The second EB-1 classification is for “outstanding professors and researchers” (EB-1B), who are recognized internationally as outstanding in a particular academic field.
Criteria for Eligibility
Unlike “aliens of extraordinary ability,” outstanding professors and researchers must have an offer of permanent employment — either tenured, tenure-track or for a term of indefinite or unlimited duration, and in which an employee would ordinarily have an expectation of continued employment unless there is good cause for termination.
If the U.S. employer sponsor is an institute of higher education such as a university or college, the offer of employment must be a tenured position, tenure-track, or comparable position within the university or institution of higher education. The foreign national must also have at least three (3) years of experience in teaching or research in the academic area. Any experience in teaching or research while working on an advanced degree will only be acceptable if the alien has acquired the degree, and if the teaching duties were such that the foreign national had full responsibility for the class taught or if the research conducted toward the degree has been recognized within the academic field as outstanding.
On the other hand, if the sponsor is a private employer, the department, division or company must show that it employs at least three (3) persons in full-time research positions, and the foreign national must also have at least three (3) years of experience and have achieved documented accomplishments in an academic field.
In order to qualify as an outstanding professor and/or researcher, the foreign national must have at least two (2) of the following:
- Major prizes or awards for outstanding achievement in the academic field;
- Published material in professional publications written by others about your work in the academic field;
- Participation as a judge of the work of others in your field or an allied field;
- Authorship of scholarly articles or books in your field published in scholarly journals with international circulation;
- Membership in associations in the academic field which require outstanding achievements of their members; or,
- Original scientific or scholarly research contributions to the academic field.
These documents, evidencing the individual’s outstanding achievements, together with the I-140 immigrant visa petition, must be submitted to the U.S. Citizenship and Immigration Services (USCIS) by the petitioner — the U.S. employer. For an additional government filing fee of $1,225, the petitioner can request for a Premium Processing Service, for which USCIS guarantees that it will issue either an approval, or a request for evidence within 15 calendar days of receipt.
Additionally, foreign nationals and their eligible family dependents (spouse and/or children below 21 years old), who are in the United States, may file separate I-485 adjustment of status (green card) applications concurrently with the immigrant visa petition.
