Vertical menu icon, also known as the hamburger icon
Immigration Solutions
Banner logo image
Law Office of Hamid R. Kashani
Attorney at Law
Show Full Menu

Outstanding Professors & Researchers (EB-1B)

by Hamid R. Kashani, Attorney at Law
Nov 07, 2018 (last modified Nov 30, 2018)

What is EB-1B immigrant visa category?

Employment-Based immigrants are divided into five (5) preference classes.  EB-1B is a subcategory of the first preference.  It is reserved for aliens of internationally recognized professors and researchers.

Image of a professor behind a lectern

Do I qualify for EB-1B immigrant visa category?

You may qualify for this immigrant visa, if you (a) are recognized internationally for your outstanding academic achievements in a particular academic field, (b) have at least three (3) years of experience in teaching or research, and (c) are coming to the United States to be employed by a university or other institution of higher learning in a tenured or tenure-track teaching or comparable research position.

You do not need to go through the labor certification process at the United States Department of Labor. A petition for EB-1B classification must be filed by your prospective employer.

EB-1B visas are usually immediately available for citizens of most countries and there is no waiting time, except for processing time, to acquire this visa. You may check the visa availability of a particular visa category for your country of origin. See Priority Date & Visa Availability.

What evidence do I need to show for EB-1B classification?

To qualify for this immigrant visa classification, you must have at least three years of experience in teaching or search and must have accomplished at least two (2) of the following six (6) types of achievement:

  • Receipt of major prizes or awards for outstanding achievement
  • Membership in associations that require their members to demonstrate outstanding achievement
  • Published materials in professional publications written by others about your work in the academic field
  • Participation, either on a panel or individually, as a judge for the work of others in the same or allied academic fields
  • Original scientific or scholarly research contributions in the field
  • Authorship of scholarly books or articles in scholarly journals with international circulation in your field

The totality of the evidence must show that you have achieved international recognition for your outstanding academic achievements in the field.

Finally, you must show that you are coming to the United States to work at a university or other institution of higher learning in a tenured or tenure-track teaching or comparable research position.

Teaching experience while pursuing an advanced degree may be counted towards your years of experience, only if you had already acquired an advanced degree and had full responsibility for the classes you were teaching.

Research experience while pursuing an advanced degree may be counted towards your years of experience, only if your research was recognized within the field.

How is a petition for EB-1B classification filed?

To apply for EB-1B classification, the prospective employer must file an Immigrant Petition for Alien Worker (USCIS Form I-140) together with the supporting evidence, which can be rather complicated.

To see the current USCIS fee for your petition, see USCIS Fee Schedule.

To see how long the USCIS would take to adjudicate your petition, see USCIS Processing Times.

Premium processing is available for this kind of petition, meaning that you may be able to obtain a decision in 15 calendar days.

What happens after the EB-1B classification petition is approved?

If you are in the United States and qualify, you may apply for adjustment of status.  If you qualify to file for adjustment of status and a visa is immediately available to you, you should file an Application for Adjustment of Status together with the petition.

If you are outside of the United States or do not qualify to file for adjustment of status, you must go through consular processing, to actually receive an immigrant visa.

 

Traveling Outside of the United States during the Immigration Application Process

Working in the United States during the Immigration Application Process

Applying for Citizenship

 

Was the information on this page helpful?
Home iconHome|About Us iconAbout Us|
Contact Us iconContact Us|Schedule Consultation iconSchedule Consultation
Terms of Use iconTerms of Use|Privacy Policy iconPrivacy Policy|
Important Notice iconImportant Notice
© Copyright, Law Office of Hamid R. Kashani, 2019. All rights reserved.

made by e-Commerce-Consulting.com