EB-1(b) (Immigrant Petition for Alien Worker as an Outstanding Professor or Researcher)
Outstanding professors and researchers are aliens who have gained international recognition for their outstanding achievements in a particular academic field. A labor certification is not required. The individual must have at least three years of experience in teaching or research in that academic area. They must be entering the United States in order to pursue tenure or tenure track teaching or comparable research position at a university or other institution of higher education. EB-1(b) aliens are not allowed to self-petition; their employer must serve as the petitioner and the alien is the beneficiary.
Aliens may be employed in a tenure or tenure-track teaching position at a university or similar higher education institution, in a comparable research position at a university or similar higher education institution or in a comparable research position for a private employer. The private employer must employ at least three people in full-time research activities and must have documented achievements in an academic field.
Aliens must include documentation of at least two of the criteria listed below and an offer of employment from the prospective U.S. employer.
Evidence of receipt of major prizes or awards for outstanding achievement (copies of the certificates, awards, letters, etc.)
- Reference letters from the awarding organization and experts in the field who can confirm the prestige of the prize
- Scholarships, fellowships, competitive postdoctoral appointments, and most academic or junior athletic/music awards do not typically satisfy this criterion
Evidence of membership in associations that require their members to demonstrate outstanding achievement (copies of letters from the associations and organizations, including the requirements for membership, and a statement that that person has satisfied the membership requirements or a membership certificate)
- Membership in an organization that is based solely on a level of education or years of experience, paying a fee, or subscribing to an association’s publications is not generally sufficient. Also compulsory membership in an association based on occupation is usually not sufficient.
Evidence of published material in professional publications written by others about the alien’s work in the academic field (copies of the publications, transcripts of videos, pictures)
- The material must be primarily about the alien in order to meet this criterion
- Evidence of participation, either on a panel or individually, as a judge of the work of others in the same or allied academic field (copies of invitations to serve as peer- reviewer, on an editorial board, etc.)
- Evidence of original scientific or scholarly research contributions in the field (copies of relevant writings by others recognizing the research as original scientific work)
Evidence of authorship of scholarly books or articles (in scholarly journals with international circulation) in the field
- Articles that were published in foreign language periodicals should be accompanied by an English translation sufficient to demonstrate that the alien authored the piece.
In addition to at least two of the above, the alien must provide the following evidence:
- Evidence that he/she has at least three years of experience in teaching or research for the academic field. This evidence can include letters from current and previous employers including specific points on the nature of positions, dates of employment, places of employment, and whether the positions were tenured or tenure-track positions.
- If the employer is a university of other institution of higher education, evidence that the position is either a tenure or tenure-track position for a professor or permanent research position in an academic field (a letter from the university outlining the terms of employment)
- If the employer is a private entity, evidence that it employs at least three full-time researchers, that it has documented accomplishments in scientific or academic fields, and that it intends to employ the researcher on a full-time basis (a letter from the employer outlining the particular terms of employment, along with written material regarding the scientific accomplishments, and a list of the full-time employees and their terms of employment)
In 2010, 3,140 out of 3,446 EB-1(b) petitions were approved, an approval rate of 91%
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