EB-1B Outstanding Professors and Researchers
What is the EB-1B
The EB-1B visa caters to outstanding professors and researchers recognized internationally for their contributions to academia. This category requires a job offer and is targeted at those who have achieved significant academic success and wish to continue their work in the U.S.
Benefits of the EB-1B Visa
The EB-1B Visa offers numerous benefits for beneficiaries, including:
- No Labor Certification: One of the most notable advantages of the EB-1B visa is that it does not require a labor certification. This means that applicants do not need to go through the lengthy and often complicated process of proving that there are no qualified U.S. workers available for the position.
- Premium processing: Applicants can expedite the processing of their visa petitions for an additional fee. With premium processing, applicants can receive a response from USCIS within 15 calendar days.
- Path to Citizenship: EB-1B Green Card holders can apply for U.S. citizenship after five years.
Eligibility Criteria for the EB-1B
To qualify for the EB-1B visa,applicants must satisfy at least two of the following six criteria:
- Evidence of receipt of major prizes or awards for outstanding achievement.
- Membership in associations that require outstanding achievements for membership.
- Published material in professional publications written by others about the applicant’s work.
- Evidence of participation as a judge of the work of others in the same or a related field.
- Evidence of original contributions of major significance to the field.
- Authorship of scholarly books or articles in scholarly journals with international circulation.
Job Offer Requirements
Applicants must have a job offer for a tenure-track or comparable research position at a university or other institution of higher education.
Visa Bulletin
The Visa Bulletin is a monthly publication issued by the U.S. Department of State that provides critical information regarding the availability of immigrant visas (green cards) for various categories of applicants. It outlines the Final Action Dates and Dates for Filing, which help applicants understand when they can proceed with their green card applications based on their priority dates.
The priority date is established when the U.S. citizen files Form I-140, Immigrant Petition for Alien Workers. This date serves as the applicant’s place in the visa queue, which is essential because the number of visas available in this category is limited.
The Final Action Date indicates when an immigrant visa number is available for issuance. If an applicant’s priority date is earlier than the Final Action Date listed for the Employment 1st category, they are eligible to receive their green card that month.
Conversely, the Dates for Filing chart specifies the earliest dates when applicants can submit their green card applications, even if their priority date is not yet current according to the Final Action Date. This allows applicants to prepare and file their applications in advance, which can help expedite the process once their priority date becomes current.
This process can often involve significant waiting periods, depending on the demand for visas in the Employment 1st category and the applicant’s country of origin.
Validity Period
The Green Card is typically issued as a permanent resident card, the card itself is valid for 10 years from the date of issuance.
What We Do
- Provide assistance in preparing and filing Form I-140 on behalf of a company.
- Review applications to identify potential concerns that may affect the outcome of the application
- Provide assistance to EB-1B Visa holders apply with the National Visa Center or Form I-485 Adjustment of Status.
The Employment EB-1B Visa is an essential pathway for foreign nationals with extraordinary ability to obtain permanent residency in the United States.
Why Choose Us?
- Expert Guidance: Our knowledgeable attorneys will walk you through the entire process, answering any questions you may have along the way.
- Tailored Support: We take the time to understand your specific circumstances and provide solutions that fit your needs.
- Peace of Mind: With our support, you can feel confident that your application is in good hands.
Ready to take the next step towards securing your EB-1B Employment-Based Green Card? Contact our law firm today to schedule a consultation with one of our experienced immigration attorneys.
Application Process for the Employment EB-1B
Step 1 | Filing Form I-140, Immigrant Petition for Alien Workers Form I-140, Immigrant Petition for Alien Worker may be filed by the beneficiary or by a U.S. Company with U.S. Citizenship and Immigration Services (USCIS). |
Step 2 | Waiting for Priority Date After USCIS approves Form I-140 petition, the applicant must wait for their priority date to become current. The priority date is the date the petition was filed, and visas are issued based on this date. The Department of State’s Visa Bulletin provides monthly updates on visa availability. |
Step 3 | Consular Processing or Adjustment of Status Consular Processing (Outside the U.S.)
Adjustment of Status (Within the U.S.)
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Frequently Asked Questions
EB-1B
- Does the EB-1B category require a labor certification?
No, the EB-1B category does not require a labor certification, which is usually necessary for other employment-based Green Cards. This means the process can be faster since you skip this step.
- Can I self-petition for an EB-1B Green Card?
No, you cannot self-petition for an EB-1B Green Card. A U.S. employer must file the petition (Form I-140) on your behalf.
- How long does it take to get an EB-1B Green Card?
Processing times can vary based on your specific case and current USCIS processing speeds. However, since EB-1B is a priority category, it generally has shorter wait times compared to other employment-based categories.
- Can my family members come with me if I get an EB-1B Green Card?
Yes, your spouse and unmarried children under 21 years old can apply for Green Cards as your dependents. They can either adjust status in the U.S. or go through consular processing if they are outside the U.S.
- What happens if my EB-1B petition is denied?
If your EB-1B petition is denied, you will receive a written explanation of the reasons. You may be able to file an appeal or motion to reopen/reconsider the decision, depending on the specific circumstances of your case.
- Can I change employers after I receive my EB-1B Green Card?
Yes, once you receive your Green Card, you are not tied to the employer who sponsored you. However, it is advisable to remain with the employer for a reasonable period to avoid any issues with intent, as the initial job offer was part of your Green Card approval.
- Can I apply for U.S. citizenship after obtaining an EB-1B Green Card?
Yes, after holding your Green Card for five years (or three years if married to a U.S. citizen), you may be eligible to apply for U.S. citizenship through the naturalization process.
