Outstanding Professors or Researchers are considered priority workers who are internationally recognized as exceptional in a particular scientific or scholarly field. They must also have at least three years of experience in teaching or research. More specifically, foreign nationals applying for the EB-1B designation must prove three general qualifications:
A. The foreign national has been internationally recognized for his or her outstanding achievements in a particular academic field. EB-1B petitioners must include documentation establishing that the immigrant visa applicant has satisfied at least two of the following six criteria:
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- Evidence of receipt of major prizes or awards for outstanding achievement.
- Evidence of membership in associations that require their members to demonstrate outstanding achievements.
- Evidence of published material in professional publications written by others about the alien’s work (i.e. more than merely citing the aliens work).
- Evidence of participation, either on a panel or individually, as a judge of the work of others in the same or in an allied academic field.
- Evidence of original scientific or scholarly contributions in the field.
- Evidence of authorship of scholarly books or articles in academic or scholarly journals with international circulations in the field.
B. The foreign national has at least three (3) years of relevant research or teaching experience in a particular academic field. Note that any experience accrued while the applicant was in pursuit of an advanced degree, such as a Ph.D., can only be counted toward this requirement under three scenarios: (1) the foreign national had already acquired the degree; (2) the teaching duties were such that the foreign national had full responsibility for the class taught; or (3) the research conducted toward the degree was recognized as outstanding within the academic field. All work experience must be documented by detailed letters from former employers.
C. The sponsoring employer is providing a job or future job offer to the foreign national for a permanent research position or a tenured or tenure-track teaching position in the United States. As with all employment-based, first-preference petitions, EB-1B petitions do not require a labor certification. However, unlike self-petitioned EB-1A immigrant visa applications, EB-1B petitions are employer-sponsored. This means that the foreign national must have a permanent job offer with a U.S. employer where the applicant will continue to demonstrate his or her outstanding abilities as a researcher or professor in that capacity.
A job offer to an applicant in the EB-1B category is generally provided by a University or academic or scientific institution, but it can also be offered by a private employer. If the offer is from a private employer, the employer must have at least three full-time researchers on its workforce. Additionally, the employer must supply documentation speaking to its own research accomplishments and standing in the relevant academic or research field.
Procedurally, an employer must file Form I-140, Petition for Immigrant Worker on behalf of the EB-1B applicant. Processing times vary based on filing location; the 15-day Premium Processing service is also available for interested applicants.
Upon approval of the Form I-140 petition, USCIS will adjudicate the applicant’s Form I-485 Application for Adjustment of Status for employees who are currently in the United States. Alternatively, the National Visa Center will review documentation for Visa Processing for applicants who are outside the United States and need to attend a visa interview at a Consulate or Embassy abroad.