EB-1B Outstanding Professors and Researchers

The EB-1B immigrant classification allows U.S. employers to sponsor certain “outstanding” professors and researchers for lawful permanent residency.

The employer must be able to prove international recognition for the professor/researcher’s outstanding achievements or accomplishments in their specific academic field. A minimum of three (3) years of experience in teaching or research in that particular academic field is required. Qualifying professors must be pursuing tenure or be in a tenure-track teaching position, and researchers must be in a comparable research position with a private employer, university or other institution of higher education. Private employers must also prove its success in the field and employment of at least three (3) full-time researchers.

Required Evidence for Outstanding Professor or Researcher

To prove that the beneficiary is “outstanding,” the employer petitioner generally must provide evidence of two (2) of the following six (6) legal criteria, but may also include comparable evidence if any of these criteria do not readily apply:

• Evidence of receipt of major prizes or awards for outstanding achievement
• Evidence of membership in associations that require their members to demonstrate outstanding achievement (i.e. only exclusive organizations qualify, not organizations which merely require payment and are open to any professor or researcher in the field)
• Evidence of published material in professional publications written by others about the noncitizen’s work in the academic field
• Evidence of participation, either on a panel or individually, as a judge of the work of others in the same or allied academic field
• Evidence of original scientific or scholarly research contributions in the field
• Evidence of authorship of scholarly books or articles in scholarly journals with international circulation in the field

The above is informational and not intended to be legal advice. Please consult with an experienced business immigration attorney on your specific facts and circumstances before proceeding with any U.S. immigration strategy.