EB-1B immigrant visa classification is for the professor or researcher who is internationally recognized as outstanding in a specific academic area to work in a tenured or tenure-track position or a comparable position to conduct research in the U.S. An EB-1B petition must be filed by a U.S. employer (no self-petition). A labor certification is not required.

EB-1B Green Card Eligibility

The outstanding professor or researcher are internationally recognized for their outstanding achievements in a particular academic field. They must have least 3 years’ teaching or research experience in their academic area, and seek tenure or tenure track teaching or a comparable research position at a university, institution of higher education, or private institute.

The outstanding professor or researcher must meet at least 2 of the 6 criteria:

  1. Receipt of major prizes or awards for outstanding achievement.
  2. Membership in associations that require their members to demonstrate outstanding achievement.
  3. Published material in professional publications written by others about their work in the academic field.
  4. Participation, either on a panel or individually, as a judge of the work of others in the same or allied academic field.
  5. Original scientific or scholarly research contributions in the field.
  6. Authorship of scholarly books or articles (in scholarly journals with international circulation) in the field.

How to Apply

The U.S. employer files Form I-140 with documentary evidence (including evidence of “ability to pay the offered wage”) with USCIS. Form I-485 Adjustment of Status can be filed concurrently with Form I-140 provided that the professor or researcher is in the U.S. and an immigrant visa is available. If the professor or researcher is abroad, a consular processing is required for the application of an immigrant visa. The National Visa Center will review and send the immigrant visa application to the designated U.S. consulate abroad, where hosts the visa interview. An immigrant visa will be issued for the entry to the U.S. as a permanent resident.

Family Dependents’ Green Card

Spouse and unmarried children under the age of 21 may be eligible for green card application with the EB-1B professor or researcher. They will file separate Form I-485 in the U.S. or immigrant visa application abroad.