What is the EB-1(b) Immigration Visa Category?

EB-1(b) is an employment-based immigration petition for permanent residency for Outstanding Professors and Researchers. Those who are internationally recognized in scientific or scholarly fields for their research or other academic achievements can apply for immigration under this category.

Can I Submit an EB-1(b) Immigration Petition for Myself?

No, the petition is filed for the alien by a university or research institution that is offering him or her a tenure or tenure track teaching position or a permanent research position.

Who Is Eligible for EB-1(b)?

The applicant must be able to demonstrate outstanding academic achievements in a particular field and must have at least three years experience in teaching or research in that academic area. In addition, a job offer is required for this petition. The immigrant must enter the U.S. in a tenure or tenure track teaching or comparable research position at a university or other institution of higher education. Or, the employer can be a private company rather than a university or educational institution, as long as the department, division, or institute of the private employer employs at least three persons full time in research activities and has achieved documented accomplishments in an academic field.

Evidence That Can Be Used to Document Outstanding Academic Achievement

At least two of the following are required:

1. Receipt of major prizes or awards for outstanding achievement;
2. Membership in associations that require their members to demonstrate outstanding achievements;
3. Published material in professional publications written by others about the alien's work in the academic field;
4. Participation, either on a panel or individually, as a judge of the work of others in the same or allied academic field;
5. Original scientific or scholarly research contributions in the field;
6. Authorship of scholarly books or articles (in scholarly journals with international circulation) in the field.

What Materials Should I Prepare for an EB-1(b) Petition?

The petitioner must submit evidence of the alien’s outstanding academic achievement (such as awards, scholarly books or articles, conference presentations, citations of the alien’s work or articles about the alien by others, evidence of participation as a judge of the work of others, evidence of scientific or scholarly research contributions, and recommendation letters from experts in the field) as well as evidence that the alien has at least three years experience in research and/or teaching and that the institution intends to employ him or her in a tenure or tenure track teaching position or permanent research position.

What Should the Letters of Recommendation Be Like?

Letters of recommendation from experts in the applicant’s field are one of the most important parts of the EB-1(b) petition. These letters most strongly demonstrate the significance of the applicant’s accomplishments in his or her field and should describe the applicant’s contributions to the field, awards they have received, publications, presentations or other works, participation as reviewers or judges, or any other achievements that show how the applicant fulfills the criteria for the EB-1(b) category. USCIS prefers to see objective recommendation letters from independent experts in the field.

The above is intended as a general introduction and should not be construed as legal advice or legal opinion for your particular case. Please contact the Law Offices of Yu & Associates with any specific questions. Tel: (301) 838-8986, Email: syu@yulegal.com, Address: 110 N Washington St., Suite 328E, Rockville, MD 20850.