Unlike self-petitioned EB-1A case, the worker in the Outstanding Researcher or Professor, or EB-1B classification, requires employer’s sponsorship. In addition, unlike EB-1A petitions, EB-1B petitions require permanent job offers meaning that a U.S. employer must be the petitioner. For this classification, the petitioning employer must show that the alien has an international reputation for being outstanding professional in a particular academic field. This classification specifically requires that strict qualifications be met not only by the employee, but also by the employer.
The foreign national will have to show at least three years of experience at either teaching or research in the relevant academic field and present evidence in at least two of the following areas in order to establish that he/she is internationally recognized in their academic field:
- receipt of major prizes or awards for outstanding achievement;
- membership in an organization that requires outstanding achievement;
- published material about your work;
- participation, individually or on a panel, judging the work of others;
- original scientific or scholarly contributions to the field;
- authorship of scholarly books or articles;
- other comparable evidence.
As with other merit-based categories, careful and specific definition of the field of endeavor is crucial. Letters from experts in the field, attesting to the foreign national’s achievements and “outstandingness” can be among the most powerful evidence. The foreign national must be employed or have a job offer to seek permanent residence in this category. Labor certification is not required. Since the labor certification process can be quite lengthy and burdensome, this category is appealing for qualified individuals.
Complete the below questionnaire for a free evaluation of your credentials to determine if you might qualify for the EB-1B category.
Even if you do not qualify for an EB-1 visa, a number of options may still be available to you. We can discuss an EB-2 visa with a national interest waiver and other potential options. With many years of immigration experience and excellent reputation in the community , we can help you determine whether there is an immigration option available for you.