EB1B Visa Guide: Everything You Need to Know About the EB1B Visa

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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Ashish sinha
00:27 02 Oct 21
I reached Michel to get help on i765(L2 EAD) expedite request. He explained me the chances are slim yet filed the request on my behalf.They are just a message away and revert phone calls anytime. They try to explain every bit of your... case.Despite of my expedite request having a low chance of approval, I am glad that my case was picked it's all because Michel and his team prepared my case so well that I got the expedited request approved.I am so happy, kudos to Michel, venshkha, jaser.Ashish Sinharead more
Dina Ibrahem
22:56 01 Oct 21
I've been dealing with them for a year now, they helped me a lot, very professional and friendly! I am always comfortable taking their advices and consult them through my case and they never let me down. and most importantly is that they are very... humble and available literally any time i needed an advice or if I have any concerns.I also LOVE that they email me before any important appointment I would have, making sure that I receive the mails and always sending me soft copies just in case which is GREAT and they constantly keep reminding all the way till my appointment comes. I am still a client with them and very happy, Thanks to Vaneskha Wilson, Jeser Romero, Lahaina Araneta, Milena Manukyan, Elaine Leduna , Karla Samayoa and of course Michael Ashoori.read more
Sach Gill
19:39 30 Sep 21
Had a chat with Rohit Srinivasa. He is informative and possess good knowledge about the immigration related matters. Highly recommended.
Aniruddha Ghosh
16:53 30 Sep 21
Talked to Rohit Srinivasa from Ashoori Law. He is incredibly knowledgable about US immigration laws and is quite freindly. Highly recommended if you are a student on F-1 (OPT, STEM) or are looking to file H-1B.
Kristina Karalic
18:56 29 Sep 21
We accidentally found Ashoori Law online, but we're so happy we did because they have been nothing but outstanding! Ashoori Team has been helping us with multiple cases, including B, L visas and green cards. Their portal is very user friendly, and... their staff is always responsive, caring and detailed. I'd like to give a special shout-out to their Director of Legal Operations, Lahaina Araneta, who has been an absolute delight to work with. I am highly recommending Ashoori Law to anyone seeking immigration services!read more
Zulfa Sultana
18:18 29 Sep 21
I am glad I chose them. Above everything, they are friendly and work closely with you. Owner of the law firm himself is available to talk if needed. Highly recommending them.
Joao Castro
00:31 29 Sep 21
Michael and his team deserve more than a five star rating. I hired Mike already based on a recommendation from a friend of mine, who also requested his services. My friend gave him five star as well, and this could simply not be different.Since my... first contact with Michael, I've perceived his solid ethical principles, responsive professionalism and personal attention to all details in US immigration complex process. In my case, he was key for me to obtain I-131 permits for three Green Cards - and the documents were shipped after just six weeks after the process initiation. In another process, he has been immediately responsive to replace Green Cards. And all my contacts were online - which is a testimony of his great online reputation.If you are looking for US Immigration lawyer assistance for true delivery, great value and avoid risks and potential problems, the answer is Michael Ashoori Law, with his fantastic team, that really and personally takes care of your immigration needs.JCread more
Ahmad Jawid
01:45 28 Sep 21
Ashoori Law, Michael and his team are very professional , helpful and great people for their clients . i am very glad that i had Ashoori Law team for my paperworks . I recommend everyone Ashoori Law especially for Immigration purposes ask for... Michael .read more
Ariel 0054 Realty
01:43 28 Sep 21
Extremely professional teamWithout any doubt, they can handle with knowledge and expertise any caseYou are in good hands with them
Mittal Patel
20:29 27 Sep 21
Have worked with many immigration Lawyers. Ashoori law was very affordable and got back to me in timely manner. Made sure I was on time with my fillings and that we responded to our RFE with adequate info. Lahaina is one of their E2 lawyers and was... expert with these kinds of cases. Will hire them again for renewals.read more
Pragalath Mohandas
20:30 25 Sep 21
Amazing experience. Ashoori Law firm gave me hope and prepared a strong case & I got my E2 case approved in one week. I spoke to other immigration lawyers & i was not satisfied. its easy to communicate with everyone! I highly recommend them to... anyone looking to get immigration help!read more
bhakti savai
12:26 21 Sep 21
I had great experience with Ashoori Law. Professional, knowledgeable, responsive, client-centric, and timely! Highly recommended!
William & Heather Oon
01:17 20 Sep 21
We are grateful and thankful to Ashoori Law and its team. They are very understanding, patient, responsive with all our enquiries and prompt in providing updates to our status. We highly recommended their service.
Kaushik Kuila
19:43 17 Sep 21
I have used Michael Ashoori's Law Firm for my mother's Green Card processing. I have found them very professional and responsive along the way, answering all my queries in a timely manner. I'll readily use them for any immigrations needs in future.
Hyunwook Shin
07:45 10 Sep 21
Michael Ashoori and his firm helped us navigate the complex filing process, answer any questions we have with care, and eventually attain successful approvals. Highly recommended!
Sharon Shanaya
21:53 05 Sep 21
My case was a bit complicated due to my ex-husband and his family but this firm dealt with my I-485 case so nicely and professionally. I was given only 2 weeks to lodge my application due to my messy divorce. This firm made sure my case was filed... before my conditional green card expires. Got my green card in 5 months even during this Covid time when everything takes ages to process. I Will recommend them to anyone who is having difficulty with immigration. Absolutely the best. Don't waste ur time with other attorneys.read more
H. George
02:10 01 Sep 21
Very professional, they have a very good system to prepare your case and make proper follow ups.My case was a little bit complicated and other places they were taking advantage trying to charge me a lots of money but Michael never did... that.Recommending 100% best lawyer ever.read more
Linda Bradley
06:06 25 Aug 21
Very happy with your services 🙏🏻🙏🏻🙏🏻
jarka sakacova
01:08 24 Jul 21
I have a very pleasant experience with Rohit from Ashoori Law , he was very patient, professional and had a strong knowledge and answered all my questions in detail. I would recommend highly to use Ashoori Law service.
samah elwakkad
15:36 23 Jul 21
I would like to thank Ahoori law office and all the team who was helping us to obtain our L1A approvalThis office Law is truly dedicated to clients, very responsive and professional, they helped me get through so many obstacles.Can't thank them... enough for their effortsIt's really amazing how they guide their clients until they achieve their goals.Thank you Michael for the amazing dedicated team and a special thanks for Lahaina who is really an amazing person and very knowledgeable and really helpful and supportive, also Christina who has helped me a lot through this.You're the best guysKeep it upread more
raechel schofield
22:07 22 Jul 21
Highly recommend Ashoori Law. My adjustment of status was a smooth and easy process. They are always happy to answer any questions you may have along the way.
Kishore Kumar
21:13 22 Jul 21
I highly recommend Michael and his legal team for being thorough professionals. I worked with Lahaina Araneta and Kelly Raposa. Both are so helpful. They made my adjustment of status to register permanent residence a smooth and seamless process. I... definitely recommend their service !read more
Manoj Gunawardena
13:46 22 Jul 21
My experience with Ashoori Law is very good, all of my questions were quickly answered and clearly. The staff was qualified, friendly. Specially I worked with Mr. Rohit Srinivasa . I can highly recommend them.
Mohammad Ahraz Hussain
19:55 20 Jul 21
The whole process of evaluating the case, submission of RFE and then correspondence was extremely well done!
Zed Karkar
15:06 20 Jul 21
A Very helpful and professional law firm. helped us out with our application.
Inger Nicolaisen
14:57 15 Jul 21
Michael Ashoori’s professionalism and expertise is unmatched in the industry! My experience with Ashoori Law is very positive, all of my questions were quickly answered making my adjustment of status a very smooth process. The staff was... unbelievably friendly and ensured the best amount of care was taken with my case! I can’t recommend them enough!!read more
Sadaf Nadeem
00:42 09 Jul 21
I highly recommend Micheal and his legal team for being thorough professionals. Their knowledge and expertise are second to none and their work ethic is unmatched.
kvshirazi
18:28 08 Jul 21
I had a great experience with Ashoori Law. Lahaina, Michael and Ehsan helped me to get my TN visa approved in no time.Lahaina is very responsive. Being able to reach out and talk to your lawyer/attorney is exactly what you need when you apply for... your visa...I definitely recommend them for any immigration services.read more
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Michael Ashoori Headshot

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.