Get Assistance From The Right Experts For Your EB-1B Petition
The EB-1B visa can be a great option for outstanding professors and researchers in certain academic fields to continue their employment with a university, research institute, or other private employer in the U.S. on a permanent basis. With a EB-1B visa, an eligible foreign professional is able to obtain a green card for themselves, their spouse, and their unmarried children under 21 years old.
An EB-1B petition must be filed by the prospective U.S. employer; there is no provision for self-petition under this classification. This makes the prospective U.S. employer the EB-1B Petitioner, and the professor or researcher for whom the petition is being filed, the EB-1B Beneficiary.
This employment-based first preference visa initially requires prospective EB-1B beneficiaries to demonstrate international recognition for their outstanding achievements in a particular academic field, at least 3 years of experience in that same field, and the intention to pursue tenure or tenure-track teaching or a comparable research position.
These requirements can seem straightforward and simple at first glance. However, in order to demonstrate international recognition in the field of expertise, prospective EB-1B beneficiaries must also meet at least two of six additional criteria regarding their qualifications.
Discover the answers to some of the most common questions surrounding EB-1B petitions below.
Do You Qualify For An EB-1B Visa?
As established above, the main requirements include demonstrating the prospective EB-1B beneficiary has received international recognition for his/her outstanding achievements in a particular academic field, at least 3 years of experience in the same field, and the intention to pursue tenure or tenure track teaching or a comparable research position.
In order to satisfactorily establish that the prospective EB-1B beneficiary has received international recognition for their outstanding achievements, USCIS has listed six evidentiary criteria, of which the Beneficiary must successfully prove at least two:
- Evidence of membership in associations that require their members to demonstrate outstanding achievement;
- Evidence of published material in professional publications written by others about the noncitizen’s work in the academic field;
- Evidence of participation, either on a panel or individually, as a judge of the work of others in the same or allied academic field;
- Evidence of original scientific or scholarly research contributions in the field; or
- Evidence of authorship of scholarly books or articles (in scholarly journals with international circulation) in the field.
Before attempting to claim any criteria, it is crucial to consider the comprehensive and detailed standards of law. All cases will be different, and some criteria have been set up in a way that leaves room for interpretation.
At Francis Law Center, our immigration attorneys have extensive experience in all USCIS regulations and can think creatively to demonstrate your eligibility to USCIS, which is essential when applying for an EB-1B Visa.
Why Choose An EB-1B Visa?
An EB-1B visa allows professors and researchers who have demonstrated outstanding achievements, an option to permanently reside in the United States. This visa classification is also highly desirable compared to other employment-based immigrant petitions due to the following reasons:
- There is no requirement for a PERM process.
- The standard of proof required for a successful EB-1B petition is much lesser compared to that of an EB-1A petition.
- Spouses and unmarried children can apply for admission to the United States in E-14 or E-15 immigrant status along with the Beneficiary.
We Have A Unique Perspective On EB-1B Outstanding Professors and Researchers Cases
When this much time, effort, and money is invested into the relocation of top level employees and growth of the company, it’s always best to have an expert handle your case.
Based out of Chicago, Illinois, with additional offices in Schaumburg, IL, Naperville, IL, and Madison WI, Francis Law Center is committed to optimizing the immigration path for foreign professionals from all over the world and their U.S. employers. Our clients include people coming to the United States from India, Pakistan, China, Canada, Latin America, the Middle East, Asia, Europe, Africa, and elsewhere.
Francis Law Center focuses on practicing immigration law. In fact, it is the only kind of law we practice. Attorney Jae Francis Lee brings experience as a professional, previously working as a professor for 22 years at the University of Wisconsin and holds a Ph.D. from New York University. He understands the importance of in-depth research and meticulous documentation required for a successful EB-1B Visa petition. As a result, we can help you understand your options when it comes to qualifying and filling an EB-1B petition.
Schedule an Initial Consultation: Call us at 866-868-1596. You can also reach us online. We look forward to hearing from you.
