashoori Law’s team is reliable, professional and easy to work with. They take care of everything, all you need to do is cooperate and provide necessary papers on time.I highly recommend the firm and specially Shruti, who was working on my case. Only 5 star!read more
Genx Solutions LLC
21:55 13 Oct 22
They handled my E2 process professionally. Collecting all the necessary documents were done systemically. I'm fully satisfied with the service. Michael review the file personally and answer any questions come up. Would recommend Ashoori Law office... with no doubt.read more
Frida Davidsson Art
19:39 13 Oct 22
I’m very happy I choose Ashoori law! They have been so helpful and very quick with responding! Whenever I have questions they really take their time to explain, and my case has been processed quicker expected! Everything has been going very smooth... without any issues. I strongly suggest Ashoori Law!read more
Hiitokiri
00:13 12 Oct 22
Milena she will take care of you in your case of the Mater. Experience and excellent service she explained everything in to easy detail...I give her 💯 top notch service if you have any questions she respond back fast efficient...quick and... easy process....and make it easy for you to process your paper work....thank you so much Milena OUSTANDING Work!!! Thanks Ashoori Lawread more
Guru
19:36 11 Oct 22
Excellent service extended by Lorianne & team @ Ashoori Law. Kudos.
Brian Tetreault
02:37 06 Oct 22
Fantastic experience with Ashoori Law. Michael and his team were methodical in their handling of our E2 case. Communication with the firm was excellent and all queries were responded to in a timely manner. I would highly recommend Ashoori Law.
Karen Brizuela
01:04 06 Oct 22
Michael and team thankyou very much!! Right and professional answers. you guys did the the job as we agree.. and we did get our E2 visa status.Abe Brizuela.
Winston Stewart
13:50 27 Sep 22
ashoori law took my case in April 2021. They made sure that everything was done correctly before fileing. upon receipt of the case we awaited uscis decision. our petition was approved august 2022. during this time period ashoori law was always... available for my concerns or questions. therefore without reservation I recommend ashoori law to anyone seeking professional legal services in the immigration field.read more
Allen Gibbons
20:02 24 Sep 22
They were informative and very professional. Got the case done smoothly and on time. I would highly recommend Ashoori Law Firm.
Christian Rodriguez
18:23 23 Sep 22
I am incredibly thankful for this law firm. Ever since day 1 they have made things clear and have answered every question that has come to mind along the way. Their way of making sure that all information is correct and up to standards is a main... reason why I am happy with the service. For anyone having doubts...DONT! You will not be disappointed!read more
Shyam Chandrasekharan
17:05 22 Sep 22
Team Ashoori did a great Job on my Visa Approval.
ashkan yousefi
21:19 20 Sep 22
Ashoori law supported my case for the re-entry permit and they have a very supportive staff. Everything moves very organized.
Callen Schaub
18:20 09 Sep 22
The Ashoori Law team helped secure my USA O-1 Visa (Individuals with Extraordinary Ability or Achievement). Looking forward to making the world even more colorful! Thank you Ashoori Law.All the colors,Callen Schaub
Kubra Cingirlar
17:57 06 Sep 22
Because of the location, I couldn’t hire them but they were so fast to response
Malla R
23:31 01 Sep 22
Ehsan Mari is very patient and respectful while working with him . I highly recommend him for Immigration related services
Kanwarbir Singh Minhas
22:32 29 Aug 22
Highly recommend law firm.Thanks to Ashoori Law firm.I have used their service for my E2 visa as well as E2 change of status as i needed both of them.I just got my E2 change of status approved.Great service by the Michael Ashoori and his team.... Very professional ,easy going and helpful. If you are looking for one, this is the place. I will be using their service for my E2 visa also and later on with future applications also.read more
marjan f
23:20 25 Aug 22
I had some immigration questions regarding my application, so I booked a free consultation time with their office. I received a call an hour later from Mr. Ehsan, a consultant of the office. He helped me with all my questions patiently and I have to... say that he was so professional and knowledgeable.I want to thank him for the time and consideration.read more
Sari Sari
22:04 25 Aug 22
Very informative videos and blog post! Very Easy to understand! Great customer service! Kudos!!
Rovie Sayson
21:21 25 Aug 22
Michael provided excellent service. Highly recommended!!!
Alan Kryemadhi
05:54 23 Aug 22
I called ashoori law firm after I watched their very helpfull videos on YouTube for an e2 visa application (most informative e2 videos on YouTube in my opinion).Hands down they are the BEST emigration attorneys! Although applying for the e2 visa... was completed, the whole process went very smooth. I was impressed by their quick responses! They are very responsive and informative. Cannot recommend them enough! Thank so much guys!read more
Bob Edge
15:05 20 Aug 22
They helped me applied for my mom's green card and provided guidance and assistance through the whole process and more!
Adam Weston
18:25 19 Aug 22
Although I am halfway through the immigration process with my wife, it has been an excellent experience so far. Ashoori Law is very responsive and gets back to me quickly when I have a question. They made everything very easy which is key. Highly... recommend.read more
Chel Onates
17:42 18 Aug 22
I would like to Thank Ashoori Law team specially to Jeser I really appreciated the updates and follow ups. I highly recommend this firm.
Martha Castrejon
17:52 17 Aug 22
I just got my E2 visa renewal,thank you for the great team of the best immigration Michael Ashoori law company,thanks Lahaina,james,Michael for your help,and would like to give you more than 5 stars,sure will continue to work with you.
Mahesh Lal Rawat
14:56 14 Aug 22
महेश लाल जिला फतेहपुर भारत
Sweta Bharodia
18:23 12 Aug 22
Michael Ashoori and his team were very helpful and guided us through each and everything in getting our E2 visa. I highly recommend Ashoori Law firm.Initially when were looking for E2 visa lawyer, we had been in contact with many lawyers, but we... are fortunate we made a correct decision by making Ashoori Law firm as our lawyer. For any visa application documentation is very important. Ashoori Law team gave us a very clear and easy to understand step by step application process, which made it very easy for me to collect the relevant documents and submit. Starting from setting up a new company for the business till getting visa, Ashoori law firm has been always there, they have always answered to all our questions to the best of their abilities. We are very satisfied by choosing Ashoori Law firm as our lawyer.They are very approachable and will answer all your questions quickly. Special thanks to Lahaina, Chris, Elaine and all the team members with whom we interacted during the visa application process.Sincerely,Sweta Bharodia.read more
Michael - David
12:45 11 Aug 22
It is my pleasure to testify to my extremely positive experience working with the Ashoori Law Team in regards to the recent renewal of my O-1 Visa. This Visa renewal was complex as it involved factors such as a patent I hold, the relationship with... the company that I am working with, as well as an arts and entertainment component. The members of the team were professional and attentive and were able to secure the renewal within a surprisingly short amount of time. I would highly recommend their services for anyone who is seeking the right immigration solution particularly where the petition has a business component.Sincerely,Michael-Davidread more
Jessie Vasquez Hurst
17:47 10 Aug 22
Ashoori Law made sponsoring an employee's visa very easy and free of stress. They explained everything in detail and were very prompt with their responses and action items. It was a very fast and smooth process that was not outrageously expensive. I... would definitely recommend them and use them again.read more
mubashir ahmed
01:56 10 Aug 22
Thank you so much Michael Ashoori for all your help regarding my wife's work Authorization as an E2- dependent. We truly appreciate your honesty and making this whole process very easy and straight forward for us from the time of the application... till getting the EAD card. Your whole team was exceptional in providing the great advice. Thank you for responding to our emails and phone calls promptly. Our special thanks to James and Lahaina, both were very active and efficient. This was our first experience with any immigration lawyer, and it was very pleasant.We highly recommend Michael Ashoori Law office for any immigration services.read more
Ritesh Chutani
19:11 09 Aug 22
Michael has been very helpful with my reentry permit application. He has been very prompt in answering all the questions I had. He explained how I should go ahead with my application and has supported all along in last few months since the... application process started. I highly recommend his services.read more
Junko Iizuka
22:43 28 Jul 22
From the bottom of my heart, I would like to express my gratitude to the Ashoori Law team, especially Kelly Raposa. Much of my time & energy was needed to go to the hospital daily to take care of my very sick mom. Thanks to Kelly’s genuine kindness... & willingness to answer even the smallest of questions, I was able to focus more of my time & energy on my mom, & was able to be by her side during her last final week. I would highly recommend this firm to anyone - from the moment I started working with them, it was evident that they deeply care about all their clients.read more
Travis Steinke
20:23 27 Jul 22
The team at Ashoori law were helpful throughout the entire visa experience. Would, and have, recommend to anyone looking into the E2 visa route. Thank you!
Pradeep Sharma
14:35 27 Jul 22
Great attorney and very impressed with the professionalism. Highly recommend this place for E2 visa needs.
Michael Ashoori, Esq.
U.S. Immigration Lawyer
I’m a U.S. immigration lawyer and I help families, professionals, investors, and entrepreneurs get visas, green cards, and citizenship to the United States.
Since starting my law firm, I’ve helped hundreds of people from all over the world with their immigration needs. I’m very passionate, hard-working, and committed to my clients.
Got a question? Send me an email.