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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:

  1. Possess at least three years of experience in teaching or research in the academic area,
  2. Be internationally recognized as outstanding in his or her field, and
  3. Be coming to the U.S. to:
    1. work in his or her field as a tenure (or tenure-track) teacher at a university; or
    2. comparable position with a university or institution of higher education to conduct research in the area; or
    3. 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:

  1. The award of major prizes or awards for outstanding achievement;
  2. Membership in associations that require their members to demonstrate outstanding achievements;
  3. Articles and other content in professional publications written by others about the alien’s work in the academic field;
  4. Judging — either on a panel or individually — the work of others in the same or allied academic field;
  5. Original scientific or scholarly research contributions in the field;
  6. 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.

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