EB-1B Visa for Professors and Research Professionals

The EB-1B 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 EB-1B 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 EB-1B visa.

The EB-1B visa is an EB-1 visa classification for outstanding professors and researchers.

To qualify for an EB-1B visa, you must show:

• That you are internationally recognized as outstanding in a specific academic area in order to meet the EB-1B requirements;
• That you have at least 3 years of experience in teaching and/or research in your academic field; and,
• That you will be working as a professor or researcher for a U.S. university or institute of higher education, or that you will work as a researcher for a private employer, consistent with the EB-1B requirements.

The EB-1B 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 EB-1B petition must be filed by your prospective U.S. employer in accordance with the EB-1B requirements. The U.S. employer is the petitioner and you are the beneficiary.

A unique advantage of the EB-1B visa is that it does not require a labor certification. A labor certification is issued by the U.S. Department of Labor and can be time consuming and tedious. Your U.S. employer can skip the labor certification process and file an EB-1B petition based on a qualifying job offer.

What are the Benefits of an EB-1B Visa?

i. Immigrant Visa

The EB-1B visa is an immigrant visa classification that qualifies for a green card when the EB-1B requirements are satisfied.

With a green card, you can travel in and out of the United States.

Your spouse and unmarried children under 21 may also qualify for green cards. As lawful permanent residents, they may work and attend school in the United States.

ii. No Labor Certification Required

Multiple employment based immigrant visas such as an employer-sponsored green card require the US employer to get an approved labor certification.

A labor certification is issued by the U.S. Department of Labor and generally confirms that there are not sufficient able, willing, qualified, and available U.S. workers for the position and that employing the foreign worker will not adversely affect the wages and working conditions of similarly employed U.S. workers.

The labor certification process is time-consuming and tedious, which often discourages U.S. employers from sponsoring foreign workers for a green card.

The EB-1B visa does not require a labor certification. Instead, a U.S. employer can just hire the foreign worker through a job offer.

iii. Lower Standard than EB1A Extraordinary Ability

The EB-1B visa requires you to be internationally regarded as outstanding in your field, as part of the EB-1B requirements. While this is a high standard to meet, it is a lesser standard than the EB-1A visa which requires a showing of extraordinary ability.

For some candidates with a qualifying permanent position and strong academic evidence, the EB-1B requirements may be a better fit than the EB-1A requirements.

What are the EB-1B Visa Requirements?

To qualify for an EB-1B visa, there are 3 main requirements:

1. You must be internationally recognized as being outstanding in an academic field under the EB-1B requirements.
2. You must have at least 3 years of experience teaching and/or doing research in your academic field
3. You must have a U.S. 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 EB-1B 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 under the EB-1B requirements:

• 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.

Additional Information on Major Prizes and Awards for Outstanding Achievement in Your Field

The award does not have to be an international award, but the evidence should show that it is a major prize or award for outstanding achievement in the academic field.

USCIS may consider:

• The award’s reputation
• Selection criteria
• Number of recipientsOverall significance.

An award received while you were a student may qualify if the evidence establishes that it was a major prize or award for outstanding achievement in the academic field.

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 EB-1B 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 conducted 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 EB-1B visa, you must have a U.S. job offer to work in either a teaching position or as a permanent researcher under the EB-1B requirements.

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 U.S. 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 for satisfying this requirement:

1. 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.

A teaching position that is temporary or is not tenured or tenure-track generally will not qualify. USCIS will review the actual terms and nature of the offered position rather than relying solely on its title.

2. 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].

3. 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, and the department, division, or institute of the private employer must employ at least 3 people full-time in research positions.

Additionally, the department, division, or institute of the private employer must have achieved documented accomplishments in the academic field.

What Documents are Needed to Apply for an EB-1B Visa?

The documents you submit with your EB-1B petition are highly important to demonstrating that you meet the EB-1B requirements. 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 U.S. employer must be in writing. Oral offers of employment will not qualify.

v. Letters of Endorsement 

One of the most valuable components in an EB-1B 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

What is the Process of Getting an EB-1B Visa?

Here’s a simplified breakdown of the EB-1B visa process:

Step 1: Evaluate EB-1B eligibility and consider working with an immigration lawyer

Hiring an immigration lawyer is not legally required, but an attorney may assist with evaluating eligibility and preparing the petition.

Your immigration lawyer will first determine whether or not EB-1B 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

Form I-140, Immigrant Petition for Alien Workers, is filed with USCIS by your prospective U.S. employer. Your employer’s immigration lawyer, if one is retained, may prepare and submit the petition with supporting documents such as evidence of your awards and letters of endorsement.

Step 3: Adjustment of Status or Consular Processing

There are 2 options for step 3:

1. Adjustment of status
2. Consular processing

Adjustment of Status

Adjustment of status may be available to certain people who are in the United States and meet the applicable eligibility requirements, including having an immigrant visa immediately available and not being subject to an adjustment-of-status bar unless an exception applies.

The adjustment of status quite literally means adjusting from a non-immigrant status to immigrant status. When an immigrant visa is available and you are otherwise eligible to adjust status, you may file Form I-485, Application to Register Permanent Residence or Adjust Status, with USCIS.

Once approved, you become a lawful permanent resident. The entire adjustment of status process takes place in the United States.

Consular Processing

Consular processing is the process of applying for an immigrant visa through a U.S. embassy or consulate abroad. After USCIS approves the Form I-140 and an immigrant visa is available, the case generally proceeds through the National Visa Center.

You will complete Form DS-260 online, submit the required documents, and attend an immigrant visa interview scheduled according to the applicable government procedures.

Upon completion of the interview, if successful, you will be issued an EB-1B visa.

How Does USCIS Decide Whether You Are Outstanding in Your Field?

USCIS takes a 2-step approach when deciding whether you meet the EB-1B requirements for being internationally recognized as outstanding in your field:

1. Evidentiary Threshold
2. Final Merits Determination

Step 1: Evidentiary Threshold

During this step, USCIS determines whether the evidence objectively meets at least 2 of the regulatory evidentiary criteria or otherwise qualifies as comparable evidence where appropriate. 

USCIS generally focuses on whether the evidence meets the requirements of the individual criteria rather than deciding at this stage whether the total record establishes international recognition.

Step 2: Final Merits Determination

During this step, USCIS evaluates the totality of the evidence to determine whether you are internationally recognized as outstanding in your specific academic 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.

Frequently Asked Questions

• What is the difference between EB-1A and EB-1B?
  EB-1A is for individuals who can demonstrate extraordinary ability and may be filed without a permanent job offer or employer sponsor. EB-1B is for internationally recognized outstanding professors and researchers and must generally be filed by a qualifying U.S. employer offering a qualifying teaching or permanent research position. The better category depends on the person’s credentials and proposed employment.
• Can I apply for EB-1B without an employer?
  No. An EB-1B petition must generally be filed by a qualifying prospective U.S. employer. Unlike EB-1A, EB-1B does not permit the foreign national to self-petition.
• Does an EB-1B petition require a PERM labor certification?
  No. A U.S. employer filing an EB-1B petition does not have to obtain a PERM labor certification from the Department of Labor. The employer must still file Form I-140 and establish that the employer, offered position, and beneficiary meet the EB-1B requirements.
• Do I need to satisfy all six EB-1B evidentiary criteria?
  No. The petitioner must generally submit evidence satisfying at least two of the six regulatory criteria. Meeting two criteria does not automatically result in approval because USCIS also evaluates the total record to determine whether the beneficiary is internationally recognized as outstanding in the academic field.
• Can experience gained while completing a degree count toward the three-year requirement?
  It may count in certain circumstances. Teaching experience gained while pursuing an advanced degree may qualify when the person completed the degree and had full responsibility for the class taught. Research conducted during the degree program may qualify when the degree was completed and the research was recognized as outstanding in the academic field.
• Does an EB-1B job have to be a tenure-track position?
  A teaching position at a university or institution of higher education must generally be tenured or tenure-track. A research position does not have to be tenure-track, but it must generally be permanent, meaning it is of indefinite or unlimited duration with an expectation of continued employment absent good cause for termination.
• Can a private company sponsor an EB-1B researcher?
  Yes, a qualifying private employer may sponsor an outstanding researcher. The relevant department, division, or institute must employ at least three people full-time in research positions and must have documented accomplishments in an academic field.
• Can an EB-1B beneficiary’s family receive green cards?
  A spouse and qualifying unmarried children under 21 may generally apply as derivative beneficiaries. They must separately satisfy the applicable immigrant visa or adjustment-of-status requirements, and visa availability may affect when they can obtain permanent residence.

Conclusion

You should now have a much better understanding of:

• What the EB-1B green card category is
• The main benefits of the EB-1B category
• Who may qualify as an outstanding professor or researcher
• The requirement for international recognition
• The six regulatory evidentiary criteria
• How comparable evidence may be used
• The three-year teaching or research experience requirement
• The types of teaching and research positions that may qualify
• The requirements for university and private-employer petitioners
• The EB-1B petition and green card application process
• How USCIS evaluates EB-1B evidence
• How qualifying family members may obtain green cards

Approval depends on whether the petition establishes each EB-1B requirement through sufficient evidence. Clear organization and explanation can help USCIS understand how the evidence relates to those requirements.

It is very important to work with an immigration lawyer throughout this process to ensure your petition clearly satisfies the EB-1B requirements.

If you have any questions, or if you need help getting your EB-1B visa, email me at contact@ashoorilaw.com. I’m the founding attorney at Ashoori Law and I would be happy to help you.

Resources:

• Code of Federal Regulations Section 204.5

• Business Immigration: Law and Practice, 2ND ED Volume 2 Chapter 3: The Immigrant Visa Petition