The EB-1B category of the EB-1 green card is available to foreign nationals recognized internationally as outstanding professors and/or researchers in a specific academic area. USCIS further stated in a Policy Memo that the individual “should stand apart from the academic community through eminence and distinction based on international recognition.”
Who qualifies for the EB-1B visa?
To qualify under the EB-1B category, the petitioner must be internationally recognized as someone who is outstanding in a specific academic area. Additionally, an EB-1B beneficiary must have 3 years of experience in teaching or researching the academic area. The EB-1B beneficiary must be coming to the U.S. for one of the following:
– a tenured teaching position within a university or institution of higher education;
– a comparable research position within a university or institution of higher education; or
– a comparable research position with a private employer.
An offered research position may be tenured, tenure track, or a permanent offer.
If the EB-1B beneficiary is coming to the U.S. for a job with a private employer, that private employer must have at least 3 full-time researchers and the department, division or institution must have documented accomplishments in the academic field.
The governing regulations define an “academic field” as “a body of specialized knowledge offered for study at an accredited U.S. university or institution of higher education.” This means that the field must be more than an area of specialization only offered in a single course or the subject of a very specialized dissertation.
What type of experience qualifies for the three year rule?
Generally, the requisite experience should be in teaching or research positions in the particular academic area. However, USCIS will count experience in teaching and research while the beneficiary was working on an advanced degree if the beneficiary actually received that advanced degree, the beneficiary had full responsibility for the class taught, or the research conducted during that time has been recognized as outstanding in the academic field.
Do you need an employer to file an EB-1B visa on your behalf?
Yes. Employees seeking EB-1B classification cannot petition for themselves. They must have a U.S. employer petition on their behalf.
What documents should you gather for an EB-1B petition?
If you think you may qualify for the EB-1B, you should submit at least two of the following:
– Major prizes or awards for outstanding achievement;
– Membership in an association that requires outstanding achievement for membership;
– Published material is written about you in professional publications;
– Evidence of your participation judging the work of others;
– Evidence of original scientific research;
– Evidence of any scholarly books, articles, or other publications written by you;
– Any comparable evidence where the above documents do not apply to your field.
In addition, the petitioning employer must submit documentation showing that they are able to pay the designated wage to the EB-1B beneficiary. If the petitioning employer does not submit this documentation, it is likely that the petition will be denied.
Is the EB-1B subject to the Kazarian two-part test?
Yes. As discussed above, the EB-1A and EB-1B categories are subject to the heightened scrutiny of the Kazarian two-part test.
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