Introduction
The EB1-B classification applies to individuals who have acquired international recognition in their scientific or scholarly field and have at least three years of experience in teaching or research in their academic area. Contrary to the EB1-A category, EB1-B applicants should secure a permanent job with a U.S. employer. In this regard, the U.S. employer should file an immigrant petition for the foreign national as the beneficiary of the petition. However, similar to the EB1-A classification, completing the labor certification process is not required under the EB1-B classification.
Requirements
Individuals satisfying the following criteria (in addition to the international recognition and three years’ teaching or research experience requirements) are eligible to receive a U.S. immigrant visa under the EB1-B classification:
1
Secured tenured or tenure-track teaching position or comparable research position
- Foreign nationals should secure a tenured position (or tenure-track position) within a higher education institution to teach in the academic area in which the alien has the requisite recognition and expertise; or
- Secure a comparable position within a higher education institution to conduct research in said academic area; or
- Take a research position having no fixed term in which the employee will ordinarily have an expectation of permanent employment; or
- Take a comparable position to conduct research in said academic area within a department, division, or institute of a private employer. Foreign nationals are privileged to take advantage of this alternative if the private employer employs at least 3 persons full time in full-time research activities and demonstrates accomplishments in the academic field).
2
Qualifying under at least two of the following requirements:
- Evidence of receipt of major prizes or awards for outstanding achievement:
- The criteria for receiving the award as well as how many people competed for it may be cited.
- The award should be national or international in scope and student awards do not meet the threshold.
- Evidence of membership in associations that require their members to demonstrate outstanding achievements:
- Membership in associations which only require the payment of nominal fee for membership does not suffice.
- Evidence of published material in professional publications written by others about the alien’s work in the academic field:
- The foreign national should be the primary focus of the published material and the mere fact that the published material quotes the foreign national’s work does not suffice.
- The foreign national should provide information on the title, date, and author of the published material.
- Evidence of participation, either on a panel or individually, as a judge of the work of others in the same or in an allied academic field:
- Foreign nationals may serve as a reviewer for journals and conferences with national or international reputation.
- Foreign nationals demonstrating that they have judged a high number of articles and conference papers published in reputable journals have a higher chance of obtaining U.S. permanent residency under the EB1-B category.
- Serving on dissertation graduate committees may also be acceptable under this prong.
- Evidence of original scientific or scholarly contributions in the field:
- Recommendation letters from independent experts highlighting the foreign national’s significant contribution to his/her field of endeavor may be presented.
- Patents which have significantly impacted the relevant field may also satisfy this criterion.
- Evidence that a foreign national’s work has been widely used, adopted, built on, or cited by independent peers is also looked upon favorably.
- Evidence of authorship of scholarly books or articles in academic or scholarly journals with international circulations in the field:
- The quality of the published articles, the number of citations, and the reputation of the journal the article has been published in are of significant importance.
Please note that the examples provided above under each requirements are a few examples to prove extraordinary ability and ample other evidence may also be provided.
For more information on the EB1-B visa category, you may contact the Kameli Law at eb1@kameli.com.
Evidence of “International Recognition” For EB1-B
Foreign nationals interested in the EB1-B visa classification may take advantage of any evidence to support their international recognition in their academic field. The documentary evidence used by applicants may be in the form of recommendation letters from independent experts describing the significant contributions the foreign national has made to the academic field.
Calculation of Three Years of Experience
As a general rule, a foreign national should have three years of teaching or research experience in their academic field after he/she receives his/her academic degree. However, those who have teaching or research experience while working towards their degree may qualify under the EB1-B category under certain circumstances. In fact, the foreign national should have already acquired their academic degree; had full responsibility for the class taught, or the research project conducted towards the degree was recognized within the academic field as outstanding. Employment letters from current or former employers describing the nature of duties and the duration of employment are also required to prove the three years of teaching or research experience.
Final Merits Determination
USCIS will also have a final review of all submitted materials and all evidence to determine if an applicant is, by the preponderance of the evidence, recognized internationally as outstanding in a specific academic area.
Advantages
The advantages of applying for U.S. permanent residency through the EB1-B category are as follows:
- The EB1-B classification does not require obtaining labor certification which is time-consuming and tedious process.
- The EB1-B immigrant visa is current, allowing foreign applicants to obtain their U.S. permanent residency faster than EB-2 and EB-3 categories.
- Applicants can take advantage of the premium processing alternative should they wish to have their immigrant application to be adjudicated sooner.
- The foreign applicant’s spouse and unmarried children under 21 are eligible to obtain U.S. permanent residency under the EB1-B classification as well.
