For outstanding professors or researchers
EB1B is an immigration visa designed for foreign nationals who are outstanding professors or researchers. The professor or researcher must show that he or she are internationally recognized as outstanding in the field.
For EB1B petitions, a labor certification is not required, but, unlike EB1A, a permanent employment offer is required. So, an employer must sponsor the EB1B petition.
USCIS applies a two-step evidentiary review to evaluate the evidence submitted with the petition to demonstrate eligibility for classification as a person with international recognition as outstanding:
STEP 1 (Regulatory Criteria): the petitioner must submit documentation satisfying at least two of the following six categories:
Membership in associations in the academic field that require outstanding achievements of their members
Receipt of major prizes or awards for outstanding achievement in the academic field
Published material in professional publications written by others about the beneficiary's work in the academic field. Such material must include the title, date, and author of the material, and any necessary translation
The beneficiary's participation, either individually or on a panel, as the judge of the work of others in the same or an allied academic field
The beneficiary's original scientific or scholarly research contributions to the academic field
The beneficiary’s authorship of scholarly books or articles (in scholarly journals with international circulation) in the academic field
STEP 2 (Final Merits Determination): this step involves an evaluation of all the evidence together to find whether the professor or researcher has achieved international recognition as outstanding in the academic field.
Additionally, the employer must be a university, an institution of higher learning, or a department, division, or institute of a private employer that employs at least three persons full time in research activities and has achieved documented accomplishments in an academic field. As for the offered position, it must a tenured or tenure-track teaching position or a permanent research position in the beneficiary’s academic field. The employer must show that it has the ability to pay the professor’s or researcher’s proffered salary.
Why hire us for EB1B
EB1B requires very high standard of achievements to show that the professor or researcher are outstanding and internationally recognized as such. Many of the above evidences may seem easy to achieve; but in reality, there are numerous nuances for each type of evidence that must be satisfied. Sometimes, the most qualified professors or researchers do not receive approvals due to poor strategy and preparation. On the other hand, an experienced attorney with several years of experience working on EB1B cases can strategize the legal arguments and document collection to effectively avoid issues and respond to USCIS pushback.
At the Law Office of Xiaomin Hu, we have many attorneys and staff with years of experience in EB1B petitions. We provide unique and outstanding immigration services to make a difference for our clients. Each case, either big or small, will be evaluated and handled by an immigration attorney who collaborates with the team to provide top-notch service. We will put ourselves in your shoes and deliver the best result for clients. We provide a compassionate and understanding approach as well as professional immigration knowledge.