EB-1b Outstanding Professors or Researchers

 

Overview of EB-1b Green Card for Outstanding Researchers/Professors

EB-1(b) is the second subcategory of the EB-1 first preference employment based green cards. It is a employment based visa meant for outstanding researchers and professors.  EB-1b green card for outstanding researchers/professors are for researchers or professors who are recognized internationally for their outstanding academic achievement in their field.

What are the requirements of EB-1b Green Card for Outstanding Researchers/Professors?

1. Researchers or professors with International recognition;
2. With at least 3 years of experience in academic area;
3. A permanent job offer from a Qualifying  employer.  The employer must be:

• A United States university or institution of higher learning offering the alien a tenured or tenure-track teaching position in the alien’s academic field;
• A United States university or institution of higher learning offering the alien a permanent research position in the alien’s academic field; or
• A department, division, or institute of a private employer offering the alien a permanent research position in the alien’s academic field. The department, division, or institute must demonstrate that it employs at least three persons full-time in research positions, and that it has achieved documented accomplishments in an academic field.

Proving that The Professor or Researcher Is Recognized Internationally as Outstanding in the Field

You must satisfy at least two of the following evidentially criteria, in addition to having a job offer from a U.S. employer:

• Major Prizes/Awards
  Evidence of receipt of major prizes or awards for outstanding achievement
• Membership
  Evidence of membership in associations that require their members to demonstrate outstanding achievement
• Professional Publications
  Evidence of published material in professional publications written by others about the alien’s work in the academic field
• Panelist/Judge
  Evidence of participation, either on a panel or individually, as a judge of the work of others in the same or allied academic field
• Research Contributions
  Evidence of original scientific or scholarly research contributions in the field
• Books/Articles Author
  Evidence of authorship of scholarly books or articles (in scholarly journals with international circulation) in the field

What are the benefits of an EB-1b Green Card?

• Does not require PERM labor Certificate process.
• Lower standard than EB-1(a).
• Priority dates for EB-1(b) are typically current.
• Processing time for EB-1(b) are usually much shorter than EB-2 as it skips the PERM Labor Certificate process.
• Can be filed concurrently with other EB categories such as EB-1 in order to increase/speed up chances of getting a permanent residence status.

What are the process of obtaining an EB-1b green card for Outstanding Researchers/Professors?

1. I-140 Process

Form I-140 is the form that the U.S. employer must to initiate the EB-1(b) process.  It is a form submitted to the United States of Citizenship and Services (USCIS) by the prospective U.S. employer to petition an alien to work in the U.S. on a permanent basis. The employer will be the petitioner of the I-140 and the alien worker will be the beneficiary of the I-140 petition.

2. Adjustment of Status Process

Once the I-140 is approved, the beneficiary will have to adjust his/her status within the U.S.  Adjustment of Status is a process of changing an individual’s non-immigration status such as an H-1B or F-1 to Immigrant Status (Green Card) and only those who are lawfully present in the U.S. can adjust their status.

3. Consular Processing

If the beneficiary is outside of the United States, once the I-140 is approved, he/she must apply for a visa at the U.S. Consulate abroad.

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