EB-1(B): Outstanding Professors and Researchers
Under the EB-1(B) process, certain foreign-born outstanding professors and researchers may obtain permanent residence in the United States without having to undergo the labor certification (PERM) process. The EB-1(B) like the other EB-1 categories, is current for visa processing, meaning qualifying applicants are processed much faster than other employment-based categories. In such cases, the immigrant visa petition can typically be submitted concurrently with the Green Card application, if the applicant is in the U.S.
EB-1(B) immigrants require an offer of employment from a prospective U.S. employer, in the form of a letter from a qualifying university or institution of higher education or research. Additionally, in order to qualify, the applicant must:
- Possess at least three years of experience in teaching or research in the academic area,
- Be internationally recognized as outstanding in his or her field, and
- Be coming to the U.S. to:
- work in his or her field as a tenure (or tenure-track) teacher at a university; or
- comparable position with a university or institution of higher education to conduct research in the area; or
- comparable position to conduct research in the area with a department, division, or institute of a private employer (Note: to qualify, the department, division, or institute must employ 3+ persons full time in research activities and have attained documented accomplishments in an academic field) , and
“Outstanding” is proven by submitting documentation of at least two of the following:
- The award of major prizes or awards for outstanding achievement;
- Membership in associations that require their members to demonstrate outstanding achievements;
- Articles and other content in professional publications written by others about the alien’s work in the academic field;
- Judging — either on a panel or individually — the work of others in the same or allied academic field;
- Original scientific or scholarly research contributions in the field;
- Authorship of scholarly books or articles (in scholarly journals with international circulation) in the field.
Qualifying Professors and Researchers favor the EB-1(B) classifications due to the relatively speedy processing time from beginning to end. However, a detailed analysis of the prospects of the case at the outset is critical. Contact our law firm for a detailed evaluation of eligibility. Shortly after receiving a copy of your resume, we will provide a recommendation and, in certain cases, an analysis of other possible options, including: O-1, NIW, H-1B (cap subject and cap exempt) and Labor Certification immigration processes.