For an EB-1B visa, both the petitioning employer and the alien beneficiary must work together to present information that will prove the overarching claim of the petition, i.e. that the alien is an outstanding member of and contributor to his or her respective field as either a researcher or professor. Since the employer is the petitioner in EB-1B cases, it is paramount that the alien beneficiary and his or her attorney have the full support of the employer throughout the entire process.
To be eligible as an EB-1B beneficiary, aliens must first fulfill three basic qualifications:
They must have earned international recognition for outstanding achievements in a particular academic field.
They must have accrued at least three years of relevant research or teaching experience in that particular academic field.
They must have secured a permanent job offer for a research position or a tenured or tenure-track teaching position from their sponsoring employer.
Specific Requirements and Documentary Evidence
After fulfilling the basic criteria above, prospective EB-1B beneficiaries must additionally satisfy at least two of the following six requirements:
Evidence of receipt of major prizes or awards for outstanding achievement
Evidence of published material in professional publications written by others about the alien's work (i.e. more than merely citing the alien’s work)
Evidence of participation, either on a panel or individually, as a judge of the work of others in the same or in an allied academic field
Evidence of original scientific or scholarly contributions in the field
Evidence of authorship of scholarly books or articles in academic or scholarly journals with international circulations in the field
In order to establish that he or she has fulfilled two or more requirements from the above list, an alien’s petition should include compelling and detailed documentation. Adjudicating officers at U.S. Citizenship and Immigration Services (USCIS) look favorably upon the following types of documentary evidence:
With respect to that last bullet point, testimonials generally take the form of recommendation letters written by experts in the alien’s field. These letters should include:
If you feel that you meet the above-listed requirements and would like to file an employment-based petition for permanent residence, you should consider filing a petition under the "Outstanding Researcher or Professor" category. As with any petition for permanent residence, our attorneys can help you determine which type of petition is most suitable for you.
For more information on the EB-1B visa, refer to the following links:
Our experienced immigration attorneys are here to assist you in your EB-1 application. For more detailed information on the EB-1 category, including minimum requirements and USCIS policies, refer to the following links: