Corporations / Employees
EB-1B Outstanding Researchers Outstanding Professors
1. Take a tenured position within an institution of higher education or university to teach in their academic area of expertise
2. Take a comparable position within an institution of higher education or university to conduct research in their respective academic area
3. Take a position to conduct research in their academic area within a department, or institute of a private employer who must employ at least 3 people full time in full-time research activities and should have documented all the accomplishments in their academic field
Criteria to Demonstrate Extraordinary AbilityShould you choose to pursue this option, it will be necessary to demonstrate that you have been bestowed with national and international acclaim within in your field, and that your achievements have been duly recognized. This is done by providing evidence affirming three of the ten listed criteria below:
1. Evidence of receipt of lesser internationally or nationally recognized awards
2. Evidence of published material about you in a major trade or professional publications or other major media
3. Evidence of the membership in selected associations which demand outstanding achievement of their members in a particular field
4. Evidence that you judged the work of others, either on a panel or individually
5. Evidence of your original artistic, scientific, athletic, scholarly, or business-related contributions of great significance to the field
6. Evidence of commercial success in the field of performing arts
7. Evidence that your work was displayed at artistic showcases or exhibitions
8. Evidence of your performance in distinguished organizations
9. Evidence of your authorship of scholarly articles in major or professional trade publications or other major media
10. Evidence that you draw a high remuneration in relation to other people in your field
Demonstrating three years of Researching or Teaching Experience in the Academic fieldIn addition, you will be required to demonstrate that you are an excellent researcher or professor by providing evidence for two of the six listed criteria below:
1. Evidence of receiving major awards for outstanding achievements
2. Evidence of published material in professional publications written by some others about your outstanding work in the academic field
3. Evidence of membership in associations that requires the members to prove outstanding achievement
4. Evidence of participation, either individually or on a panel, as a judge of the work of others in the same or allied academic field
5. Evidence of authorship of scholarly books or articles
6. Evidence of original scholarly research or scientific contributions in the field
Why choose an EB1B visa?
• The EB-1B is an immigrant visa classification that means you qualify for an adjustment of status.
• Your spouse and children (if any) will be eligible for green card and work authorization.
• Most of the employment-based immigrant visas need a US employer to seek labor certification from the Department of Labor, which can be a drawn-out process, but there is no such requirement for an EB-1B visa.
• Finally, this category has differing standards from the EB-1A visa which may be more attainable for academics, engineers and scientists.
EB1B processThis complex process can benefit from the assured guidance of an immigration lawyer from Rijal Law. We can you determine if the EB-1B classification is your best option. Our attorneys give due consideration to your profile and eligibility and can analyze your credentials while preparing a list of supporting documents so that there will be no obstacles to the fast and efficient processing of your application
Because the EB-1A and EB-1B green cards fall in the same preference level, there is no difference in the processing times. The fee is generally the same.
EB1A vs EB1BThe difference between the two depends on the qualifications. Not needing a job offer from an employer is one of the biggest advantages of EB1A, and it can utilized to encompass a variety of fields, which can be useful for someone whose skillset and experience doesn’t neatly conform to a defined career path. In addition, the EB-1B requires a minimum of three years of experience and a clearly defined purpose in the visa application.
Porting EB2/ EB3 priority date to EB1BIf you have your Form I-140 approved for an EB-2 Green Card the wait time is almost always quite long. If you can also qualify for EB-1B, you can bypass this wait time and go through the process of porting the EB2/ EB3 priority date to an EB-1B application. To be eligible for the upgrade, you should have the needed qualifications for EB-1B classification, and your job should fit these qualifications.
This is a complicated process and the EB1B attorneys at Rijal Law Firm are highly experienced in handling such matters. We can help you best decide what category is most appropriate for your circumstances and will assist you in the application process. Our established track record and experience informs the approach taken when assembling a petition or application: we know where the pitfalls are, and how to avoid RFE notices that will draw out the process.
Call our office today and book a consultation with one of our highly qualified attorneys to evaluate your immigration options.