EB-1B Visa
The EB-1B visa is intended for outstanding professors and researchers in their fields.
Eligibility for this visa depends on excelling in the field, having international recognition, and being considered distinguished. Under these criteria, the term “field” is defined as “a specialized field of knowledge offered for study at an accredited university or institution of higher education in the U.S.”
Who Qualifies?
To qualify the applicant must demonstrate that the field is not simply one subject or a narrow area of specialization, but rather a broader area of knowledge that is extensively studied. Therefore, proving that the applicant is distinguished in a specific field like particle physics may be easier than proving distinction in a broader field like physics.
EB-1 Visa
EB-2 NIW Visa
How do you apply?
To apply for this visa, the applicant needs a job offer from a U.S. employer and at least three years of teaching or research experience. The offered position must be tenured or capable of leading to a tenured role for a professor or researcher. Since research positions at U.S. research universities are typically not tenured, the criterion for research positions is that the offer must be for a position of indefinite duration. The job offer showing the employer’s ability to pay the applicant’s salary must be submitted in writing to USCIS. There is no labor certification (PERM) needed to prove that no U.S. worker is available for the job.
To prove that you are an outstanding professor or researcher, you must provide two pieces of evidence from the following :
1. Awards received for outstanding achievements.
Examples of evidence:
Awards from recognized national institutions or professional associations
Doctoral thesis awards
Specific awards for presentations at nationally or internationally recognized conferences
2. Membership in Associations
Examples of evidence:
Membership in specific professional associations
Connections to certain organizations or institutions
3. Publications about the applicant’s academic work
Examples of evidence:
Printed publications about the individual and their work (newspaper articles, popular and academic journal articles, textbooks, etc.)
Online publications about the individual and their work
Transcripts of audio or video broadcasts about the individual and their work
4. Serving as a judge or referee
Examples of evidence:
Peer or referee evaluations for an academic publication (with evidence from the publication showing that the individual was invited and that the evaluation was completed)
Reviews of abstracts or papers submitted at academic conferences
Serving as a jury member for a doctoral thesis
Reviewing research funding proposals for government funding programs
5. Original Contributions
Examples of evidence:
Publications discussing the importance of the individual’s work
Reference letters, statements, and sworn affidavits about the individual's work
Citations of the individual’s work
Evidence of patents, licenses, or commercial use of the individual's work
6. Published articles or academic papers.
Examples of evidence:
Articles published in peer-reviewed journals related to the field of expertise
Presentations published in nationally or internationally recognized conferences
Submitting These forms of evidence does not always guarantee visa eligibility, as USCIS evaluates their relevance. . In a memorandum from 1992, it was determined that the following evidence can demonstrate the applicant’s qualifications as a professor or researcher:
- Presentations evaluated by peer reviewers at academic symposiums
- Peer-reviewed articles published in academic journals
- Testimony from other academics regarding the applicant’s contributions to the field
- Citations to the applicant’s work in academic articles
- Serving as a peer reviewer for an academic journal
We don’t apply a one-size-fits-all approach; instead, we tailor every step of the process to suit the individual needs of our clients and present the strongest possible case.