Outstanding Professors and Researchers (EB-1B)
Q: What is Eb-1B?
A: Eb-1B, also known as the classification of outstanding professors and researchers, is given to professors and researchers recognized internationally for their outstanding academic achievements in a particular field.
Q: What are the statutory requirements for Eb-1B?
A: An Eb-1B outstanding professor or researcher must have at least three years' experience in teaching or research in that academic area and enter the U.S. in a tenure or tenure-track teaching or comparable research position at a university or other institution of higher education.
Q: Does Eb-1B need employer sponsorship?
A: Yes, unlike Eb-1A, Eb-1B requires that the alien has a permanent employment offer from a U.S. employer. Permanent job offer includes, but is not limited to, tenure or tenure-track positions. For positions other than tenure or tenure-track, the offer letter must be carefully drafted to meet the "permanent job" requirement. Click here to access a sample offer letter for Eb-1B petition.
Q: Can private companies sponsor Eb-1B?
A: Yes, a private company can file an Eb-1B petition for a qualified alien worker. However, there are additional requirements a private company has to meet for filing Eb-1B petitions. If the employer is a private company rather than a university or educational institution, the department, division, or institute of the private employer must employ at least three persons full-time in research activities and have achieved documented accomplishments in an academic field.
Q: I am an engineer, and my job duties involve primarily engineering rather than research. Can I apply for Eb-1B?
A: No. Eb-1B is a classification for researchers and professors only. To be eligible for this classification, your job duties must be primarily research.
Q: What evidence should be submitted in an Eb-1B petition?
A: Petitioner should submit evidence establishing that the professor or researcher is recognized as outstanding in the academic field. Such evidence must include documentation of at least two of the following:
- Receipt of major prizes or awards for outstanding achievement;
- Membership in associations that require their members to demonstrate outstanding achievements;
- Published material in professional publications written by others about the alien's work in the academic field;
- Participation, either on a panel or individually, as a judge of the work of others in the same or allied academic field;
- Original scientific or scholarly research contributions in the field;
- Authorship of scholarly books or articles (in scholarly journals with international circulation) in the field.
Q: Is Labor Certification required in Eb-1B petition?
A: No, a labor certification is not required in Eb-1B petition.
Q: How do I know if I am qualified for Eb-1B petition?
A: Now you know the basics about Eb-1B from our website. If you are wondering whether your credentials qualify you to file Eb-1B petition, or how high your chance is to be approved, e-mail your resume or curriculum vitae to evaluation@niwus.com. Our managing attorney will personally review your credentials and get back to you with a written evaluation within two work days. The evaluation is free and you are under no obligation to retain us after the evaluation.
Q: What am I expected to see in your evaluation?
A: The information provided in the initial evaluation may be different case by case because we do not use a broad brush template to answer every request. Each individual case is unique. Essentially, however, our evaluation includes the following information: (1) whether your credentials meet the minimum Eb-1B requirements; (2) whether your case has a reasonable chance to be approved; and (3) if, in our best judgment, you are not qualified for Eb-1B, what other options you have to obtain a green card.
Q: How are Eb-1B cases handled by LPY Law Group?
A: All cases including Eb-1B cases are diligently handled by our experienced attorneys. We strictly follow the deadlines set forth in our work procedures to process each individual case. For details about our work procedure for processing Eb-1B cases at LPY Law Group, please click HERE for a Step by Step Procedure Flowchart.
Q: What is the approval rate of Eb-1B Cases handled by LPY Law Group?
A: The approval rate of Eb-1B cases handled by LPY Law Group is substantially higher than the national average. We have helped many qualified foreign nationals obtain permanent residency through the classification of Outstanding Researcher/Professor. Click HERE for our Recently Approved Eb-1B Cases.
