EB-1B Visa Guide

The EB-1B Visa is designed for outstanding professors and researchers who have achieved international recognition in their field. To qualify, applicants must demonstrate exceptional ability, be recognized as distinguished in their field, and have a U.S. job offer from an academic or research institution.

This visa does not require a Labor Certification (PERM), but applicants must have a written job offer for a permanent or long-term position.

Key Eligibility Requirements

1. Field of Expertise
   Applicants must be distinguished in a field taught at accredited U.S. universities or higher education institutions.
2. Job Offer
   • A written job offer from a U.S. employer is required.
   • The role must be either tenured, tenure-track, or a long-term research position.
3. Experience
   • A minimum of three years of teaching or research experience in the field.
   • Experience can be gained before or after earning a doctoral degree.
4. Evidence of Distinction
   Applicants must provide evidence meeting at least two of six criteria listed below.

Qualifying Evidence

1. Awards for Excellence

Proof of significant achievements recognized through major national or international awards.

• Examples:
  • Awards from esteemed organizations or professional associations.
  • Academic thesis awards.
  • Awards for presentations at prominent conferences.

2. Membership in Exclusive Associations

Membership in organizations requiring outstanding achievements as a condition of entry.

• Examples:
  • Membership in professional organizations exclusive to distinguished professionals.
  • Association with prominent academic or research institutions.

3. Published Material About Your Work

Documentation of others discussing your work in professional or mainstream media.

• Examples:
  • Articles in newspapers, academic journals, or books.
  • Online publications discussing your research or contributions.

4. Peer Review or Judging

Evidence of participation as a judge or peer reviewer in your field.

• Examples:
  • Reviewing academic publications or grant applications.
  • Evaluating doctoral dissertations or conference submissions.

5. Original Contributions

Evidence of original and significant contributions to your field.

• Examples:
  • Peer-reviewed articles discussing your work.
  • Letters of support from experts in your field.
  • Patents or commercial applications of your research.

6. Published Academic Work

Evidence of research or articles published in esteemed academic journals or conferences.

• Examples:
  • Articles in peer-reviewed journals.
  • Presentations at recognized conferences.

Process for EB-1B Visa Application

Step 1: Employer Sponsorship

The sponsoring U.S. employer must file Form I-140, Immigrant Petition for Alien Worker, with USCIS. The employer must:

• Submit a written job offer.
• Demonstrate the ability to pay the offered salary.

Step 2: Evidence Submission

The employer and applicant must provide documentation proving the applicant meets the eligibility criteria.

Step 3: Adjustment of Status or Consular Processing

• If in the U.S.: File Form I-485, Adjustment of Status.
• If outside the U.S.: Complete consular processing at a U.S. embassy or consulate.

Key Considerations

1. Permanent or Long-Term Role
   • For research positions, the role must be for an indefinite or long-term period, as tenure is not common for research-only roles.
2. Evidence Evaluation
   USCIS evaluates not only the quantity but also the quality of the evidence submitted. Strong documentation is key to proving distinction.
3. Memorandum Guidance
   USCIS considers the following as strong evidence of distinction:
   • Peer-reviewed presentations or publications.
   • Letters from experts discussing the applicant’s contributions.
   • Citations of the applicant’s work in academic literature.
4. Attorney Support
   Consulting an immigration attorney experienced in EB-1B cases can improve the quality of the petition and strengthen the application.

The EB-1B visa offers a streamlined path to permanent residency for outstanding professors and researchers, provided they meet the rigorous standards of distinction and secure a qualifying U.S. job offer.