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:

Code of Federal Regulations Section 204.5

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

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01:10 10 Feb 21

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When I decided to engage an immigration attorney in December, I knew I needed someone that had a track record of successful execution, had a support team that could collaborate to expedite the timeline, communicated professionally, and most... importantly, was confident in my ability to get the case approved.I interviewed thirteen highly experienced immigration attorneys that were recommended by my extensive business network. I came across many issues. First of all, I was quoted astronomically high rates with long timelines. I was recommended visas that did not fit my needs, which would ultimately result in more lengthy filings and high fees. Many of these attorneys had their own private practice where they had a bias towards one type of visa they were specialized in, so they recommended immigration solutions that did not meet my profile whatsoever. Further, they did not have a strong and large enough team so they couldn’t confidently work on an expedited timeline. On the other end of the spectrum were the attorneys who worked at large firms with hundreds if not thousands of employees – they recommended the most expensive and lengthy visas, which were unrealistic for my budget and timeline.When I shared my difficulty finding an immigration attorney with a friend of mine who is a corporate lawyer in Los Angeles, he was quick to recommend Michael Ashoori. After only a few minutes of speaking to Michael on the phone for our initial consult, I knew Ashoori Law could help me with my immigration case because of their customized approach, experienced team and confidence in the visa they were recommending. Over the course of a week, I worked with his team to put together a stellar and thorough case. A few weeks later, we received an approval! Working with the Ashoori Law team on my case was a great experience! I highly recommend Ashoori Law to anyone who needs US immigration services.read more

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23:38 11 Jan 21

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23:08 29 Dec 20

Keep up the good work!

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02:34 29 Dec 20

I had a great experience with Ashoori law Working with Lahaina has been great. She is very professional and knowledgeable in her field. I would strongly recommend this firm. I would like to thank all team of Ashoori Law from bottom of my heart.... They respond me immediately when i need their help, I appreciate all that they have done for me.your consideration,guidance,help and time. Thanks in bunchesread more

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22:07 28 Dec 20

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3 Dots IT Solutions

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I just want to say Ashoori Law firm has been the best I ever dealt with. Starting from the front desk receptionist, everybody is very professional and responsive. Lahaina is my attorney whom I worked with. She is very well organized and guided me on... the right direction towards a successful approval of H1 for my consultant. To my surprise, there wasn't a RFE at all. Thanks so much for your service and I would highly recommend them for any immigration related service.read more

Art E

18:49 30 Nov 20

After multiple, futile attempts to seek Immigration Attorneys who are knowledgeable in worker visas (specifically L1A), we were finally able to find Ashoori Law! Our first L1A case submitted to Ashoori Law was successfully APPROVED. Despite the... most recent restrictions and suspensions with worker visas, Ashoori Law was able to put forth a compelling petition. Ashoori Law's internal processing systems and network of subject matter experts makes submitting a petition much easier and understandable. Highly recommended!read more

Jaco

23:58 19 Nov 20

Working with Michael and his team has been a great experience. You can see they have been doing this for years and everything is very well organized. I would highly recommend them for any immigration or visa requirements.

ujjwal luthra

18:43 13 Nov 20

I had wonderful Chat with Mr. Rohit Srinivasa. He was very kind, loyal and helpful. He is truly an asset for the firm. Looking forward to work with Ashoori Law firm. Keep it Up. Stay Blessed.Good Luck.🤝

Karthik Easwaran

16:47 10 Nov 20

Rohit S was very responsive!

Kemi Bamidele

18:26 05 Nov 20

Ehsan Mehri was very professional and compassionate when I spoke to him. He answered all my questions and I was so at peace after speaking to him. I absolutely recommend this law firm. They are a bunch of geniuses and they know what they are doing.

Lung Lee

05:02 29 Oct 20

Professional, kind and really helpful. I'd like to special thank to Rohit for his passion and caring.

Deepak Chandani

19:10 23 Oct 20

Michael, Lahaina and team are the best immigration lawyer firm - I wish I had them before I see the difference in service they are very responsive and professional. They got my H1B approved for three years.

Vincent Morrow

05:57 19 Oct 20

First of all, let me tell you why you should take my review seriously. I've lived in the US for almost 14 years, and I've always kept my visa status current. So, in the past 14 years, I worked with 4 immigration law firms. I've also met, exchanged... emails, and/or talked with countless other immigration attorneys and lawyers. So, I have A LOT of experience with immigration attorneys (by the way, you should also know that there is a difference between an attorney and a lawyer. You'd want an attorney if possible). And 3 out of the 4 firms who actually worked on my case(s) were excellent (that's why my visa status is still current… obviously haha). I don't want to talk about the one (out of the 4 firms) because that one was bad (thank god, he didn't end up working on my case). I only want to talk about the good ones, and in this case, it's Ashoori Law firm. And I'd like to tell you that, if you're looking for an immigration attorney and/or an immigration law firm, look no further! You have found it! You don't even need to read the rest of my review. Just go, sign the contract, and start working with them now, period!Okay, so you've decided to read further down the line? Fine. Here is why you should choose Ashoori Law. I'm a small business owner, so I know a thing or two about how a group of people get things going and get things done. And in order for something to go right, a lot of other things have to work right as well. Your dinner tastes good? The person(s) who cooked it must have done it right. And so does the farmer who helped grow the veggies you’re having now. Similarly, Ashoori Law must be doing a lot of things right because they just got my visa extended in 14 days! How great is that!?In addition, I’d really like to talk about the one attorney at Ashoori Law who worked on my case and got my visa extended. Her name is Lahaina Araneta (I also want to mention her paralegal, Daniel Chausow, who also did a great job on my visa extension. Moreover, there may be other people at Ashoori Law who helped with my case that I don’t know about). In short, Lahaina is one of the best immigration attorneys I have ever met. She is smart, thorough, resourceful, and positive. She is a genuinely good person who actually cares about immigrants and understands the hardships immigrants go through (let’s face it. The system is stacked against immigrants in every possible way, so having an excellent immigration attorney who truly cares about immigrants is crucial). She always answers my emails within 24 hours if not immediately. She is resourceful, and she has ideas. She knows how to present a case and get positive results (I mean… you may have a good case, but you still need to present it in a good way to get the result(s) you want). And like I said, if something works right, a lot of other things must be working right as well.Okay, I’ll stop here for now (I’ll update my review and write even more as time goes on). In short, just go and work with Ashoori Law. You’ll be glad that you did. Thank you!read more

eddie lavian

21:58 16 Oct 20

MR Ashoori was amazing!!help a lot with the case. Thank you

highland cell24connect

18:45 12 Oct 20

I give an excellent 5 star review to Michael Ashoori law firm and his team especially Lahaina Araneta for their excellent service for E-2 approval. The whole team is very professional and detail oriented and they provide response very promptly.... Along with being compassionate towards their clients, they provide amazing legal advice on immigration matters which helps clients get approval in quickest time possible. Hats off and highly recommend to others !!read more

Life Mizrahi

19:30 08 Oct 20

I would like to thank Michael Ashoori and his wonderful team!We had a very complicated immigration situation that he and his team were able to clear up and accomplish our goals.The price was very reasonable and The timing was excellent.Thank... you for all of the wonderful work.read more

chaya mizrahi

19:17 08 Oct 20

We had a very difficult situation with our legal immigration status and thanks to Michael and his Wonderful team they were able to fix everything within a reasonable amount of time and for a decent price.We highly recommend this team of attorneys... for all of your Immigration needs and beyond.read more

Bhavna G

21:10 29 Sep 20

Phenomenal service! Rapid response and attention to detail. The team were extremely diligent with the entire process and kept me up to date through the process! We had lots of hiccups with USCIS and CoVid causing multiple delays. I was extremely... impressed by Lahaina and her team. Right until the very end they messaged me, shared updates and provided guidance on next steps. Phenomenal service and. I’ll definitely be using them again. Thank you to the entire team at Ashoori law! I couldn’t have gotten through this process without you!!I highly recommend for all your immigration legal needs!!! Thank you so much!read more

Gene Boekhoudt

02:22 29 Sep 20

Lahaina Araneta of ASHOORI LAW was instrumental in assisting me to get my E2 Visa. The service was always on point and result driven. I was always well informed and prepared for my Interview.I highly recommend using the service of ASHOORI LAW.

Umesh Joshi

20:49 26 Sep 20

It was very nice experience and really helpful for all kind of services

Dmitry Bak

23:46 13 Sep 20

Michael helped us a lot preparing and sending all the needed documents to USCIS. We were very squeezed in time, and I even had to drive from SF to LA to deliver the originals in person, quicker than USPS or Fedex could do, to save one day. Michael... met me in his office at night time, so kind! During the entire period, Michael's team kept us informed about every single step they did, and finally we got all the needed approvals from USCIS. I highly recommend Michael, his company is a great example of how an ideal lawyer/attorney should work.read more

Freuet Solutions LLC

22:49 08 Sep 20

Mike reached out to me personally and gave a good and detail explanation of possible options to take in my case.I recommend you reach out to him with your immigration matters.

Ha Ka

17:48 02 Sep 20

I can only recommend Michael Ashoori for all your immigration needs and inquiries . Very proffessional. Thanks to Michael Ashoori and all his team. I will be back soon again!

Tarek

11:57 02 Sep 20

Started working with Michael Ashoori firm around march this year during the pandemic, but despite these difficult times they guided me step by step and they were always there when ever i had a question or clarification.Lahaina was great, very... professional immigration attorney and of very help through out all the process.She guided me all the way till i got my L1 visa approved.They have this portal system while they post in details every single document needed to ensure the success of the petition. I just had to collect all these documents, upload them on the portal and then they take it from there, they prepared everything and filled up the petition. Their job doesn’t stop here since most of the petitions gets an RFE from USCIS, so they continue by preparing whats needed and resubmit again till i got the reply that my petition was approved.Over all, Michael and his team are very professional and they really know what they are doing and they stay updated with all the recent laws and regulations going on. Highly recommendedread more

Ahmed Gaber

21:44 03 Aug 20

Good office because he offer free consultation

Vj M

03:58 14 Jul 20

Mike and his team helped me with E2. They were very patient and professional throughout the process which got significantly delayed due to Covid. The attorney assigned to me was very knowledgeable and available to advise even at a short notice.... Overall, I had a very pleasant experience and would highly recommend Ashoori Law. Looking forward to working together again in the near future.read more

Gustavo Mas

18:03 07 Jul 20

My experience with Michael is remarkable, he is very professional and has profound knowledge in immigration laws, he made me feel like I was with the right lawyer, so rest assure, if you decide to work with him, you are very likely to be successful... at your case.read more

Allen Pourkhomami

18:58 25 Jun 20

Great institutions like Ashoori law firm are made by great people, and there are no finer individuals than those who dedicated themselves to assist clients with different cases like mine. “HONEST & EMPATHETIC” are the words that come to mind when I... think of Lahaina and the rest of her amazing team! Highly professional and experienced immigration attorney who provided excellent service, demonstrating personal attention to all details of your cases. They show compassion by studying clients' stories.They certainly know the immigration process and help you fully prepare for the case and interview. They are always making sure that the whole process goes very smooth. I especially want to thank “Lahaina Araneta” attorney & Michael Ashoori. If you are a really nervous client like me, these people are always super patient and kind with you. If anyone is looking for immigration help, “Ashoori law firm” should be your very first choice for sure because they can really get things done!Working with Lahaina Araneta was absolutely great. She helped me through my entire journey without any hesitations. I always got answers whenever I had questions. I will definitely work with “HER” again on my next journey. She helped me a lot from the beginning of my case (naturalization case). She is attentive to details and very informative. She also quickly responded to my questions about my status. I can't say enough about her. I was completely dazzled by her communication skills and courage in communications with the USCIS office. I am blown away by her integrity and all the hard work she has done on my behalf. I will always be grateful for all of her efforts. Lahaina I just want to thank you for the excellent work you did as my immigration attorney. I would like to express my heartfelt gratitude to you for all the cares and concerns you have shown me, and for working tirelessly. if it weren’t for your analytical skills and knowledge, the matter wouldn’t have been settled by now. I knew you have a lot of clients, so your prompt responses and attention to detail really meant a lot to me. Having an experienced attorney like you on my side was a good sign that I was walking into the right path to win the case. Thank you Lahaina for your support during my N-400 application process, and for helping me to get the desired outcome. You don't know how much your passion impacts the lives of others.read more

Sandie Galloway

18:41 10 Jun 20

Lahaina was one of 4 lawyers that I had an Initial consult with. She was the only one who took the time to truly understand my case. She was patient with me and very responsive. The most important thing is she was the only lawyer who believed in me.... She has world class professionalism. We successfully got my visa and I couldn’t have done it without her. Will never use another law firm. Highly recommend. She truly cares about her clients and goes the extra mile.read more

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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.

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