Employment Based Immigrant Petition

EB-1B (Outstanding Professors and Researchers)

An alien qualifies for EB-1B if he or she is a professor or researcher who is recognized internationally as outstanding in a specific academic area.

EB-1B requirements:

• International recognition as being outstanding in a specific academic field;
• At least three years of relevant research or teaching experience; and
• A job offer for a permanent research position or a tenured or tenure-track teaching position

1. International recognition as being outstanding in a specific academic field;

    

   To prove international recognition, an alien needs to show that he or she meets at least two of the following evidentiary criteria:

   a. Documentation of the alien’s receipt of major prizes or awards for outstanding achievement in the academic field;
   b. Documentation of the alien's membership in associations in the academic field which require outstanding achievements of their members;
   c. Published material in professional publications written by others about the alien's work in the academic field. Such material shall include the title, date, and author of the material, and any necessary translation;
   d. Evidence of the alien's participation, either individually or on a panel, as the judge of the work of others in the same or an allied academic field;
   e. Evidence of the alien's original scientific or scholarly research contributions to the academic field; or
   f. Evidence of the alien's authorship of scholarly books or articles (in scholarly journals with international circulation) in the academic field.

2. Three years of relevant research or teaching experience

    

   Research or teaching experience obtained while in pursuit of an advanced degree, such as a Ph.D., can be counted toward the three year requirement, but only if the alien has acquired the degree, and if the teaching duties were such that he or she had full responsibility for the class taught or if the research conducted toward the degree has been recognized within the academic field as outstanding.

3. A job offer for a permanent research position or a tenured or tenure-track teaching position

    

   Universities or institutions of higher education and private companies can sponsor EB-1B petition. If the petitioner is a private company, it needs to show that it employs at least three employees in full-time research positions and has documented accomplishments in its field.

   Permanent job offer is defined as either tenured, tenure-track, or for an indefinite or unlimited duration, in which the employee will ordinarily have an expectation of continued employment unless there is good cause of termination.

If you are not sure whether you have a good chance of EB-1B approval, please send your resume or curriculum vitae to YZ Law Group info@yzlawgroup.com for a free evaluation.