EB-1B is a sub category of the EB-1 visa. EB-1 is an employment based, first preference Green Card. The EB-1 visa is a popular way for persons with extraordinary ability in the sciences, arts, education, business or athletics through sustained international acclaim to gain lawful permanent residence in the US. In order to be qualified for an EB-1B visa, the foreign national must show international recognition as being outstanding in a specific academic field. Such achievements must be recognized in the field through extensive documentation. In addition, The applicant must have at least 3 years of experience in instructing or research in that specific field.
EB-1B petitions do not require a labor certification. However, the person seeking permanent resident status on the basis of an EB-1B classification must have secured the requisite job offer with the sponsoring employer filing the petition on the alien’s behalf.
- Job offer (permanent) : A job offer for a permanent research position or a tenured or tenure-track teaching position from the sponsoring employer.
- Documents to satisfied evidential requirement: please check below for a more complete explanation.
- Official academic record
- Letters of recommendation/endorsement
- Curriculum vitae
- Work products
- Copy of passport
Here are some example criteria that can be use as proof of documentary evidence of outstanding professor or researcher:
- Evidence of receipt of major prizes or awards for outstanding achievement.
- Evidence of membership in associations that require their members to demonstrate outstanding achievement.
- Evidence of published material in professional publications written by others about the alien’s work in the academic field.
- Evidence of participation, either on a panel or individually, as a judge of the work of others in the same or allied academic field.
- Evidence of original scientific or scholarly research contributions in the field.
- Evidence of authorship of scholarly books or articles (in scholarly journals with international circulation) in the field.
How does USCIS review EB-1B cases
The USCIS will determine whether a foreign person is “outstanding“: The types of evidence listed in the regulations serve only as guidelines for the adjudicator and the petitioner. Ultimately, the evidence must establish that the beneficiary is a researcher or professor who is internationally recognized as outstanding. Merely presenting evidence which relates to two of the listed criteria does not necessarily mean that the priority worker petition will be approved since the adjudicator must weigh and evaluate the evidence. If the USCIS determines that the evidence submitted does not meet the standard for classification, therefore, additional evidence may be requested.
Family of EB-1 Visa Holders
According to USCIS ：If your I-140 petition is approved, your spouse and unmarried children under the age of 21 may be eligible to apply for admission to the United States in E-14 or E-15 immigrant status, respectively.