EB-1B visa is an immigrant visa available to foreign outstanding professors and researchers. To qualify for EB-1B, the foreign national’s achievements in a specific academic field must have received international recognition as being outstanding. In addition, EB-1B requires at least three years experience in teaching or research in the specific field. Unlike EB-1A, an EB-1B petition must be filed by a qualified U.S. employer for the foreign national beneficiary.
COMMON QUESTIONS AND ANSWERS
Can I file the EB-1B petition for myself?
No. EB-1B is not available for self-petitioning.
Who can file the EB-1B petition for me?
The EB-1B petitioner should be your prospective U.S. employer. Qualified U.S. employers include:
- University or institution of higher education; or
- Private employer if it employs at least 3 full-time researchers and has achieved accomplishments in your field.
Do I need Labor Certification to file for EB-1B?
No, Labor Certification is required for EB-1B petition. However, you will need an offer letter from your U.S. employer that offers you a qualified position (see question 4) for EB-1B petition.
What kind of job position is qualified for EB-1B petition?
You might prove that you are an outstanding professor or researcher by providing evidence of:
- A tenure or tenure track teaching position within a university or institution of higher education; or
- A permanent researcher position at university or institute of higher education; or
- A permanent researcher position with private employer if it employs at least 3 full-time researchers and has achieved documented accomplishments in your field.
What requirements do I need to meet if I want to apply for EB-1B visa?
Generally, you must have evidence to show that you have been recognized internationally as outstanding in a specific academic field. Also, you must have at least three years experience in teaching or research in that field. Furthermore, your prospective U.S. employer and job position must be qualified for EB-1B petition (see question 2 and 4).
Specifically, you must also provide at least two of the following evidence:
- Receipt of major prizes or awards for outstanding achievement
- Membership in associations that require their members to demonstrate outstanding achievement
- 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
Can I use my research experience during my PhD study to meet the three-year experience requirement?
You can if you have received the PhD degree and if your research has been recognized as outstanding within the academic field.
How long does it take to get the result for my EB-1B petition?
The normal processing time is 4-6 months. However, EB-1B case is available for Premium Processing which will cost $1,225 and the case processing time would be only 15 calendar days.
If my EB-1B petition get approved, when can I get my Green card?
After your EB-1B get approved, you will need to file an application called I-485 to adjust your status to permanent resident and to get green card. However, even if you can get your EB-1B case approved, you may still need to wait for some period of time before you can file the I-485 application. This depends on when your priority date can become current according to the dates listed on the visa bulletin for people from your country. Finally, if the USCIS approves your I-485 application, you will officially become a legal permanent resident in the U.S.
How much does it cost for the filing fee of EB-1B petition?
The USCIS filing fee of EB-1B petition is $700. If you would like to use Premium Processing service for your case, the cost would be additional $1,225.
What if I have more questions on EB-1B visas?
Please feel free to contact us for a free initial consultation. We would be happy to answer any questions regarding L-1B that you may have.