What is an EB1B Visa?
The EB1B is a U.S. immigration classification and petition which gives companies, institutions, and organizations the ability to secure permanent residency for individuals who qualify as outstanding professors and researchers. Individuals who are eligible for this classification are granted an employment-based green card which allows them to live and work permanently in the United States. In order to qualify for this visa category, one must first qualify as either an outstanding professor or researcher or an individual with exceptional ability. Most commonly , people who apply for the EB1B are either outstanding researchers who are recognized for their achievements in an academic field or outstanding professors who are known internationally as exceptional in their fields. Employers or organizations seeking to immigrate outstanding individuals may petition for the classifications on behalf of the individual. Particularly, the EB1B visa category is strictly limited to individuals in the following categories:
Requirements for the EB1B Visa
To be eligible for the EB1B preference category, "Outstanding Professors and Researchers", the USCIS requires that the applicant provide evidence and documentation supporting the following:
- (1) International Recognition: The applicant must demonstrate international acclaim in a given academic or research area that would qualify as outstanding. Many professionals coming to the US on EB1B visas may also fall under the EB1A (Alien with Extraordinary Ability) category. For an individual researcher of professor, the USCIS will often accept any information that shows the individual or their work has been recognized by others as being ‘outstanding’ and extraordinary within their field of expertise. Often, many employers will provide such recognition via recommendation letters. Applicants are also encouraged to review and see if they qualify under any of the other criteria provided in the Regulations at 8 CFR 204.5 (h) for Aliens of Extraordinary Ability.
- (2) Recognized Expertise: Applicants must demonstrate that they hold at least three years of experience in teaching or researching in their particular area of expertise. Proof of earned certification at the directions of a university, residency programs, or relevant and useful research grants, may serve as evidence of this experience. Sometimes, employment letters and letters from experts and colleagues may also be sufficient.
- (3) Position Offered: The EB1B Green Card is reserved specifically for outstanding professors or researchers who are recognized authorities in a particular field. Therefore, it is crucial that the applicant be offered a job by an institution of higher education in the US, or a private employer who is recognized as eligible under the EB1B category. By definition, a "private employer" is defined as those employers who are not a ‘U.S. University or Institution of Higher Learning’ and therefore a petition for a non-citizen could not be submitted under the ‘scholar’ option. Further, it is important to note that under the EV1B category, employers do not include a private employer who is partially funded with federal, state, or local government funds unless the U.S. Government funds account for only an incidental amount of the total financial support.
- (4) Offered Position: To qualify, employers must offer positions for employees that teach or conduct research at the university level. The offered position must be related to the applicant’s area of technical expertise and research. Also, it is important that applicants be required to prove that the offered position is at a leading research university or institution of higher learning. In some cases, applicants must show that they will personally teach their students or advise a current graduate student. This is considered by the USCIS to mean that the beneficiary must be considered either a tenured professor or a tenured track professor, or be appointed to a research position comparable to a tenured professor. Finally, the USCIS will consider that the offered professional research position must be recognized internationally as being the most sought after position in the United States.
Documents Required for EB1B Visa Application
An EB1B visa application for Outstanding Professors and Researchers needs to include a great deal of documentation that establishes that the applicant has achieved the level of recognition and acclaim as an outstanding professor or researcher. Unlike standard green card applications or even employment-based immigration visas, EB1B applicants must include letters of recommendation from peers and colleagues in the same field of research as evidence of their outstanding status. First and foremost, the applicant’s qualifications as an outstanding professor or researcher may be evidenced by the following: There are different letters of recommendation for those types of documentation. Those letters of recommendation for an applicant’s receipt of prizes, awards or internationally recognized prizes for excellence in research, research grants, participation in panels, juries and other judges work of the work of others, contributions to academic or scientific journals or papers, attendance at academic or research conferences, memberships in professional associations, the publication of any scholarly books or articles, employment history, invitations to speak, editorials, reviews and other literature and memberships are required. EB1B visa applicants also should include the following documentation: Documentation regarding institutional support for the applicant is also important for EB1B visa applicants. Evidence of institutional support could be in the form of letters of appointment from current and prior positions, a cover letter that demonstrates the offer of employment in the United States, written evidence of job title and duties and copies of visa authorizations to show prior immigration compliance by the applicant should also be attached. Finally, the applicant is required to include a copy of the immigrant visa petition filed on Form I 140 with USCIS. A fee must also be attached to the application.
How to Apply for an EB1B Visa
To qualify for the EB1B visa you must demonstrate a significant level of achievement in a research or teaching capacity. This information will be included in a filed petition, among other requirements, which may be prepared by you and your prospective employer. To begin the process, you must first obtain a job offer from a university or institution that is qualified to sponsor your position. After you have done so, you may begin preparing the petition by filling out the proper forms, acquiring the necessary benefit application fee and gathering supporting documentation. The petition for classification as an outstanding professor or researcher (Form I-140) requires supporting evidence to establish eligibility and therefore asks you to include specific information. Primarily, you must submit evidence for the position being offered concerning the permanent nature of the employment. In addition to the sponsor’s description, you must also include supporting evidence for your own qualifications. Finally, you must provide an overall statement which includes an explanation of how you and your sponsor qualify for EB1B or the outstanding professor or researcher classification. To support the inner workings of the petition, accompanying U.S. Citizenship and Immigration Services regulations dictate that you submit material that includes: After the petition is complete, one may file this application with the USCIS along with a $475.00 filing fee per petition. This petition has to be filed with USCIS regional office that covers the area where the sponsoring institution is located. After an initial review, USCIS will then send the application packet to the corresponding service center for adjudication. Those service center locates outside of the United States usually take more than two years to process a petition.
EB1B Application Challenges
The most common challenge that applicants face is proving "outstanding ability." This means convincing USCIS that you are at the top of your field. You must prove that you have made original contributions of significant importance to your academic area that are recognized by peers and researchers in that area. USCIS has a list of 10 ways to establish this. Unfortunately, one or two of these ways is not enough. You have to do the majority of the 10 ways. Otherwise, the USCIS will argue that other researchers grant your work far more support. USCIS officers have a check list they use to determine the adequacy of materials submitted. It reviews all of the criteria outlined previously. It is very easy for an officer to conclude that your materials do not measure up to the type of research projects or accomplishments that are outlined above. Sometimes the question may arise whether your research has global significance or just local significance. Unfortunately , the USCIS may take a narrow view of your accomplishments. This could cause them to argue that your accomplishments are not international in scope. Or, they may say that the foreign substantial benefit of your accomplishments is based on local recognition in a foreign country. Another problem that applicants face is that their accomplishments do not fit into one of the categories defined in the regulations. Sometimes your research accomplishments span more than one category. The USCIS will argue that you have to be qualified solely on the basis of one category, and none of the others. If you can fit only within a single category, then you do not qualify.
Advantages of the EB1B Visa
In addition to offering professors and researchers the chance to work permanently in the United States, the EB1B visa comes with multiple benefits. Individuals with an EB1B visa can settle permanently within the United States and are eventually eligible for citizenship. They do not need a Labor Certification. In addition, EB1B visa holders do not need to maintain a specific amount of assets to support themselves, nor do they require job offers from American companies.
Since holders of this visa are not subject to the usual immigration quotas reserved for other visa types, there is no annual cap. The petition process is also shorter. In fact, the I-140 Petition for Immigrant Worker is fast-tracked by the government for EB1B visa holders and their families, allowing for an expedited route to permanent settlement.
As permanent residents, EB1B holders enjoy many of the same rights as citizens. They can apply for green cards and AVS cards. They can sponsor relatives to enable them to settle in the United States as well.
New Developments and Changes in EB1B Policy
The primary change to policies that affect EB1B petitions is the introduction of electronic processing of the visa petition. As of May 10, 2018, USCIS began accepting Form I-140 online. Petitioners are required to submit a response to a request for evidence using electronic processing. In addition to Form I-140, the petitioner may need to e-file the Form G-28, Notice of Entry of Appearance as Attorney or Accredited Representative, and if applicable the Form I-485, Application to Register Permanent Residence or Adjust Status.
Acceptance rates for EB1B visas remain consistent with previous years since the USCIS maintains a relatively consistent number of EB1B visas issued each fiscal year. In FY 2016 , 10,596 EB1B visas were issued, the greatest number in the last five years. FY 2017 saw 9,251 visas issued, a slight decrease from FY 2016 figures. The numbers of EB1B visas depends on the number of applicants self-identifying as outstanding professors and researchers, and fluctuates in relation to the demand for other visa categories, including EB-2 and EB-3. EB1B visas and other immigrant worker visa categories are capped at 140,000 for all employment based immigrants in a given fiscal year.