Green Card Roadmap
for Outstanding Professors
or Researchers (EB-1B)

What Is the EB-1B Category?

The EB-1B category was created for "outstanding" professors and researchers who possess a minimum of three years of teaching and/or research experience, are "recognized internationally as outstanding in their academic field," and have a job offer in the U.S. for a tenured or tenure-track teaching position or a permanent research position at a university, college, or a qualifying private institution.

EB-1B vs. EB-1A: How Do They Compare?

The EB-1B route might appear as a less attractive option when compared to the EB-1A route for individuals of extraordinary ability. It has relatively narrow requirements for the type of job offer and U.S. employer, beneficiaries cannot self-petition, and it generally provides less flexibility in terms of career planning. In addition, EB-1B petitions may be just as complex and labor-intensive as EB-1A petitions.

Nonetheless, this green card route may be a viable alternative for researchers who have distinguished themselves internationally but are not yet part of the small percentage who have risen to the very top of their academic field and thus do not meet the higher EB-1A threshold of "extraordinary ability." Another advantage is that the EB-1B route does not require the filing of a lengthy PERM Labor Certification.

The Two-Step Process

The EB-1B road to permanent residence consists of two distinct steps:

International Recognition: Meet at Least Two Criteria

You must be able to demonstrate that you are recognized internationally as outstanding in your academic field by providing evidence for at least two of the following six criteria:

• Receipt of major prizes or awards for outstanding achievement in your academic field that are national or international in scope (rather than local or regional).
• Membership in associations in the academic field that require outstanding achievements of their members, which are further indicative of international recognition.
• Published material in professional publications written by others about your work in the academic field. The material must demonstrate your international recognition for outstanding achievement compared to others in your field.
• Participation as a judge of the work of others in the same or an allied academic field. Your participation as a judge should be further indicative of your international recognition as being outstanding in your field.
• Original scientific or scholarly research contributions to your academic field at large that have gained international recognition.
• Authorship of scholarly books or articles in scholarly journals with international circulation.

Three Years of Teaching or Research Experience

You must have at least three years of experience in teaching and/or research in your academic field.

Qualifying U.S. Job Offer

You need an offer of employment from either:

• A U.S. college or university; or
• The department, division, or institute of a private entity that employs at least three full-time researchers and has achieved documented accomplishments in an academic field.

The employment offer must be in your academic field and for:

• A tenured or tenure-track teaching position; or
• A permanent research position.

The Final Merits Determination

When adjudicating the EB-1B petition, U.S. Immigration uses a two-step approach: First, the reviewing officer determines whether you meet the minimum criteria listed above. If you do, the officer will then perform a subjective "final merits" analysis and consider the submitted evidence in its totality to evaluate whether you truly fit the classification as someone who possesses a high level of expertise and is internationally recognized as outstanding in their academic field.

U.S. Employer (Petitioner) Documentation

• Financial statements for the past three years (tax returns, profit & loss statements, etc.).
• Formal job offer letter signed by an individual with hiring authority.
• Detailed description of the proposed U.S. research or teaching position.

Additional Requirements for Private Entity Petitioners

If the petitioning employer is a private entity (rather than a university or college), the following additional documentation is required:

• Documentation of the entity's accomplishments in the academic field (such as publications, the award of large sums of grant money, patents, or invitations to present at conferences, etc.).
• Proof that the entity employs at least three full-time researchers.

Foreign Beneficiary Documentation

Identity, Status, and Biographical Documents

• Current Curriculum Vitae or resume.
• Educational documents (with certified English translation, if applicable).
• I-94 with travel history, previously issued visa(s), previously issued I-797 Approval Notice(s), as applicable.

Non-Traditional Academic Fields

If you work in a less-than-traditional field, you must provide evidence that your area of research is considered an academic field — that is, a body of specialized knowledge offered for study at an accredited U.S. university or institution of higher education.

Evidence of Outstanding Professor or Researcher Status

• Letter(s) from current or former employer(s) confirming your teaching and/or research experience.
• Evidence of awards you have won in your academic field.
• Evidence of your membership in academic or professional associations, along with evidence of each association's criteria for membership.
• Copies of published material about your work in academic or professional publications or other major media outlets.
• Evidence of your judging of the work of others in the same or an allied academic field.
• Expert letters and other documentation confirming and describing your original scientific or scholarly contributions to your field.
• Evidence of your authorship of scholarly books or articles, along with journal rankings, proof of international circulation, published reviews, citations to your work by independent researchers, etc.

Additional Supporting Evidence

Any additional evidence of your outstanding professor or researcher status can strengthen your case. Examples include invitations to present at international conferences, expert letters attesting to your international recognition, evidence of fellowships, grants, honors, evidence that your work is listed as required or recommended reading, and/or has been translated into other languages.

AOS vs. IVP: Two Pathways to the Green Card

After approval of the I-140 petition — or at the time of filing the I-140, if you are already in the U.S. and qualify to concurrently file for adjustment of status — you will need to submit additional documentation. Serotte Law will provide a comprehensive document checklist for every step of the process.

Family Members

Your spouse and minor unmarried children under the age of 21 are eligible for permanent residence as derivative beneficiaries of the approved I-140 EB-1B petition. However, each qualifying family member must file their own green card application through adjustment of status or immigrant visa processing. The fees associated with family filings are quoted separately as applicable.

Step 1: I-140 Immigrant Petition Costs

Legal Fees

Government Filing Fees

• $715 for the I-140 Immigrant Petition for Alien Workers.
• $600 Asylum Program Fee (nonprofit petitioners are exempt from this fee; small employer petitioners with 25 or fewer full-time equivalent employees qualify for a 50% discount of $300).
• $2,805 for Premium Processing (ensures action on your case within 15 business days).

Step 2: Green Card Application Costs (AOS or IVP)

The costs for Step 2 will vary depending on which route you choose.

Comparable Evidence

U.S. Immigration understands that one or more of the six criteria may not readily apply to your academic field. If this is the case, you may submit alternative, but "comparable" evidence, such as important patents or your receipt of prestigious, peer-reviewed funding grants.

Meeting the Three-Year Experience Requirement

The requirement of three years of experience in teaching and/or research may be hard to meet for professors and researchers who are still in the early stages of their careers. However, the regulations specifically allow for experience gained while working on an advanced degree.

If you want to use pre-degree experience, you will have to demonstrate the following:

• You completed the degree.
• Your teaching duties gave you full responsibility over the class you taught.
• The research you conducted while working on your degree has been recognized in your academic field as outstanding (there is no requirement that your research be recognized as internationally outstanding).

Legal and Policy Sources

• 8 C.F.R. § 204.5(i)
• USCIS Policy Manual, Vol. 6, Part F, Ch. 3 — Outstanding Professor or Researcher; Employment-Based Immigration: First Preference EB-1; Adjustment of Status
• Travel.State.gov: Employment-Based Immigrant Visas

Immigration policies and regulations are complex and frequently subject to change. The information contained in this roadmap is intended to provide you with a general overview and may not address your particular circumstances and needs. Serotte Law will assist you along the way and answer any questions you may have about the green card process for outstanding professors and researchers. Request a consultation or give us a call at 888-875-8110.