EB-1 Visa Outstanding Professors

The employment-based, first preference (EB1), category is reserved for persons of extraordinary ability (EB1(a)), outstanding professors and researchers (EB1(b)), and multinational executives and managers (EB1(c)). These three types of immigrant petitions are good employment-based alternative options when a regular PERM labor certification process is not possible or desirable.

OUTSTANDING PROFESSORS AND RESEARCHERS(EB1(b)),

This category is for those aliens recognized internationally for their outstanding academic achievements in a particular field. In addition, an outstanding professor or researcher must have at least three years experience in teaching or research in that academic area, and enter the U.S. in a tenure or tenure track teaching or comparable 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 department, division, or institute of the private employer must employ at least three persons full time in research activities and have achieved documented accomplishments in an academic field.
The applicant must meet and provide documentation of at least two of the following criteria: Receipt of major prizes or awards for outstanding achievement;
Membership in associations that require their members to demonstrate outstanding achievements;
Published material in professional publications written by others about the alien’s work in the academic field;
Participation, either on a panel or individually, as a judge of the work of others in the same or allied academic field;
Original scientific or scholarly research contributions in the field;
Authorship of scholarly books or articles (in scholarly journals with international circulation) in the field.

MERIT DETERMINATION

USCIS implemented a “two-part adjudicative approach” for this process.
First, the USCIS has to 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 has to establish through “final merits determination” that he or she is outstanding. In Part two of the analysis, USCIS officers evaluates the evidence in its entirety to make a final merits determination of whether or not the beneficiary, by a preponderance of the evidence, has demonstrated sustained national or international acclaim and that his or her achievements have been recognized in the field of expertise.

PROCESS OF EB-1 VISA

The process to obtain the permanent resident status (Green Card) is divided in two steps:
1. Form I-140, Petition for Alien Worker:
The applicant must submit form I-140 to USCIS along with all the evidence pertaining to that specific category.
2. Adjustment of Status (Form I-485) o Consular Processing (Form DS-260).
Once the I-140 is approved and the priority date is current (visa availability), the applicant will need to submit the adjustment petition in the US or process the case at a US consulate if living abroad. In this part of the process, USCIS evaluates the beneficiary’s immigration, criminal and medical background. If USCIS approves this application, the applicant will officially be a legal permanent resident in the U.S.

PROCESSING TIME:

Generally, the government processing time for an EB-1 petition is about 8 months. Once the I-140 has been approved, the government takes about 6 months to issue the permanent residence card.
For this category there is not Premium Processing available to shorten the processing decision down to 15 calendar days.

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