Your Step-by-Step Guide to EB-1B Visas
The EB-1B is a permanent immigrant visa in the EB1 category that is reserved “outstanding professor or researchers”. This category is for professors and researchers who are recognized internationally as outstanding in his or her academic field.
To quality for an Outstanding Professor or Researcher, the following requirements must be met: (1) hold a tenure-track faculty position or have a permanent job offer, and (2) have at least 3 years of prior teaching or research experience.
Further, an EB-1b petition must be accompanied by evidence and documentation that the petitioner is recognized internationally as outstanding in the academic field. Such evidence must consist of at least two (2) of the following:
1. Received major prizes or awards for outstanding achievement in the academic field;
2. Belong to a membership in associations in the academic field which require outstanding achievements of their members;
3. Published material in professional publications written by others about the petitioner’s work in the academic field;
4. Beneficiary’s participation, either individually or on a panel, as the judge of the work of others in the same or an allied academic field;
5. Contributed original scientific work or scholarly research contributions to the academic field; OR
6. Authored scholarly books or articles (in scholarly journals with international circulation) in the academic field.
To understand what is required for each of the above requirements, below will go into further detail about how each requirement can be satisfied:
1. How to demonstrate that receipt of a major nationally or internationally recognized prizes or awards?
Evidence that may be submitted may include documentation should state the criteria for receiving the award, the significance of the award, reputation of the organization or panel, the judging process, previous winners, how many awards are awarded each year and a copy or photograph of the award,
2. How to demonstrate membership in associations that require outstanding achievement (as judged by recognized experts)
Ordinary membership in an association that is easy to join will not help since it does not require outstanding achievement for membership. Some evidence that may be submitted to satisfy this criteria include:
(1) documentations describing the associations goals, mission, size, target membership and standing within the national or international community, documentation showing minimum requirements and criteria;
(2) documentation showing the minimum requirement and criteria used for membership;
(3) Evidence of national or international experts who make determinations about membership;
(4) Other relevant requirements for membership.
3. How to demonstrate significant published material (written by others) about you and your work
Evidence should include title, date and author of the material, and any necessary translations. Other evidence includes: copies of publications, documents showing significance of the published materials, circulation information for the publication, including the number of copies in the publication and frequency and any other published materials. For example, articles referring to an applicant’s research or accomplishments on news websites such as CNN, MSNBC, Yahoo!, etc. or professional new websites such as ScienceDaily, NewsRX, etc. may be submitted.
4. How to demonstrate service as a judge of the work of others in your field?
Evidence of that can satisfy this criterion include:
(1) documents about the event or panel and the significance of the work judge;
(2) information about the criteria used to select the individual judges; (3) an explanation of how and why you received an invitation to be a judge.
5. How to demonstrate your major contributions to your field?
Evidence of original scientific, scholarly, artistic, athletic or business-related contributions of major significance in the field. Generally, the best evidence are recommendation letters from independent experts who can discuss our achievements and how they are significant in the field.
6. How to demonstrate authorship in scholarly articles in professional journals or other major media?
To demonstrate that you have authored a scholarly article the following evidence can be submitted:
(1) other articles, letters, or affidavits that show the significance and importance of the articles in the field;
(2) evidence that demonstrates the work was primarily created by you and
(3) the significance and importance of the professional or major trade publications or major media in which your scholarly article was published.
In addition to collecting all necessary evidence and documentation for the EB-1B, the petitioner-employer (who must sponsor the foreigner) should file a Form I-140, Petition for Alien Worker on behalf of the beneficiary-foreigner. The petitioner must also provide the filing fee, made payable to the U.S. Department of Homeland Security. Premium processing is also available if either the Petitioner or Beneficiary desires an expedited adjudication from the USCIS.
Advantages of EB-1B
The EB-1B category has the following advantages:
· Does not require labor certification application.
· Faster process in obtaining permanent residency than through certification process.
· Can also receive work and travel authorization for spouse and child.
Disadvantages of EB-1B
The EB-1B category has the following disadvantages:
· You have to be outstanding – not just good. Not everyone qualifies.
· Requires a permanent job
· Cannot self-petition.