The EB-1B visa is a first preference visa that grants access to the United States for individuals who are considered to be outstanding researchers and professors. This applies to those who have been internationally recognized for their impactful contribution to the scientific or scholarly community. EB-1B Visa applicants must also prove they have at least 3 years of experience as an instructor or researcher, as well as an offer for a permanent position from a U.S. employer in their chosen field.
While EB-1A visas allow for applicants to file a petition on their own, EB-1B and EB-1C visas require an employer to sponsor the petition and file it on behalf of the applicant, who is considered to be the beneficiary. In order to successfully file the EB-1B petition, an employer must demonstrate the outstanding achievements of the beneficiary and must prove the beneficiary has accepted an offer of employment made by the employer filing the petition.
Qualifications For The EB-1B Visa
To be eligible for the EB-1B visa, an individual must prove they have received international recognition, possess a minimum of 3 years of experience as an instructor or researcher, and have accepted an offer of employment for a permanent position in their field. In order to provide evidence of these qualifications, supporting documentation must be provided in the application. The documentation must fulfill a minimum of 2 of the 6 criteria listed below:
- Evidence that you have received a major award or prize for outstanding achievement as a professor or researcher
- Evidence of membership in professor or researcher associations that require demonstration of outstanding achievement for entry
- Evidence of published content that is written by others about your works or contributions to your academic field
- Evidence of participation as a judge for other’s works in the same or similar academic field, either individually or on a panel.
- Evidence of your original scholarly or scientific research contributions to your field
- Evidence of authorship of published scholarly works in your field
EB-1B Visa Application Process
At the start of the EB-1B visa application, your employer must file Form I-140, Immigrant Petition For Alien Workers, on your behalf. Once the petition has been filed, you must compile a list of documentation that meets at least 2 out of 6 criteria for eligibility. The employer must also include proof of the ability to pay wages, including tax returns or annual financial statements. Any supporting documents provided by the employer, such as proof of participation as a writer or editor in peer-reviewed scholarly journals, participation in a peer-reviewed presentation at academic conventions, or testimony that describes the individual’s scholarly work in their field should also be included in the application.
The USCIS will also accept a letter of recommendation written by a coworker or other expert in the same field as the applicant. This letter must provide evidence of outstanding achievement demonstrated by the applicant in their field. For the USCIS to accept a letter of recommendation, it must include at least 2 of the 3 following criteria:
- The professional credentials of the letter’s author
- The applicant’s background information and contributions to their field
- Information regarding the importance of the award(s) received by the applicant or the impact of their contributions to the field
The USCIS generally takes about 8 months to process and approve or deny the application. After the application has been approved, it can take up to 6 months for the U.S. government to issue permanent residency status to the EB-1B visa holder.
Consult With An Immigration Attorney Today
If you believe to be qualified as an outstanding professor or researcher and wish to spread your talent throughout the United States, the Law Offices of Kermit A. Monge, PLLC is here to help. Our experienced immigration attorneys will work with you and your employer during the EB-1B visa application process to ensure it contains all the information necessary to be approved. To learn more about applying for the EB-1B visa or to get started on your application, call the Law Offices of Kermit A. Monge, PLLC at 703.273.5500 or request a consultation online today.