EB-1 Teachers
and prominent researchers
EB-1 Teachers
and prominent researchers
EB-1 Visa
Featured Professors
The first preference category based on employment (EB1) is reserved for people with extraordinary abilities (EB1(a)), outstanding professors and researchers (EB1(b)) and executives and directors of multinationals (EB1(c)). These three types of immigrant petitions are good alternative employment-based options when a regular PERM labor certification process is not possible or desirable.
Category
Outstanding professors and researchers (EB1(b))
This category is for those foreigners internationally recognized for their outstanding academic achievements in a particular field. Additionally, an outstanding professor or researcher must have at least three years of teaching or research experience in that academic area, and enter the US in a comparable tenure-track professor or research position at a university or other institution. of higher education.
If the employer is a private company rather than a university or educational institution, the private employer’s department, division, or institute must employ at least three full-time people in research activities and have documented achievements in an academic field.
The applicant must meet and provide documentation of at least two of the following criteria:
- Receipt of significant awards or recognitions for outstanding achievements.
- Membership in associations that require their members to demonstrate outstanding achievements.
- Publication of material in professional publications written by others about the foreigner’s work in academia.
- Participation, either on a panel or individually, as a judge of the work of others in the same or an allied academic field.
- Original contributions of scientific or academic research in the field.
- Authorship of books or academic articles (in academic journals of international circulation) in the field.
Determination of merits
USCIS applied a “two-part adjudication approach” to this process.
First, USCIS must determine whether the individual has met the required criteria. However, this alone is not sufficient and does not result in an approval. Even after meeting the first part of the test, the individual must establish through the “final determination of merit” that he or she is exceptional. In the second part of the analysis, USCIS officials evaluate the entire evidence to make a final decision on the merits of whether the beneficiary, by a preponderance of evidence, has demonstrated sustained national or international acclaim and that his achievements have been recognized in the field of experience.
EB-1 employment process: visa for outstanding teachers and researchers.
The process to obtain permanent resident status (Green Card) is divided into two steps:
- Form I-140, Petition for Foreign Worker: The applicant must submit Form I-140 to USCIS along with all evidence pertaining to that specific category.
- Adjustment of Status (Form I-485) or Consular Processing (Form DS-260). Once the I-140 is approved and the priority date is current (visa availability), the applicant must file the adjustment petition in the United States or process the case at a US consulate if she lives abroad. In this part of the process, USCIS evaluates the beneficiary’s immigration, criminal, and medical history. If USCIS approves this application, the applicant will officially be a legal permanent resident in the US.
EB-1 Process
Processing time
Typically, the government’s processing time for an Eb-1 Employment-Based Petition: Distinguished Professors and Researchers is about 8 months. Once the I-140 is approved, the government takes about 6 months to issue the permanent resident card.
For this category there is no Premium Processing available to shorten the processing decision to 15 calendar days.
TAKE THE FIRST STEP
Don't postpone your dreams
We support your process of moving to the United States with the appropriate type of visa for your profile. (E1, E2, EB-2, F1, among others)
TAKE THE FIRST STEP
Don't postpone your dreams
We support your process of moving to the United States with the appropriate type of visa for your profile. (E1, E2, EB-2, F1, among others)
