The EB-1B “Outstanding Researcher or Professor” immigrant visa was created for those individuals who are recognized as having made a significant impact/contribution in a certain scientific or scholarly field. Unlike the EB-1A visa, applicants pursuing EB-1B status must be sponsored by an employer. The employer is the petitioner in this case, sponsoring the EB-1B employee, and it will be the employee who is considered to be the beneficiary. The EB-1B application process requires that the employer (petitioner) demonstrate both the individual’s outstanding achievements and, that the employee (beneficiary) has secured an offer for permanent employment with the petitioning employer.
EB-1B Visa Requirements
Should an individual petition for one of these visas, he or she must satisfy three main requirements. The individual must demonstrate international recognition in his/her field, must have served at least three years as a teacher or a researcher, and he/she must have a job offer for a permanent position in his/her field.
International Recognition: To satisfy this requirement, the individual must provide supporting documents that show that he/she may be accurately described as an “outstanding professor or researcher.”
Experience Requirement: The experience requirement can potentially be satisfied in several different ways. Certain time spent teaching or researching while pursuing an advanced degree may be put towards the three year experience requirement – so long as the individual has actually acquired the degree and acted as a teacher or noted researcher. The individual must provide documentation from his/her educational institution or employer to prove that he or she can satisfy this requirement.
Permanent Position Requirement: The current definition of “permanent” is, “either tenured, tenure-track, or for an indefinite or unlimited duration, and in which the employee will ordinarily have an expectation of continued employment unless there is good cause for termination.” While the other requirements tend to specify educational achievement, the job offer does not need to come from a university – it can be offered by a private employer. To qualify, the private employer must employ at least three full-time researchers and provide documentation of their outstanding work in the field.
EB-1B Visa Supporting Documentation
Providing supporting documentation requires that both the beneficiary and petitioner gather information to demonstrate that the alien is indeed an internationally-recognized contributor to his/her field. The employer will have to provide support during the filing process, and may provide the following forms of evidence:
- Peer-reviewed articles in scholarly journals.
- Documentation of participation as a reviewer for peer-reviewed scholarly journals.
- Peer-reviewed presentations at academic symposia,
- Testimonials from scholars describing the alien’s work as authoritative.
Requirements for Recommendation Letters
One potential and valuable form of evidence is a letter of recommendation which asserts the applicant’s qualifications for an EB-1B visa. These letters must come from other recognized experts in the same field as the applicant or as the petitioner. Required information that should be included in recommendation letters is:
- The professional qualifications of the letter’s author.
- Information on the alien’s background and contributions to his/her field.
- Comments on the significance of the alien’s work, as well as any professional memberships or awards that are relevant to the visa.
If you have two of the aforementioned requirements, a minimum of three years of research experience and/or teaching experience, an offer for a permanent research position or tenure/tenure-track teaching position, sponsorship from current or prospective employer and you would like to file an employment-based petition for permanent residency, you should consider filing a petition under the EB-1B category as an “Outstanding Researcher or Professor.”
Contact Us to Get Started
The EB-1B application process requires thorough knowledge of federal immigration law and should be managed by an attorney with experience in managing employment-based visas. If you are interested in pursuing an EB-1B visa as an individual or professional, contact KPPB Law.
We provide consultations at our offices or by phone so that you can better understand your options. Call our offices or, schedule a consultation online to learn more about your eligibility for an EB-1B visa and hear how we can help you move forward.