> Overview

An institute of higher education or private research company may petition for a green card for an outstanding researcher or professor by filing an I-140 under category EB-1B. While a job offer is required, Labor Certification is not required, making the immigration side of the hiring process cheaper, faster, and less difficult. Moreover, there is usually no wait for a priority date, allowing the petition to be filed with an I-485 so the outstanding researcher or professor can receive his or her green card faster. The EB-1B is an excellent choice for hiring an outstanding researcher or professor.

To qualify as an Outstanding Researcher or Professor, an individual must show:

• International recognition as outstanding in a specific academic area
• At least 3 years of relevant research or teaching experience
• A job offer for any of the following:
• Tenure track teaching position
• Research position at a university or institute of higher education on a tenure track or with indefinite or unlimited-duration employment absent good cause for termination
• Research position with a private employer with at least three full-time researchers for a department, division, or institution that has achieved documented accomplishments in an academic field.

Due to the EB-1B petition's very high standards, we strongly encourage anyone wishing to pursue an EB-1B petition seek the counsel of an immigration attorney.

> What is international recognition as outstanding?

The government will consider a professor or researcher to have international recognition as outstanding if he or she can demonstrate at least 2 of the following:

• Receipt of major prizes or awards for outstanding achievement
• Membership in an associations requiring outstanding achievement of its members
• Published material in professional publications written by others and more than merely citing the individual’s work
• Participation as a judge, individually or as part of a panel, evaluating the work of others
• Original scientific, scholarly, or artistic contributions to the field
• Authorship of scholarly books and/or articles in journals circulated internationally

We recommend providing as much evidence as possible demonstrating the individual's outstanding nature to the government’s satisfaction. While it's possible to have a single document fulfill more than 1 category, we prefer to craft petition packages including many documents together fulfilling at least 4 categories. We encourage supplying enough valid supporting evidence to overwhelm the government's evaluator of the petition.

Strong evidence is valued highly over weak evidence. For instance, a footnote reference to the individual’s work that doesn’t mention the work as authoritative will be of nearly no value, but a peer-reviewed article positively discussing the applicant’s work will be of high value.

In addition to the required documentation, we strongly encourage that letters of recommendation be included in the EB-1B petition package. These letters will help the evaluator of the petition understand both the individual’s work and the importance of the documents supporting the petition. We will work with each of the individual’s providers to craft the best letters for the individual. Each letter should demonstrate that:

• The provider has the qualifications and reputation to provide a professional opinion of the individual’s qualifications
• The individual’s achievements are significant and the individual’s work is authoritative
• The individual’s publications, awards, and memberships in professional associations are significant

The government will evaluate the evidence provided for meeting the standard and if the standard is met, evaluate once more to determine if the totality of evidence demonstrates international recognition as outstanding.

> How is a job offer demonstrated?

A letter from the sponsoring employer to the outstanding professor or researcher will demonstrate a job offer if the letter includes the following:

• Job title
• Terms of employment
• Conditions of employment

We will work with the employer to ensure the documentation of the job offer will meet the standards required by the government. Many jobs one would not consider on its face to be permanent may be considered permanent by the government for EB-1B petition purposes.

> Can I petition for myself?

Unfortunately not. The employer offering the job must file the petition.

For self-petitioning, consider EB-1 Extraordinary Ability or EB-2 National Interest Waiver.

> Can family members also receive green cards?

Yes. The outstanding professor or researcher’s opposite-gender spouse and all children under age 21 may also receive green cards.

> How long does the EB-1B process take?

There is no specific length of time the government takes to decide an EB-1 petition. A decision could be reached within days or it could take a year. We suggest one should expect a wait of at least 3 months with most petitions taking 6 to 9 months.

> Is there a way to speed up the process?

Yes. This I-140 petition can be filed with premium processing. The government will make a decision on the petition within 15 calendar days of receiving the petition. The government's fee for this service is $2500, which will be refunded if it fails to meet its deadline.

> How much does it cost?

The government's fee for an EB-1 petition is $700. If the researcher or professor will remain in the US to await a green card, an additional $1225 is required for the I-485, or if the researcher or professor will obtain an immigrant visa at a consulate after approval of the EB-1 petition, the government will charge fees of $325 before the interview and $220 after the interview. This does not include attorneys fees and other expenses.

> I think I qualify as an outstanding professor or researcher. What do I do now?

Contact us to schedule a consultation.

> I don't think I qualify as an outstanding professor or researcher. What can I do?

Contact us to schedule a consultation. You may be underestimating yourself!