EB1B Outstanding Professor & Researchers

Introduction

Outstanding professor or researcher petition must demonstrate that the individual is recognized internationally as outstanding in a specific academic area and has at least 3 years of experience in teaching or research in the academic area. This visa classification can be further divided into two subgroups: (1) outstanding professors and (2) outstanding researchers.

Outstanding professor is for a tenured position (or tenure-track position) within a university or institution of higher education to teach in the academic area.

Outstanding researcher is for a permanent research position with a university or institution of higher education, or with a department, division, or institute of a private employer. Private employer must employ at least 3 persons full-time in research activities and has achieved documented accomplishments in an academic field.

Who can submit EB1B petition?

University, institution of higher education, or a private employer desiring and intending to employ a professor or researcher who is outstanding in an academic field may submit this immigrant petition. Thus, this immigration visa petition requires an employer’s job offer. An individual may not submit an EB1B petition on his or her behalf.

EB1B position must be a permanent position, which means either tenured, tenure-track, or for a term of indefinite or unlimited duration, and in which the employee will ordinarily have an expectation of continued employment unless there is good cause for termination.

Labor certification is not required, but the employer may be required to show its ability to pay the offered salary.

What are the key requirements of an EB1B petition?

USCIS determinates whether a professor or researcher is recognized internationally as outstanding in the academic field based on a two-step analysis (similar to EB1A):

Step 1: EB1B case must first satisfy at least 2 out of following 6 categories:

Receipt of major prizes or awards for outstanding achievement in the academic field;
Membership in associations in the academic field which require outstanding achievements of their members;
Published material (including title, date, and author, and any necessary translation) in professional publications written by others about the alien's work in the academic field;
Participation, either individually or on a panel, as the judge of the work of others in the same or an allied academic field;
Original scientific or scholarly research contributions to the academic field; or
Authorship of scholarly books or articles (in scholarly journals with international circulation) in the academic field;

Note: If the above categories do not readily apply to the occupation, the individual may submit comparable evidence to establish that the professor or researcher is recognized internationally as outstanding in the academic field.

Step 2: Totality of the evidence must demonstrate that the individual is recognized internationally as outstanding in a specific academic area

When can I get my green card?

EB1B approval does not automatically result in an immigrant status. Approval means that USCIS has determined that the individual is qualified to become a lawful permanent resident (LPR or “green card” holder) under this immigrant visa category.

The individual must separately apply to become a lawful permanent resident.