EB-1B Visa

EB 1-B for Outstanding Researchers or Professors

Employment-Based Visa

Definition: These are researchers, scholars or professors who have accomplished significant research in their field. But unlike self-petitioned EB – 1A visa applicants, these outstanding researchers and professors need a job offer and proof of continuing in their outstanding research abilities through that specific employment. This is an employer-based visa where the employer petitions on behalf of the outstanding researcher or professor demonstrating his/her employment with the employer.

Who Qualifies For EB 1-B Visa?

These are citizens living in the USA or outside the USA and are internationally recognized as exceptional in their field of research or scholar. They are eligible for EB 1-B visa if they meet the following three general qualifications as stipulated by the US Citizenship and Immigration Services (USCIS):

  • They should be internationally recognized in a specific academic field.
  • A minimum of three years of relevant teaching or research experience in the specified academic field.
  • A permanent job offer in the specified research position or a tenure-track or a tenured teaching position from the employer who is sponsoring.

 

What Can Be Considered As ‘Relevant Teaching Or Research Experience’?

If the applicant is pursuing an advanced degree, such as a PhD and during this pursuit has acquired teaching and/or research experience, it will be taken into consideration BUT ONLY in three scenarios:

  • The applicant has already acquired the degree, Or
  • The teaching duties during his/her research included full responsibility for the class taught, Or
  • The research conducted while pursuing the degree was considered as significant and/or outstanding within the academic field.

 

The applicants will need to document their work history with letters from former and current employers detailing duties during the work and period/duration of employment.
 

What Does ‘Permanent Job Offer’ Mean?

A permanent job offer is an offer of employment that clearly states the employed person’s responsibilities, remuneration and a clear intention of employing the candidate in future. Most job offers are considered permanent job offers with the exception of contract positions that have a stipulated period of employment that ends with the contract period. Part-time job offers are also considered as permanent job offers if they don’t have a fixed termination date.
 

What Does ‘Permanent Job Offer’ Mean For Outstanding Researchers/Professors?

When an outstanding researcher or professor has a job offer given by a university, an academic institution or scientific institution, it is considered a permanent job offer. This job offer may be by a public/government or a private organization. However, in case of a private organization, it is mandatory that the organization has had at least three full-time researchers in its team. In such a case, the private employer would have to present documents in supports of its own research intention and accomplishments in their relevant scientific or research field.
 

What is The Process of Acquiring EB 1-B Visa?

It is an employment-based first preference visa petition and does not require a labor certification. However, the outstanding researcher or professor seeking permanent resident status in the USA on the basis of EB 1-B classification will need the relevant job offer by the sponsoring employer along with the filled petition form by the employer on behalf of the applicant.
 

Who Files The EB 1-B Visa?

As per procedure, the employer of the outstanding researcher or professor files the EB 1-B visa along with Form I-140. The employer is the petitioner but the beneficiary and his/her attorney need to actively contribute in furnishing details, specifications and documents for the EB 1-B petition.
 

How Much Does Form I-140 Cost?

It costs $700 to be paid via money order or personal cheque or cashier’s cheque. If you are filing it at the USCIS Lockbox facility, you are also allowed to pay the fee by credit card using  Form G-1450, Authorization for Credit Card Transactions. In case of cheque payment, the cheque should be payable to the U.S. Department of Homeland Security. Please note that service centers are unable to process credit card payments.

Which Documents Do EB 1-B Petitioners Need?

Those applying for EB 1-B visas, must include documents that support at least two of the following six criteria –

  1. Proof of prizes or awards for outstanding achievement.
  2. Evidence of memberships in relevant associations wherein members need to demonstrate merit or outstanding achievement in order to be selected as members.
  3. Evidence of published material in publications of the applicant’s relevant fields, where the material is written by other experts describing the applicant’s work or research (i.e more than just citing the applicant’s work but counting his/her achievements in detail).
  4. Evidence of participation as a judge, either individually or on a panel, for evaluating the work of others in the specified field or an allied academic field.
  5. Proof of original scholarly or scientific research contributed in the field.
  6. Proof of authorship of scholarly articles or books or any published material in international academic, scholarly or science journals in the specified field.

 

What Kinds Of Documents Are Acceptable As Evidence For EB – 1B Beneficiaries?

As evidence of fulfilment of two of the above criteria, you (the applicant) will need relevant documentation.  It has been observed that USCIS officers consider the following documents as good evidence of outstanding research –

  • Articles reviewed by the applicant’s peers published in scholarly journals.
  • Entries made in relevant citation indices that describe the applicant’s work as either significant or authoritative.
  • Documents supporting the applicant’s participation as a reviewer for peer-reviewed scientific or scholarly journals.
  • Documents supporting the applicant’s peer-reviewed work presentation(s) at symposia
  • Testimonials from relevant authorities or experts describing the applicant’s work as authoritative.

 

What Do Scholarly Testimonials Mean?

Pertaining to the last point in the types of documents – testimonials are recommendation letters written by the experts of the applicant’s field of research or teaching. These letters include –

  • The recommending expert’s qualification as to why he or she is in the position to accurately judge, evaluate or cite an opinion on the work of the applicant.
  • The letter needs to have details about the applicant’s background and achievements and validating the applicant’s specified achievements to be original, scientific and relevant to the field.
  • Examples or observations about the applicant’s awards, achievements and/or memberships in professional associations.