EB-1B Permanent Visa: Outstanding Professors & Researchers

EB-1B: OUTSTANDING PROFESSORS

 

Who can file and What to File

 

Any United States employer desiring and intending to employ a professor or researcher who is outstanding in an cademic field under section 203(b)(1)(B) of the Act may file an I–140 visa petition for such classification. Academic field means a body of specialized knowledge offered for study at an accredited United States university or institution of higher education. A Permanent Researcher position means either tenured, tenure-track, or for a term of indefinite or unlimited duration, and in which the employee will ordinarily have an expectation of continued employment unless there is good cause for termination.

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Initial Evidence.

 

1) Evidence that the professor or researcher is recognized internationally as outstanding in the academic field specified in the petition consisting of at least two of the following:

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(A) Documentation of the alien’s receipt of major prizes or awards for outstanding achievement in the academic field.

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(B) Documentation of the alien’s membership in associations in the academic field which require outstanding achievements of their members.

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(C) Published material in professional publications written by others about the alien’s work in the academic field. Such material shall include the title, date, and author of the material, and any necessary translation.

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(D) Evidence of the alien’s participation, either individually or on a panel, as the judge of the work of others in the same or an allied academic field.

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(E) Evidence of the alien’s original scientific or scholarly research contributions to the academic field; or

 

(F) Evidence of the alien’s authorship of scholarly books or articles (in scholarly journals with international circulation) in the academic field.

 

2) Evidence that the alien has at least three years of experience in teaching and/or research in the academic field. Experience in teaching or research while working on an advanced degree will only be acceptable if the alien has acquired the degree, and if the teaching duties were such that he or she had full responsibility for the class taught or if the research conducted toward the degree has been recognized within the academic field as outstanding. Evidence of teaching and/or research experience shall be in the form of letter(s) from current or former employer(s) and shall include the name, address, and title of the writer, and a specific description of the duties performed by the alien; and

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3) An offer of employment from a prospective United States employer in the form of a letter from:

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(A) A United States university or institution of higher learning offering the alien a tenured or tenure-track teaching position in the alien’s academic field;

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(B) A United States university or institution of higher learning offering the alien a permanent research position in the alien’s academic field; or

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(C) A department, division, or institute of a private employer offering the alien a permanent research position in the alien’s academic field. The department, division, or institute must demonstrate that it employs at least three persons full-time in research positions, and that it has achieved documented accomplishments in an academic field.

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No Labor Certification Requirement

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A labor certification is NOT required for this classification.

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