The EB-1B Visa is designed for outstanding researchers or professors under employment-based immigrant category, which enables researchers and professors who possess at least three years of teaching or research experience and who have been internationally recognized for their achievement or specialization in academic area to enter into the United States and work in the specific academic areas. The EB-1B holders’ spouses and children under 21 would be eligible for permanent residency under the same visa status. EB-1B Visa is subject to the annual numerical quota limitation of 40,000, which simultaneously shares with other EB-1A and EB-1C petitions. A cutoff date is also imposed to petitions for certain nationals, including China and India.
To qualify for EB-1B Visa, the petitioner must demonstrate that:
Researchers or professors who hold internationally recognized achievement in the academic field may be eligible for this type of EB-1B Visa.
EB-1B Visa is designed for foreign researchers or professors who have been internationally recognized as outstanding in the particular academic field and possessed three-year teaching or research experience and permanent job offer to immigrant to the United States and continuously work in the scientific or scholarly fields. The academic field refers a body of specialized knowledge offered for study at an accredited United States university or institution of higher education and which is larger than a very small area of specialization in which only a single course is taught or is the subject of a very specialized dissertation in the academic field. In addition, Outstanding Professors or Researchers should stand apart in the academic community through eminence and distinction based on international recognition. The petition must be accompanied by documentation evidencing the outstanding achievement which meets at least two of the following categories:
Not every criteria applies to each professor or researcher, and moreover, the meanings of these criteria can be ambiguous. Visa2US can assess which of these criteria best suit your potential EB-1B case.
The required three years of teaching or research experience includes experience obtained while pursuing an advanced degree, provided the researchers or professors acquire the degree, and the teaching position requires the researchers or professors to bear full teaching responsibility, or the research conducted toward the degree has been recognized as outstanding in the academic field. Letter(s) from a previous or current employer, an employment agreement and other documentation concerning the researchers’ or professors’ achievement or contribution to the particular academic field must be submitted to submitted for support.
The petition requires a job offer of a permanent research position, or a tenured or tenure-track teaching position in academic field. The qualified prospective U.S. employer could be an university, similar academic or scientific institution, or even private company, provided it has at least three full-time employees in research activities and has achieved documented accomplishments in an academic field.
However, the U.S. government competent authority at any level is not eligible to be the EB-1B sponsor unless such authority is a U.S. university or institution of higher education. The permanent job offer which is eligible for EB-1B purpose must either be a tenured or tenure-track teaching position or permanent research position in the academic field of a U.S. university or similar academic or scientific institution, or a permanent research position in the academic field of a department, division or institution of private company. Besides, such particular academic field must be the one which the researcher or professors have three years of prior experience in teaching or research.
The spouses and children under the age of 21 of researchers or professors with achievements qualify for permanent residency under the EB-1B Immigrant Program to accompany or follow the researchers or professors with achievements through the adjustment of status or consular processing. However, the Common Law marriage is not acceptable and a derivative beneficiary relationship would not be recognized accordingly.