A professor or researcher who shows that he is outstanding in his or her specific academic field and is recognized internationally may qualify for an EB-1B visa. The EB-1B visa requires that the alien have a full- time job offer in the U.S. The application to USCIS is made by the prospective U.S. employer, not the individual.
A successful EB-1B candidate is eligible for a green card and permanent residence in the U.S.
An EB-1B visa does not require a labor certification but the sponsoring employer must provide a letter demonstrating an offer of full-time employment for a tenured or tenure-tracked teaching or comparable research position in the United States.
If the position is a teaching position, it must be at a university or an institution of higher education. If a research position, it may be at a university or institution of higher education or may be a comparable position with a private employer if that private employer meets certain additional requirements regarding the number of researchers employed and their research accomplishments. The sponsoring employer should be prepared to show its ability to pay the researcher or professor.
To be eligible, the candidate must have a minimum of 3 years of teaching and/or research experience in the academic area. If this teaching and/or research experience was gained while pursuing an advanced degree, the alien must have been fully responsible for teaching the courses or the research must be recognized as outstanding in order for the experience to be applied toward the 3 year requirement.
To demonstrate that the professor or researcher is internationally recognized as outstanding in the particular field, the application must be supported by documentation that meets at least 2 of the following 6 criteria, similar to those in the EB-1A category:
– Is a member of an association that requires outstanding achievements of its members
– There is material in professional publications written by others about the alien’s work,
– Alien has participated as a judge of the work of others in the field
– Original contributions in the field
– Has authored scholarly books or articles in journals that have international circulation
It is important to understand the finer points and characteristics of qualifying professor or research positions with both institutions of higher education and private employers. In addition, there are specifics that must be addressed in the sponsoring employer’s letter regarding the terms of the proposed employment and job requirements. Our experienced and knowledgeable lawyers can help employers and individuals navigate this process.