EB-1 is one of the three employment-based first preference visas. It is intended for three groups of priority workers that include outstanding professors or researchers, foreign nationals with extraordinary ability in the sciences, arts, education, business or athletics, or multinational executives or managers. If you are an outstanding professor or outstanding researcher, you might be eligible for EB-1B. Unlike EB-1A, EB-1B requires that the petitioning employer demonstrate that the alien has an outstanding ability.
Advantages of EB-1B Status
- An outstanding professor or researcher does not require a labor certification application.
- For the EB-1B process, the employer is the petitioner, and the outstanding professor or researcher is the beneficiary.
- It includes the option of Premium processing by the USCIS.
The following information elixplains the process of applying for EB-1B:
1. File a Form I-140, Petition for Alien Worker. The purpose is to prove that the applicant is an outstanding professor or researcher. Form I-140 application procedure.
2. Background check. The applicant and his/her family members must prove that they do not have prior immigration or criminal violations or other problems that would make them ineligible for the green card. It explains the applicant' entire history in his field and begins by explaining how the applicant got involved in the field and improved over the years. Therefore, the applicant must provide extremely detailed information about his education, training, work experience, and other qualifications.
3. File a Form I-485 or Take Consular Processing Interview. Upon approval of Form I-140, the applicant should file Form I-485 application for adjustment of status or take consular processing interview at a US consulate in his country. The purpose is to become a lawful permanent resident of the US. Form I-485 application procedure and consular processing.
4. Receive Green Card. The permanent resident card (Green Card) will be mailed to the applicant's home if the application is approved by USCIS.
Eligibility Criteria & Documents
The eligibility criteria for EB-1B visa is as follows:
- You must demonstrate international recognition for your outstanding achievements in a particular academic field.Â
- You must have at least 3 years experience in teaching or research in that academic area obtained while in pursuit of an advanced degree.
- You must be entering the United States in order to pursue tenure or tenure track teaching or a comparable research position at a university or other institution of higher education.
- You need an employer to sponsor your case.
A sponsoring employer must be either:
1. United States university or institution of higher learning or;
2. Private employer who employs at least three persons full-time in research positions and has achieved documents accomplishments in an academic field.
Details of the required evidence & documentations which are required to prove that the alien beneficiary meets EB-1B outstanding researcher or professor criteria are mentioned below.
- An offer of employment from the prospective US employer.
- An alien applicant must file 2 out of the 6 listed documentary evidence.
- Evidence of receipt of major prizes or awards for outstanding achievement in the academic field.
- Evidence of membership in associations that require their members to demonstrate outstanding achievement.
- Evidence of published material in professional publications written by others about the alien's work in the academic field.
- Evidence of participation, either on a panel or individually, as a judge evaluating the work of others same or allied academic field.
- Evidence of original scientific or scholarly research contributions in the field.
- Evidence of authorship of scholarly books or articles (in scholarly journals with international circulation) in the field.
For employment-based immigration, the USCIS often offers the option of premium processing. This policy has been instituted since September 2006. USCIS EB-1B processing takes about 6 months. However, if you select premium processing for your EB-1B visa, the USCIS will process the case within fifteen days.
Application: For premium processing, you need to file Form I-907.
Fee: USD 1,000
Notes on EB-1B
It is possible to file Form I-485 application concurrently with Form I-140 application. You can do so by submitting the Receipt Notice of the pending I-140 with the I-485 application.
The request for Premium Processing for I-140 employment-based petitions can be filed either concurrently with the I-140 or after the I-140 has already been filed.
If you are outside the US, you will receive an immigrant visa attached to the passport at the U.S. port of entry that will serve as evidence of immigrant status until you receive the Green Card in mail.
Aliens with extraordinary ability are advised to enter the United States to continue working in their area of expertise.