Employment-Based First Preference

EB-1B Outstanding Professor or Researcher

The EB-1B classification is for professors and researchers who are internationally recognized as outstanding in a specific academic area. Unlike EB-1A, this category requires employer sponsorship and a job offer for a tenured, tenure-track, or comparable permanent research position.

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Eligibility Requirements

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Two-Step Review Process

Step One

Assess whether evidence meets regulatory criteria: Determine, by a preponderance of the evidence, which evidence submitted by the petitioner objectively meets the parameters of at least 2 of the 6 regulatory criteria.

Step Two

Final merits determination: Evaluate all the evidence together to determine whether the beneficiary is recognized internationally as outstanding in a specific academic area.

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Regulatory Criteria

1. Major Prizes or Awards

Receipt of major prizes or awards for outstanding achievement in the academic field.

Examples
  • Awards from well-known national institutions or professional associations
  • Doctoral dissertation awards
  • Awards recognizing presentations at nationally or internationally recognized conferences

2. Membership in Associations

Membership in associations in the academic field that require outstanding achievements of their members.

Examples
  • Fellowship with prestigious organizations or institutions
  • Membership in professional associations requiring outstanding achievements
  • Memberships judged by panels of current fellows or experts

3. Published Material About You

Published material in professional publications written by others about the beneficiary's work in the academic field. Must include title, date, and author.

Examples
  • Professional print or online publications about your work
  • Academic journal articles discussing your contributions
  • Transcripts of professional audio or video coverage

4. Judging the Work of Others

Participation, either individually or on a panel, as the judge of the work of others in the same or an allied academic field.

Examples
  • Reviewer of abstracts or papers for scholarly conferences
  • Peer reviewer for scholarly publications
  • Member of doctoral dissertation committees
  • Peer reviewer for government research funding programs

5. Original Research Contributions

Original scientific or scholarly research contributions to the academic field.

Examples
  • Published materials about the significance of your original work
  • Testimonials and letters about your original contributions
  • Citation history showing impact on the field
  • Patents or licenses deriving from your work

6. Scholarly Articles

Authorship of scholarly books or articles in scholarly journals with international circulation in the academic field.

Examples
  • Publications in peer-reviewed journals
  • Published conference presentations at recognized conferences
  • Scholarly books in the academic field
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Application Process

Job Offer

Obtain offer of tenured, tenure-track, or permanent research position from qualifying employer.

Eligibility Assessment

Evaluate credentials against the 6 regulatory criteria (must meet at least 2).

Evidence Compilation

Gather documentation of awards, publications, citations, peer review, and research contributions.

Petition Filing

Employer files Form I-140 with supporting evidence.

Adjudication

USCIS conducts two-step review: criteria assessment, then final merits determination.

RFE Response (if issued)

If USCIS requests additional evidence, prepare comprehensive response.

Approval & Green Card

Once I-140 is approved, proceed with Adjustment of Status or Consular Processing.

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Key Benefits

No PERM Labor Certification required
Premium Processing available
Green Card for spouse and unmarried children under 21
First preference category (faster visa availability)
Path to permanent residency through employment
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Documents Needed

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Frequently Asked Questions

What is the difference between EB-1A and EB-1B?
EB-1A is for individuals with extraordinary ability who can self-petition without a job offer. EB-1B requires employer sponsorship and a job offer for a tenured, tenure-track, or permanent research position. EB-1B also requires 3 years of experience in the field.
What qualifies as a 'permanent research position'?
A permanent research position is one of indefinite or unlimited duration where the employee has an expectation of continued employment. Research positions funded by yearly grants can qualify if the employer demonstrates intent to continue seeking funding and a reasonable expectation that funding will continue.
Can government agencies petition for EB-1B?
Generally, government agencies do not qualify as petitioners for EB-1B unless they can establish they are a U.S. university or institution of higher learning. Private employers must employ at least 3 full-time researchers.
How many criteria must I meet?
You must meet at least 2 of the 6 regulatory criteria. Meeting the minimum does not guarantee approval - USCIS also evaluates whether you are internationally recognized as outstanding in your academic field.
What does 'internationally recognized as outstanding' mean?
USCIS evaluates factors such as publishing in highly-ranked journals, high citation rates (h-index), employment at leading research institutions, invitations to speak at recognized conferences, and being named on peer-reviewed government grants.
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Fees

Attorney Fee for I-140$8,420 (Initial Installment: $3,920; Monthly Installments: $1,500)
USCIS Fee for I-140$715
Premium Processing$2,805
Asylum Program$600/$300/$0
Attorney Fee for I-485 or IVP (Consular Process)$1,500 for Principal Applicant, $850 for Each Dependent
USCIS Fee for I-485$1,440 for Each Adult & $950 for Each Child under 14 years old
Optional EAD Application (I-765) per Adult$260
Optional Advance Parole (I-131) per Adult$630
IVP (Consular Process) Fee for Each Applicant$345

Fees are estimates and may change. Contact us for a quote for your specific case.

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For informational purposes only — not legal advice · Consult an attorney for your specific situation.