EB-1B Visa: Everything You Need to Know

EB-1B Visa for Outstanding Professors and Researchers

The EB-1B visa is one of the EB-1 visas, first preference, employment-based visas. EB-1B visas are awarded to outstanding professors and researchers who wish to work in the United States. With this visa, you can get a green card to work and live permanently in the United States.

EB-1B visas can be your first step to permanent residence. It is important to ensure you meet the requirements and submit all the required documents to the U.S. Citizenship and Immigration Services (USCIS).

The following article discusses the EB-1B visa application process. Learn more about how Tadeo & Silva Law can assist you.

What Are the EB-1B Visa Requirements?

As an outstanding professor or researcher, you can qualify for the EB-1B visa classification, also known as the E-12 outstanding professor or researcher visa. It also grants you and your family permanent residency in the United States.

There are three basic requirements to qualify for the EB-1B visa:

1. International recognition as an outstanding professor or researcher in your specific academic field.
2. Minimum of three years of teaching experience or doing research in your particular academic field. You can also include the years earned when earning a degree if you served as a full-time instructor. Documentation from your employer is needed for these years.
3. A US job offer of a tenured or tenure track position at a university, institution of higher education, or private company. A private employer must show documented accomplishments and employ at least three full-time researchers.

You are not required to obtain a Department of Labor PERM certificate as you would for some employment-based visas if you meet the above requirements.

EB-1B Visa Application Process

For an EB-1B visa, your petitioner, current or future employer, applies on your behalf. Your employer has to prove a continuing ability to pay the wage offered at the visa priority date. Their annual report, audited financial statement, or federal income tax return might be needed to prove it.

So, your employer follows these steps to petition for your EB-1B:

• Fill the Form I-140, Immigrant Petition for Alien Worker.

• Pay the filing fee of $700 for the petition. It can also be upgraded to premium processing (Form I-907) for a filing fee of $2,500.

• Provide all the evidence for the visa.

• Get the receipt of the notice and wait for a notice of the USCIS decision. The USCIS will send a biometric service or interview notice if needed.

An EB-1 application consists of two parts:

1. The priority date: The priority date is the date on which USCIS receives your application. It does not change.
2. The final action date: The final action date varies monthly based on how many people from your country apply for an EB-1 visa. As soon as the priority date meets or exceeds the action date for your country, a visa number will be available, and you can proceed. For final action dates for each month, check the US Department of State’s visa bulletin.