phd eb1 requirements

• Immigration Articles
• Terms And Conditions

Select Page

EB1 Eligibility Explained for PhD Students

Understanding EB1 Visa Categories and Criteria for PhD Students

The United States offers several avenues for immigration, but for those with extraordinary abilities, outstanding professors and researchers, or certain multinational executives, the Employment-Based First Preference (EB1) visa presents a highly sought-after option. Specifically, PhD students may qualify under the EB1 visa if they meet the stringent eligibility criteria. There are three subcategories within the EB1 visa:

• EB1-A: for individuals with extraordinary ability in the sciences, arts, education, business, or athletics.
• EB1-B: for outstanding professors and researchers who are recognized internationally for their academic achievements in a particular field.
• EB1-C: for managers and executives who are transferring to the US to work for a branch of their existing employer, or an affiliate or subsidiary of it.

PhD students often target the EB1-A or EB1-B categories due to their academic and research backgrounds. To be eligible, PhD students must demonstrate that they possess extraordinary ability by providing evidence of a one-time achievement, like a major internationally recognized award, or meet at least three out of ten criteria set by the United States Citizenship and Immigration Services (USCIS), such as published material, significant contributions to their field, or membership in associations that demand outstanding achievements.

Given the complexity of eb1 eligibility for phd students , it’s essential to thoroughly understand the specific requirements of each category. For those considering this pathway, Visit our website to learn more and get started today! Click here.

Detailed Overview of EB1 Eligibility Requirements for PhD Scholars

For PhD scholars eyeing the EB1 visa, a detailed understanding of the eligibility requirements is paramount. The EB1 visa category, particularly the EB1-A and EB1-B, is designed for those who have risen to the very top of their field of endeavor. To satisfy the EB1 eligibility for PhD students, candidates must present a robust portfolio that demonstrates their exceptional standing.

EB1-A applicants are required to show extraordinary ability through extensive documentation. This includes evidence of a major, internationally recognized award, or at least three of the following:

• Receipt of lesser nationally or internationally recognized prizes or awards for excellence in their field.
• Membership in associations that require outstanding achievements of their members, as judged by recognized national or international experts.
• Published material about the applicant in professional or major trade publications, or other major media.
• Participation as a judge of the work of others in the same or an allied field of specialization.
• Contributions of original scholarly research in the field.
• Authorship of scholarly books or articles in scholarly journals with international circulation.
• Display of the applicant’s work at artistic exhibitions or showcases.
• Performance in a leading or critical role for organizations with a distinguished reputation.
• Commanding a high salary or other significantly high remuneration in relation to others in the field.
• Commercial success in the performing arts, evidenced by box office receipts or other indicators.

For EB1-B applicants, the criteria are slightly different but equally rigorous. Candidates must show international recognition for their outstanding achievements and must have at least three years of experience in teaching or research in their academic field. Evidence must include a minimum of two of the following:

• Receipt of major prizes or awards for outstanding achievement.
• Membership in associations that require their members to demonstrate outstanding achievements.
• Published material in professional publications written by others about the applicant’s work in the academic field.
• Participation on a panel, or individually, as a judge of the work of others in the same or an allied academic field.
• Original scientific or scholarly research contributions to the field.
• Authorship of scholarly books or articles in journals with an international audience in the academic field.

The level of proof required is high, and PhD scholars must prepare to present a compelling case that not only showcases their accomplishments but also proves their sustained national or international acclaim and their contributions of major significance to their field.

Assessing Your Qualification: EB1 Extraordinary Ability for PhD Holders

When assessing your qualifications for the EB1 visa under the extraordinary ability category, it’s essential to conduct a thorough self-evaluation. As a PhD holder, you have already demonstrated a high level of expertise in your academic field, but the EB1 standards require you to go beyond this. It’s not just about having a PhD; it’s about proving that you stand out in your field on a national or international level.

To gauge whether you qualify for EB1 extraordinary ability, you should ask yourself the following questions:

• Have I received any prestigious awards or honors that are recognized internationally?
• Do I have a substantial number of published articles in top-tier journals or publications?
• Am I a member of exclusive societies or associations that demand outstanding achievements of their members?
• Have other professionals in my field reviewed my work extensively?
• Have I made original contributions of major significance to my field?
• Do I have a track record of speaking at significant conferences, symposiums, or workshops?
• Am I serving or have I served in a leading or critical role for a reputable organization within my field?
• Is my work being utilized by others in the field, for example, in the form of citations or implementation of my research findings?
• Do I command a high salary or receive significantly higher remuneration compared to my peers?

Answering these questions affirmatively with concrete evidence is crucial in meeting the EB1 extraordinary ability criteria. As a PhD holder, your academic achievements can serve as a strong foundation, but they must be supplemented with robust evidence that highlights your extraordinary ability. It’s recommended to meticulously document all your accomplishments and contributions to your field, as this will form the backbone of a successful EB1 visa application.

It’s also important to remember that each case is unique, and what qualifies as extraordinary for one individual may not for another. Tailoring your application to reflect your specific achievements and how they have impacted your field is a key strategy in demonstrating your extraordinary ability.

Strategic Application Process for PhD Students Under EB1 Category

Embarking on the application process for an EB1 visa as a PhD student involves strategic planning and detailed preparation. The process is multifaceted and requires a clear understanding of the timeline and documentation needed. The first step is to confirm that you meet the eb1 eligibility for phd students by assessing your qualifications against the criteria for extraordinary ability.

Once you’ve confirmed your eligibility, the following strategic steps should be taken:

• Gather Evidence: Compile all relevant evidence that demonstrates your extraordinary ability in your field. This should include publications, citations, letters of recommendation, awards, and evidence of your contributions to the field.
• Prepare Your Petition: The Form I-140, Immigrant Petition for Alien Worker, is the primary document for the EB1 application. Ensure that your petition is prepared meticulously, with each claim of extraordinary ability backed by substantial evidence.
• Expert Letters: Obtain detailed letters from experts in your field. These letters should not only endorse you but also explain the significance of your contributions and how they stand out in the field.
• Review and Organize: Organize your application logically, highlighting the most impressive evidence first. It’s advisable to have an immigration attorney review your materials to ensure that you’re presenting the strongest case possible.
• File Your Petition: Once your petition is complete and organized, file it with the United States Citizenship and Immigration Services (USCIS). Keep track of filing deadlines and any applicable fees.
• Respond to Requests for Evidence (RFEs): If USCIS requests additional evidence, respond promptly and comprehensively. An RFE is not a denial but an opportunity to strengthen your application.
• Prepare for Potential Interview: While not always required, be prepared for the possibility of an interview. Practice discussing your achievements and how they demonstrate your extraordinary ability.

Throughout the application process, it’s essential to maintain a detailed and organized approach. Each piece of evidence should clearly relate to the extraordinary ability criteria and collectively build a compelling narrative of your qualifications. By following these strategic steps and ensuring that your application reflects the depth and breadth of your achievements as a PhD student, you can increase the likelihood of a successful outcome in the EB1 visa category.

Documenting Achievements: Evidence for EB1 PhD Petitions

For PhD students, documenting achievements is a critical component of the EB1 visa application process. The evidence you provide must demonstrate that you have sustained national or international acclaim and that your achievements have been recognized in your field of expertise. Here are types of evidence that can bolster your case:

• Published Papers and Articles: Include copies of your scholarly articles published in major journals or media. The impact factor of the journals and the number of citations can significantly enhance the weight of this evidence.
• Peer Reviews: Document your participation as a judge of the work of others in your field, such as serving on a review panel or as an editor for a prestigious journal.
• Membership in Associations: Evidence of membership in associations that require outstanding achievements of their members can be compelling, especially if such memberships are not easy to come by.
• Awards and Recognitions: Any significant awards or recognitions for excellence in your field should be included. These should be awards that are recognized nationally or internationally.
• Letters of Recommendation: Obtain letters from recognized authorities in your field who can attest to your contributions and their impact. These letters should be detailed and explain why your work is extraordinary.
• Original Contributions: Any patent filings or evidence of your original contributions to the field that have a significant impact can be included. This might also include a portfolio of your work, if applicable.
• Media Coverage: If your work has been featured in reputable media, this can serve as evidence of your high standing in your field.
• Commercial Success: In some cases, evidence of commercial success in the performing arts or other fields, as shown through box office receipts or record, cassette, compact disk, or video sales, can be relevant.

Each piece of evidence should not only stand on its own merit but also contribute to a comprehensive narrative that showcases your extraordinary ability. It is important to remember that quality outweighs quantity. Focus on providing substantial and relevant documentation rather than an abundance of less significant materials. The goal is to leave no doubt in the adjudicator’s mind about your eligibility, and a well-documented dossier of achievements is key to accomplishing this.

Expert Tips to Enhance Your EB1 Visa Application as a PhD Graduate

As a PhD graduate aiming for an EB1 visa, your application must be meticulously prepared to highlight your exceptional qualifications. Here are expert tips to enhance your application:

• Start Early: Begin gathering evidence early in your academic career. Keep a detailed record of your publications, citations, and any awards or recognitions.
• Strategic Documentation: Tailor your documentation to reflect the EB1 eligibility criteria. This means focusing on quality over quantity and ensuring that each piece of evidence clearly illustrates your extraordinary abilities.
• Impactful Letters of Recommendation: Secure strong letters of recommendation from esteemed colleagues or academics who are well-positioned to comment on your work and its significance.
• Consistent Narrative: Ensure that all parts of your application tell a consistent story about your achievements and how they have contributed to your field.
• Legal Expertise: Consider consulting with an immigration attorney who specializes in EB1 petitions. They can provide valuable guidance and help avoid common pitfalls.
• Stay Informed: Keep abreast of any changes in immigration policies or criteria for the EB1 category.

Applying for an EB1 visa as a PhD graduate can be a complex process, but with the right preparation and evidence, you can present a strong case for your outstanding abilities. If you have any questions or need assistance with your EB1 visa application, don’t hesitate to reach out to us. Visit our website to learn more and get started today! Click here.

About The Author

Kevin Sy administrator

Related posts.

IVI Visa Documentation: A Complete Guide

January 26, 2024

Discover Where Michigan Tech is Located!

March 24, 2024

Tech E&O vs Professional E&O: Key Differences Explained!

February 25, 2024

Exploring the P Visa Category: A Complete Guide

January 25, 2024

Dash Immigration is the World’s #1 Online Immigration Resource.

• Undergraduate Students
• Doctoral Students
• Master’s Students
• Engineering Master’s Students
• Faculty & Staff
• Parents & Families
• Asian / Pacific Islander
• Black/African American
• First Generation/Low Income
• Hispanic/Latinx
• International
• Native American/Indigenous
• Neurodiverse
• Student Athletes
• Students with Disabilities
• Undocumented
• What is a Career Community?
• Business, Finance & Consulting
• Data, Technology & Engineering
• Discovery & Exploration
• Education, Government, Nonprofit & Policy
• Energy, Environment & Sustainability
• Entertainment, Media & Arts
• Healthcare & Biomedical Sciences
• Innovation, Entrepreneurship & Design
• Know Yourself
• Explore Options
• Focus & Prepare
• Take Action
• Evaluate & Refine
• Featured Opportunities
• Career Readiness Resources
• Personalize Your Hub
• For Employers

Fast Track Your Green Card: How a PhD Accelerates Your Immigration Process

• Share This: Share Fast Track Your Green Card: How a PhD Accelerates Your Immigration Process on Facebook Share Fast Track Your Green Card: How a PhD Accelerates Your Immigration Process on LinkedIn Share Fast Track Your Green Card: How a PhD Accelerates Your Immigration Process on X

This article was originally published in the New Immigrant Insider by Dr. Aditi Paul.

In 2009, as I prepared to move to the US, my sister gave me a piece of advice that I hated with all my guts.

“Don’t go for MS. Go for PhD”

For someone who wanted to quit education after high school, this was the worst possible news ever. MORE education? No, thank you.

But, in hindsight – it turned out to be the best advice.

Not only did a PhD open doors of opportunity, but it also expedited my immigration journey through EB1-B (a category reserved exclusively for Researchers and Professors), saving me 50+ years of my life.

How exactly does a PhD help you qualify for the EB1 category?

1. a phd helps you identify your field of expertise.

To qualify for EB1-B, you must demonstrate extraordinary ability in your specific field of expertise. The field of expertise is a crucial aspect of the EB1 visa application, as it forms the basis for assessing your achievements , recognition , and impact in that particular field.

One of the core requirements of a PhD is to delve deeply into a particular field, gaining comprehensive knowledge and expertise in a specialized area.

2. A PhD trains you to make original contributions

One of the 6 requirements of EB1-B is for you to provide “Evidence of original scientific or scholarly research contributions in the field.”

The very essence of a PhD lies in producing original perspectives, methodologies, and impactful insights, often showcased in dissertations and publications.

Also, it is not enough for you to produce original knowledge in PhD. You also need to demonstrate the significance of your contribution by effectively communicating the novelty, rigor, results, and potential impact of your research.

3. A PhD helps you gain global recognition

The first sentence of EB1 qualification says that you need to “…..demonstrate you have sustained national or international acclaim..”

PhD puts you on the trajectory to achieve this level of recognition.

As a PhD student, you are typically required to share your original contributions at conferences, in the US and abroad , gaining international recognition and fostering global collaborations.

So, what is the moral of the story?

First, listen to your older siblings – those folks are SMART!

Second, learn how to strategically leverage a PhD to expedite your green card journey, unlocking a wealth of possibilities in the United States, the ultimate land of opportunity.

Read the full article here…

Immigration help for your business

• News & Reports

EB-1 Visa, Explained

Learn about the cost, wait time, and how to apply for the eb-1 employment visa, in this guide.

• How Much Does the EB-1 Visa Cost?
• EB-1 Timeline
• How to Apply for an EB-1 Visa
• EB-1 Requirements
• Boundless Reviews

The EB-1 visa is an employment-based visa available to non-U.S. citizens with extraordinary ability, outstanding professors and researchers, and multinational managers or executives. It’s one of the employment-based visas that allows foreign nationals to permanently live and work in the U.S. The EB-1 visa is highly regarded and does not require a PERM labor certification from the U.S. Department of Labor.

In this guide, you’ll learn about the cost, timeline, requirements, and application process for the EB-1 visa.

Boundless has helped more than 100,000 people with their immigration plans. We’ll be your visa planning partner from beginning to end. Get started today!

Start planning your immigration journey today with Boundless.

Here’s a breakdown of the current filing fees for the EB-1 visa.

For applicants filing from within the U.S.:

• Filing Fee: $715 (this fee is paid by the employer sponsoring you)
• Immigrant Fee: $235
• Filing Fee: $1440
• Fee: $85 (required for applicants aged 14 to 79)

For applicants applying from outside the U.S.:

• Filing Fee: $345
• Filing Fee: $120

IMPORTANT:   EB-1 visa costs could increase significantly in late 2023 due to USCIS’ new fee structure proposal.

In January 2023, USCIS announced plans to increase filing fees for most visa categories, including EB-1 visas and adjustment of status applications. To see the costs you could expect to pay and to abreast of any government announcement, see Boundless’  USCIS fees guide .

The processing time for Form I-140, the first step of the EB-1 process, currently averages 4 months, according to USCIS historic processing times data . Note that with premium processing, the I-140 can be expedited to 15 days.

Unlike some other employment-based visas, EB-1 applicants do not need to wait for a visa to become available . This means there is typically no waiting time for visa availability.

If the applicant already lives in the U.S., the average wait time for Form I-485 for employment visa applications is currently September , 2023 months.

If the applicant is applying from abroad via consular processing , their case will be transferred to the National Visa Center (NVC) for processing. The NVC will forward the petition to the nearest embassy or consulate, which will reach out to the applicant to arrange an in-person interview. The timeline for this stage of the process depends on where the applicant is based.

The application process for the EB-1 visa involves several steps:

Step 1: The first step is filing Form I-140 (“Immigrant Petition for Alien Worker”), along with supporting documents to establish the applicant is eligible for an EB-1 visa.

Step 2 : Once the I-140 petition is approved, applicants can proceed with either adjusting their status if they are already in the U.S., or they can apply using consular processing at a U.S. Embassy or consulate abroad.

Step 3 : As part of the process, applicants may need to attend a biometrics appointment to provide fingerprints, photographs, and signature. They will also need to attend the immigration medical exam .

Step 4: Attend the visa interview.

Step 5: If the application is approved, the applicant will receive their EB-1 visa, allowing them to work and live in the United States.

To be eligible for the EB-1 visa, applicants must meet certain criteria based on their field of expertise. There are three subcategories within the EB-1 visa: EB-1A, EB-1B, and EB-1C.

1. EB-1A: Extraordinary Ability

• Provide evidence of sustained national or international acclaim in their field.
• Achieve recognition and prominence in their field of expertise.
• Provide evidence of extensive documentation highlighting their achievements.

2. EB-1B: Outstanding Professors and Researchers

• Have an offer of employment from a U.S. employer for a tenured or tenure-track position, or a comparable position at a university or institution of higher education.
• Show international recognition for their outstanding achievements in a specific academic field.
• Provide evidence of at least three years of experience in teaching or research.

3. EB-1C: Multinational Managers or Executives

• Have been employed abroad for at least one year in a managerial or executive position by a qualifying organization that has a subsidiary, affiliate, or parent company in the U.S.
• Seek to enter the U.S. to continue working in a managerial or executive capacity for the same company or a related one.

Is there a cap or waiting time for the EB-1 visa?

Generally, there is no cap or waiting time for the EB-1 visa category as it is not subject to numerical limitations. However, individual processing times can vary.

Can I include my spouse and children in my EB-1 visa application?

Yes, you can include your spouse and unmarried children under the age of 21 in your EB-1 visa application. They can be eligible for derivative visas.

Can I change employers or positions after receiving the EB-1 visa?

The EB-1 visa is tied to the sponsoring employer and the specific position mentioned in the application. However, under certain circumstances, it may be possible to change employers or positions while maintaining your EB-1 status. It’s best to chat with an immigration attorney to understand the options and requirements.

Boundless guide

Related information.

• Take Boundless’ Visa Plan Quiz
• What’s the Difference Between Consular Processing and Adjustment of Status?
• What the U.S. Visa Bulletin Means For Your Green Card Application
• Seeking Citizenship? You’ll Need These Key Documents
• How to Fill out Form I-140
• The Most Common U.S. Work Visas
• How to Apply for the EB-2 Visa

No time for research? We provide an easy, guided application experience, with 4 anti-rejection checks and a lawyer review. Get started for free .

Article Contents

Apply for your visa with boundless., unlimited live support. lawyer review. money-back guarantee., which service.

Looks like you were working on a application just now. Applicants typically only require one service at a time.

You unlocked a $50 discount!

Congrats! Because your friend referred you, your application with Boundless is discounted. Start the application with Boundless within the next 14 days, and you'll save $50.

• Search this site Search this site Site search
• Faculty and Staff
• Announcements
• Forms and Documents
• Terms and Concepts
• Informational Resources

Faculty and Scholar Immigration Services

EB-1 Outstanding Professors or Researchers

Step 1: Determine EB-1 eligibility Step 2: Prepare EB-1 request Step 3: FSIS processing Step 4: USCIS processing Step 5: Apply for U.S. permanent residence

Step 1: Determine EB-1 eligibility

U.S. Citizenship and Immigration Services (USCIS) will approve an EB-1 outstanding professor/researcher petition only if the evidence submitted with the petition supports the contention that the employee is internationally recognized as outstanding in the academic field.

Provide documentation showing both the position and the employee meet the necessary requirements below. If any document is not written in English, provide a translation and a translator’s certification .

Step 2: Prepare EB-1 request

UH colleges, schools, departments, and units need to follow each step below to complete and submit EB-1 requests to FSIS .

1. The UH department initiates the EB-1 request.

The UH department works with the EB-1 beneficiary to obtain necessary information and documentation for the EB-1 request packet. The department completes/gathers its portion of the documents listed on the EB-1 Request Form .

2. The HR specialist reviews the EB-1 request and attaches documents.

The UH department forwards its portion of the EB-1 request packet to the HR specialist for the college/school/unit. The HR specialist reviews these documents and attaches any additional documents.

The HR specialist sends the complete hard copy request packet to an Immigration Specialist at FSIS .

Step 3: FSIS processing

Once FSIS receives the request from the HR specialist, we will review it. If we have any questions, we will contact the HR specialist and/or the employee. As long as all initial requirements are met, we will complete the following:

Note: At this step in the process, certain employees may be eligible to concurrently file a Form I-485 adjustment of status application with the Form I-140 petition. See Step 5 below for more details.

Step 4: USCIS processing

Upon receiving the EB-1 I-140 petition, USCIS will conduct an initial review to ensure the petition is being filed with the appropriate fee. If USCIS determines the petition has been properly filed, it will mail a receipt notice to FSIS , and we will email a copy to the employee and HR specialist.

USCIS adjudication

Under regular processing , it generally takes USCIS 7-9 months to adjudicate petitions.

If premium processing service is requested, USCIS will act on the petition within 15 business days (“Act on” = approve, deny, request further evidence, or notify of intent to deny). USCIS offers this service for an additional fee .

While the petition is pending, the employee can check its status using the receipt number and view average processing times on USCIS ’s case status website .

If the petition is approved, USCIS will mail the I-140 approval notice (Form I-797 Notice of Action) to FSIS . FSIS will email a copy of the notice and information about the next steps to the employee and HR specialist. It is important to note that approval of an EB-1 I-140 petition does not grant a person legal status in the U.S. The employee must continue to have valid status and work authorization in the U.S. until permanent residence is obtained.

Step 5: Apply for U.S. permanent residence

The employee can apply for permanent residence by one of these two methods:

Effect of unauthorized employment or status

If the employee has maintained a valid nonimmigrant status throughout their stay in the U.S. and is currently in the U.S. in a qualifying nonimmigrant status, adjustment of status or consular processing are both options for the final stage of the permanent residence process. However, if the worker has not maintained status, has engaged in unauthorized employment, or has violated the terms and conditions of admission for a total period of more than 180 days, they may not be eligible to adjust status in the U.S. In such a case, the only option will be consular processing.

Accountants

For Our Newsletter

Green Card Options for PhD Holders

By: Navdeep Meamber and Samapika Dash

Due to their qualifications and experience, foreign national PhD holders may qualify for green card categories that have relatively faster processing times, like EB-1A, EB-1B, and EB-2 (national interest waiver). These categories of US permanent residency are desirable because they do not require the time-consuming labor certification process. However, these green card categories are competitive, and not every PhD holder will qualify.

What is Labor Certification?

Labor certification is a step in the employment-based green card sponsorship process that is only required for certain worker categories. To ensure that hiring a foreign worker does not displace US ones, employers must prove during labor certification that there are no minimally qualified US workers that can take the position offered to the foreign national.

While the timeline can vary by state, it may take six months to three years to finish the labor certification process. Green card categories EB-1A and EB-1B, and EB-2 (national interest waiver) do not require traditional labor certification, which means that these foreign nationals can obtain their green cards more quickly.

EB-1A: Extraordinary Ability 

To qualify as having extraordinary ability for the EB-1A visa, an applicant must have “sustained national or international acclaim” in the sciences, arts, education, business, or athletics. Extraordinary ability refers to a small percentage of individuals who have risen to the top of their fields. Applicants should play a critical role in their organization and significantly impact its activities. Additionally, the foreign national will need to continue their research at organizations or establishments with distinguished reputations.

To demonstrate their achievements, EB-1A applicants must present extensive documentation during the application process of either:

• One-time achievement with a major internationally recognized awards such as a Pulitzer, Oscar, or Olympic medal, or
• At least three of the 10 accomplishments listed below, or similar, in their professional field:
• Recipient of prizes or awards that are nationally or internationally recognized for excellence on a lesser scale.
• Member of associations in the field which require outstanding achievement for membership.
• Subject of published material in professional publications, major trade publications, or other major media.
• Service as a judge of the work of others, either individually or on a panel.
• Contributions of major significance to scientific, scholarly, artistic, athletic, or business-related field.
• Authorship of scholarly articles appearing in professional publications, major trade publications, or other major media.
• Work displayed at artistic exhibitions or showcases.
• Performance of a leading or critical role in distinguished organizations.
• Recipient of a high salary or other significantly high compensation compared to others in the field.
• Commercial successes in the performing arts.

To qualify for an EB-1A visa, PhD holders should closely document their research work, achievements, citations, publications, presentations, and conferences attended. Additionally, PhD holders can get recommendation letters from their professors and others who can attest to their distinguished work.

Application Process : With EB-1A green cards, a job offer and labor certification are not required. This means that an applicant can self-petition, and the visa processing time can be much faster.

EB-1B: Outstanding professors and researchers 

EB-1B green cards are designed for outstanding professors and researchers with a US job offer that requires either extensive research or the supervision of researchers. Applicants must have also received international recognition for outstanding achievements in their academic field. Additionally, they must meet at least two of the six criteria listed below:

• Recipient of awards or major prizes for outstanding achievement.
• Member of associations that only accept members that have outstanding achievements.
• Coverage of their work by others in professional publications in the same field.
• Service as a judge of others’ work in the same or a related field.
• Contributor of original scientific or scholarly research in the field.
• Writer of scholarly books or articles in the field. Articles must be in scholarly journals with international circulation.

Supporting documentation can include things like publications, presentations, and reports of research work. Research must add to the general knowledge in the field. It can be accepted for publication, presentation, funding, or academic credit. To prove the importance of the applicant’s work, the application can prove that the work has been frequently cited by independent researchers or has otherwise contributed to progress in the field.

To sponsor an EB-1B worker, an employer must show documented accomplishments and employ at least three full-time researchers.

Application Process: US employers must file a Form I-140, Petition for Alien Worker to sponsor an EB-1B worker. As part of the application process, employers must be able to demonstrate a continuing ability to pay the foreign national’s offered wage as of the date their application is received, or its priority date. Employers can use an annual report, federal income tax return, or audited financial statement to demonstrate a continuing ability to pay the prospective EB-1B visa holder’s wage. No labor certification is required. 

Eb-2: National Interest Waiver 

The EB-2 national interest waiver is popular with PhD holders because no job offer is required, and individuals may self-petition. National interest waivers are usually granted to those who have exceptional ability and whose employment would greatly benefit the United States. The application must show an urgent national interest to the applicant’s research, or that their contributions would benefit the nation even if other qualified US workers were available. These EB-2 applicants must also meet three national interest waiver (NIW) criteria:

• The proposed activity has both national importance and considerable merit.
• The foreign national is qualified to further the proposed activity.
• The United States would benefit from waiving the requirements of a job offer and labor certification.

Under the first NIW requirement, the project’s merit and prospective impact may be demonstrated in a range of areas such as business, entrepreneurialism, science, technology, culture, health, or education.

To determine whether an EB-2 applicant is qualified for the proposed role under the second NIW requirement, United States Citizenship and Immigration Services (USCIS) considers factors including:

• The individual's education, skills, knowledge, and record of success in related or similar efforts.
• A model or plan for future activities.
• Any progress towards achieving the proposed endeavor, and
• The interest of potential customers, users, investors, or other relevant entities or individuals in the project.

As for the third NIW requirement of showing benefit to the US, USCIS may evaluate factors such as whether:

• It would be impractical for the foreign national to secure a job offer, or for the petitioner to obtain a labor certification, due to the nature of the foreign national's qualifications or the prospective role.
• The US would still benefit from the foreign national's contributions, even if qualified US workers are available, and
• The foreign national would sufficiently contribute to an urgent national interest, warranting skipping the labor certification process.

Application Process: PhD holders seeking a national interest waiver may self-petition without an employer’s sponsorship. These individuals may file their Form I-140, Petition for Alien Worker with USCIS. Under certain conditions, applicants will file their own labor certification.

Interested PhD holders should contact Chugh, LLP for help understanding which immigrant visa category they may qualify for. Our experienced immigration professionals and attorneys can assist with drafting persuasive letters of support that highlight the accomplishments of the PhD holder and their eligibility for the category.

Latest Posts

• May 2024 Visa Bulletin
• Uscis Releases Updated Guidelines Of Form I-693 Validity Duration
• Uscis Extending Automatic Extension Period For Certain Work Permits
• Corporate Law
• Immigration
• Class Action
• Corporate Formation And Formalities
• Mergers And Acquisition
• Joint Ventures
• Employment Law
• Real Estate
• Intellectual Property
• Doing Business In India
• Entertainment
• Estate Planning
• Premarital, Marital And Cohabitation Agreements
• Divorce And Legal Separation
• Spousal Support / Alimony
• Child Custody, Visitation And Parenting Time
• Child Support
• Government Contract
• Corporate Immigration
• Employment Based Permanent Residence (green Card)
• H-1b Visas For Temporary Workers
• Intracompany Transferee Visa (l-1a/l1b)
• Labor Certification And National Interest Waiver
• I-9 Compliance
• O-1 Visa (individuals Of Extraordinary Ability)
• Family-based Immigration
• Permanent Residence
• International Adoption
• Us Citizenship & Naturalization
• Eb-5 Green Card
• Treaty Trader Visa E-1
• Treaty Investor Visa E-2
• Students And Work Authorization
• F-1 Student Visa
• Removal Defense
• Victims Of Crime
• Other Immigration Categories
• International
• Landlord & Tenant
• Personal Injury
• Overseas Education Consultancy

© 2024 Chugh LLP Affiliate Network. All Rights Reserved

Disclaimer | Sitemap | Privacy Policy

TO OUR CONTENT

Complete the required fields below to get cutting-edge insights from Chugh, LLP team

You are opting in to receive email communication from Chugh, LLP by submitting this form. Submitting to our content does not create an attorney-client relationship.

Request a Consultation

Please use the form below to request a consultation..

By submitting this contact form, you are opting in to receive email communications from Chugh, LLP. Submitting this form does not create an attorney-client relationship. Do not submit confidential information through this form.

Murthy Law Firm

• Consultations
• Client Service
• Online Services

Do I Qualify for EB1?

It is not unusual for a foreign national to be sponsored for an employment-based, third preference (EB3) position, and to later “upgrade” to an employment-based, second preference (EB2) position in a subsequent case, based on a higher level degree and/or additional work experience. For many, this raises the question about the prospect of upgrading to the coveted employment-based, first preference (EB1) category. While it certainly is possible for a person with an EB2 or EB3 position to then be sponsored for an EB1 position, it is important to understand that the criteria to qualify for EB1 is not simply a matter of additional schooling or experience as seen in the transition from EB3 to EB2.

Qualifying for EB1

There are three different subcategories of EB1, each with its own distinct criteria:

EB1(a) – Persons of Extraordinary Ability

This subcategory of EB1 is reserved for those with extraordinary ability in the sciences, arts, education, business, or athletics. To qualify, the foreign national must be able to show sustained national or international acclaim. The individual’s achievements in the field generally must be evidenced by extensive documentation.

A candidate for this category can self-petition; no offer of employment is necessary, but the applicant must intend to work in his or her field of expertise. More details on the EB1(a) category are available in the MurthyDotCom NewsBrief, Self-Petitioned, Employment-Based Options (10.Aug.2020).

EB1(b) – Outstanding Professors and Researchers

The EB1(b) subcategory is designated for outstanding researchers and professors. Although the bar to qualify for EB1(b) tends not to be quite as high as that of EB1(a), it still requires that the candidate demonstrate international recognition for achievements in a particular academic field. As a 2010 policy memo from the U.S. Citizenship and Immigration Services (USCIS) put it, the candidate “… should stand apart in the academic community through eminence and distinction based on international recognition.”

In addition to having a minimum of three years’ experience as a teacher or researcher, the foreign national must be sponsored by either a university or institute of higher education, or by a private employer with at least three full-time researchers, and that employer should have achieved documented accomplishments in the field.

As with the EB1(a) category, a strong petition generally is one accompanied by extensive, objective evidence of one’s accomplishments. See the MurthyDotCom InfoArticle, EB1: Outstanding Professor or Researcher for more details.

EB1(c) – Multinational Managers and Executives

The EB1(c) subcategory is reserved for multinational managers and executives, and is very similar to the requirements set out for the L1A classification. To qualify, one must have been employed outside the U.S. for at least one year within the past three years as a manger or executive by an organization related to the U.S. company sponsoring the foreign national. Further, the person must be coming to work for the related U.S. entity in a managerial or executive capacity. More information on the EB1(c) category can be found in the MurthyDotCom InfoArticle, Multinational Executives & Managers .

There is a natural progression that exists, allowing many who qualify for an EB3 position eventually to qualify for an EB2 job after completion of education and/or additional years of work experience. On the other hand, moving from EB3 or EB2 to EB1 is less straightforward. Still, given the possible benefits of filing under the EB1 category, especially for foreign nationals from oversubscribed countries, like India or China, exploring the possibility and understanding the eligibility criteria for filing an EB1 petition may be worthwhile.

While some aspects of immigration have changed in significant ways in the years since MurthyDotCom began publishing articles in 1994, there is much that is still the same. From time to time, we at the Murthy Law Firm refer our clients to articles, like this one, which remains relevant.

Copyright © 2018-2021, MURTHY LAW FIRM. All Rights Reserved

Official websites use .gov A .gov website belongs to an official government organization in the United States.

Secure .gov websites use HTTPS A lock ( A locked padlock ) or https:// means you've safely connected to the .gov website. Share sensitive information only on official, secure websites.

• Create Account

Green Card for Employment-Based Immigrants

ALERT: You should include your  Form I-693, Report of Medical Examination and Vaccination Record , with your Form I-485 to save time.

You should include your  Form I-693, Report of Medical Examination and Vaccination Record , with your Form I-485 to save time. You are not required to file Form I-693 at the same time you file Form I-485, but filing both forms at the same time may eliminate the need for USCIS to issue a Request for Evidence to obtain your Form I-693. This may also help avoid adjudication delays if we decide that you do not need to be interviewed.

If we sent you a Request for Evidence (RFE) for your Form I-693, please respond as soon as possible so we can finalize a decision on your adjustment of status application.

U.S. immigration law provides aliens with a variety of ways to become lawful permanent residents (get a Green Card) through employment in the United States. These employment-based (EB) “preference immigrant” categories include:

• Aliens with extraordinary ability in the sciences, arts, education, business, or athletics;
• Outstanding professors and researchers; or
• Certain multinational managers and executives.
• Second preference (EB-2) – aliens who are members of the professions holding advanced degrees or who have exceptional ability (including requests for national interest waivers). 
• Third preference (EB-3) – skilled workers, professionals, or other workers.

This page provides specific information for aliens in the United States who want to apply for lawful permanent resident status in the EB-1, EB-2, and EB-3 categories while in the United States. This is called “adjustment of status.” You should also read the Instructions for Form I-485, Application to Register Permanent Residence or Adjust Status (PDF, 686.14 KB) before you apply.

For more information on other types of employment-based immigrants, see our pages on Green Cards for EB-4 special immigrants (for example, religious workers and special immigrant juveniles) and EB-5 immigrant investors .

If you are currently outside the United States , see Consular Processing for information about how to apply for a Green Card as a family preference immigrant.

If you are currently in the United States, in order to be eligible for a Green Card as an EB-1, EB-2, or EB-3 immigrant, you must meet the following requirements:

• You properly file Form I-485, Application to Register Permanent Residence or Adjust Status ;
• You were inspected and admitted or inspected and paroled into the United States;
• You are physically present in the United States at the time you file your Form I-485;
• You are eligible to receive an immigrant visa;
• An immigrant visa is immediately available to you at the time you file your Form I-485 and at the time USCIS makes a final decision on your application. (For information on visa availability, see Visa Availability and Priority Dates , Adjustment of Status Filing Charts , and the Department of State website to view the Visa Bulletin );
• You submit evidence that the new job is in the same or a similar occupational classification as the job in the original Form I-140; and
• The Form I-485 you filed based on the Form I-140 remains unadjudicated for 180 days or more; and
• None of the applicable bars to adjustment of status apply to you;
• You are admissible to the United States for lawful permanent residence or eligible for a waiver of inadmissibility or other form of relief; and
• You merit the favorable exercise of USCIS’ discretion .

Inspected and Admitted or Inspected and Paroled

Generally, to be eligible to adjust status, you must be present in the United States after being “inspected and admitted” or “inspected and paroled” by an immigration officer. There are some limited exceptions to this eligibility requirement. For more information on this requirement, see USCIS Policy Manual Volume 7, Adjustment of Status, Part B, Chapter 2, Section A, “Inspected and Admitted” or “Inspected and Paroled” .

Eligibility to Receive an Immigrant Visa

You are eligible to receive an immigrant visa, if you are the beneficiary of:

• An approved Form I-140 filed on your behalf;
• A pending Form I-140 (that is ultimately approved); or
• A Form I-485 filed together with the Form I-140 (and the Form I-140 is ultimately approved).

Depending on how you entered the United States or if you committed a particular act or violation of immigration law, you may be barred from adjusting status. You are ineligible to apply for adjustment of status if one or more bars to adjustment listed in section 245(c) of the Immigration and Nationality Act (INA) apply to you. For more information, please see USCIS Policy Manual Volume 7, Adjustment of Status, Part B, 245(a) Adjustment .

Applying Under INA 245(i) (LIFE Act)

You may be able to adjust status under INA 245(i) even if you are subject to one or more adjustment bars and are therefore ineligible for adjustment of status under INA 245(a) . See the separate Instructions for Form I-485 Supplement A, Adjustment of Status Under Section 245(i) (PDF, 375.63 KB) for more information.

To qualify for a Green Card, you must be admissible to the United States. Reasons why you may be inadmissible are listed in the INA 212(a) and are called grounds of inadmissibility.

In general, USCIS can only approve your Green Card application only if none of the grounds of inadmissibility apply to you.

If you are inadmissible, the law may allow you to apply for a waiver of inadmissibility or other form of relief in your situation. See Form I-601, Application for Waiver of Grounds of Inadmissibility and Form I-212, Application for Permission to Reapply for Admission into the United States after Deportation or Removal . If a waiver or other form of relief is granted, USCIS may approve your application for a Green Card if you are otherwise eligible.

Whether a waiver or other form of relief is available depends on the specific inadmissibility ground(s) that applies to you and the category you are adjusting under. Eligibility requirements for waivers and other forms of relief vary. For information on the grounds of inadmissibility and waivers, please see USCIS Policy Manual Volume 8, Admissibility and Volume 9, Waivers .

If you are currently in the United States, an immigrant visa is immediately available to you as an EB-1, EB-2, or EB-3 immigrant, and you meet certain other requirements, you may file Form I-485, Application to Register Permanent Residence or Adjust Status , to apply for a Green Card without leaving the country. This is called “adjustment of status.” If a visa is immediately available, you may file your Form I-485:

• Together (“ concurrently ”) with Form I-140, Immigrant Petition for Alien Worker filed on your behalf;
• While the Form I-140 is pending; or
• After the Form I-140 is approved (and remains valid).

For information on visa availability, see Visa Availability and Priority Dates , Adjustment of Status Filing Charts , and the Department of State website to view the Visa Bulletin .

As the named Form I-140 beneficiary, you are the applicant of the Form I-485 and supplements. As the applicant, you should submit the following documentation and evidence to apply for a Green Card as an employment-based immigrant who is already in the United States:

• Form I-485, Application to Register Permanent Residence or Adjust Status ;
• Copy of the Form I-797, Approval or Receipt Notice, for the Form I-140 filed on your behalf (unless you are filing your Form I-485 together with the Form I-140);
• Form I-485 Supplement J (unless you are filing your Form I-485 together with the Form I-140 or you are adjusting based on a National Interest Waiver or as an alien of extraordinary ability), to confirm that the job offered to you in Form I-140 remains a bona fide job offer that you intend to accept once your Form I-485 is approved; and
• A signed statement confirming you intend to work in the occupational field specified in the Form I-140 if you are a self-petitioner.
• Two passport-style photographs;
• Copy of your government-issued identity document with photograph;
• Copy of your birth certificate;
• Copy of your passport page with nonimmigrant visa (if applicable);
• Copy of your passport page with admission or parole stamp (issued by a U.S. immigration officer) (if applicable);
• Copy of Form I-94, Arrival/Departure Record, or copy of the U.S. Customs and Border Protection (CBP) admission or parole stamp on the travel document (if applicable)

Note: If CBP provided you with an electronic Form I-94 upon your arrival/admission to the United States, you may print out a paper version of the Form I-94 from the CBP website ;

• Proof that you have continuously maintained a lawful status since arriving in the U.S. (or that you are exempt under INA 245(k));
• Form I-864, Affidavit of Support Under Section 213A of the INA (only if your Form I-140 petition was filed by a relative who is a U.S. citizen or lawful permanent resident, or by a for-profit entity if 5% or more of the ownership interest is held by a relative who is a U.S. citizen or a lawful permanent resident). See Instructions for Form I-864 (PDF, 314.55 KB) for more information.

Note: “Relative” means a U.S. citizen or lawful permanent resident who is your husband, wife, father, mother, son or daughter, or a U.S. citizen who is your brother or sister;

• Form I-693, Report of Medical Examination and Vaccination Record (you may submit this form together with Form I-485 or later, such as by mail when we request it or in person at your interview, if any);
• Certified police and court records of all criminal charges, arrests, or convictions regardless of final disposition (if applicable);
• Form I-601, Application for Waiver of Grounds of Inadmissibility (if applicable);
• Form I-212, Application for Permission to Reapply for Admission into the United States After Deportation or Removal (if applicable);  
• Documentation of past or present J-1 or J-2 nonimmigrant status (if applicable), including proof of compliance with or a waiver of the 2-year foreign residence requirement under INA 212(e) (for more information, see Form I-612, Application for Waiver of the Foreign Residence Requirement );
• If you currently hold A, G, or E nonimmigrant status, include Form I-508, Request for Waiver of Rights, Privileges, Exemptions and Immunities ;  
• Form I-566, Interagency Record of Request – A, G or NATO Dependent Employment Authorization or Change/Adjustment to/from A, G or NATO Status (only if you have A, G, or NATO nonimmigrant status); and
• Form I-485 Supplement A, Adjustment of Status Under Section 245(i) (if applicable).

Note: Certain forms, including Form I-485, have a filing fee. You must submit the correct filing fee for each form, unless you are exempt or eligible for a fee waiver. Please see USCIS’ Filing Fees and Fee Schedule for more information.

For more information on applying for adjustment of status, see the Instructions for Form I-485 (PDF, 686.14 KB) . Please also see our page on Tips for Filing Forms with USCIS .

If you are the spouse or unmarried child under 21 years of age of an employment-based principal applicant, you may apply for a Green Card as a derivative applicant.  For more information on derivatives and eligibility for adjustment of status, please see USCIS Policy Manual Volume 7, Part A, Chapter 6, Section C, Subsection C - Derivatives .

Eligibility Criteria for Adjustment of Status as Derivative Applicants

In order to be eligible for a Green Card as an employment-based derivative applicant, you must meet the following requirements:

• Together with the principal applicant’s Form I-485 (and the principal applicant’s Form I-485 is ultimately approved);
• While the principal applicant’s Form I-485 is still pending with USCIS (and the principal applicant’s Form I-485 ultimately approved);
• The principal applicant is still a lawful permanent resident, and
• You were the principal applicant’s spouse or child at the time USCIS approved the principal applicant’s Form I-485; or
• You were the principal applicant’s spouse or child at the time the principal applicant was admitted into the United States.
• You are currently the principal applicant’s spouse or child;
• An immigrant visa is immediately available to you at the time you file your Form I-485 and at the time USCIS makes a final decision on your application. (For information on visa availability, see Visa Availability and Priority Dates , Adjustment of Status Filing Charts , and the Department of State website to view the Visa Bulletin .)

What to Submit (Derivative Applicants)

If you are a derivative applicant (a spouse or child), you should submit the following evidence to apply for a Green Card under an employment-based immigrant category:

• Copy of documentation showing your relationship to the principal applicant, such as a marriage certificate, birth certificate, or adoption decree;
• Copy of the Form I-797, Approval or Receipt Notice, for the principal applicant’s Form I-140 (unless you are filing your Form I-485 together with the principal applicant’s Form I‑485);
• Copy of the Form I-797, Approval or Receipt Notice, for the principal applicant’s Form I‑485 or a copy of the principal applicant’s Green Card (if not filing together with the principal applicant’s Form I-485);
• Copy of Form I-94, Arrival/Departure Record or copy of the U.S. Customs and Border Protection (CBP) admission or parole stamp on the travel document (if applicable)

Note: If CBP provided you with an electronic Form I-94 upon your arrival/admission to the United States, you may print out a paper version of the Form I-94 from the CBP website at www.cbp.gov/I94 ;

• Proof that you have continuously maintained a lawful status since arrival in the U.S. (or that you are exempt under INA 245(k));
• Copy of Form I-864, Affidavit of Support Under Section 213A of the INA (only if the principal applicant’s Form I-140 petition was filed by a relative who is a U.S. citizen or lawful permanent resident, or by a for-profit entity if 5% or more of the ownership interest is held by a relative who is a U.S. citizen or a lawful permanent resident). See Instructions for Form I-864 (PDF, 314.55 KB) for more information.
• Form I-693, Report of Medical Examination and Vaccination Record (you may submit this form together with Form I-485 or later, for example, by mail when we request it or in person at your interview, if any);
• Certified police and court records of criminal charges, arrests, or convictions (if applicable);
• Form I-212, Application for Permission to Reapply for Admission into the United States After Deportation or Removal (if applicable);

Generally, when you have a pending Form I-485, you may apply for employment authorization by filing Form I-765, Application for Employment Authorization .

You may also apply for an advance parole document by filing a Form I-131, Application for Travel Document . An advance parole document authorizes you to appear at a port-of entry to seek parole into the United States after temporary travel abroad. If you need to leave the United State temporarily while your Form I-485 is pending, please see the Instructions for Application for Travel Document  for more information.  Generally, if you have a pending Form I-485 and you leave the United States without an advance parole document, you will have abandoned your application.

For further information, see our Employment Authorization and Travel Documents pages.

You may be eligible, using the new mailing address below, to request to transfer the underlying basis of your  Form I-485, Application to Register Permanent Residence or Adjust Status , to a different employment-based immigrant category based on another  Form I-140, Immigrant Petition for Alien Workers .

USCIS may, in its discretion, grant a transfer request if the following criteria are met:

• You have continuously maintained eligibility for adjustment of status;
• Your adjustment of status application based on the original Form I-140 is still pending;
• You are eligible for the new immigrant category; and
• You have a visa immediately available in the new immigrant category.

You must request in writing that USCIS transfer the underlying basis of your pending Form I-485 to another immigrant category.

In certain instances, you should also submit a completed I-485 Supplement J, Confirmation of Bona Fide Job Offer or Request for Job Portability Under INA Section 204(j) with your transfer request. The purpose of the Supplement J is to confirm the validity of the job offered to you in the immigrant petition you want to use as the basis for your transfer request.

• If you are requesting to transfer your underlying basis to a previously filed and approved Form I-140, you should submit Supplement J with your transfer request.
• If you are requesting to transfer your underlying basis to a Form I-140 that remains pending, you do not need to submit Supplement J.
• If a new Form I-140 is being filed on your behalf and you are eligible to concurrently file, you may request to transfer the underlying basis of your pending Form I-485 to this new petition. The petition must be submitted with a signed letter requesting that your pending Form I-485 be transferred to the new petition. It should include a coversheet (preferably highlighted with colored paper) stating “REQUEST FOR TRANSFER OF PENDING FORM I-485 [receipt number] TO ENCLOSED PETITION.”  You should include a copy of the Form I-485 receipt notice as well as evidence of eligibility in the new immigrant category. You do not need to submit Supplement J.

USCIS does not provide a written response to transfer requests. However, USCIS will issue receipt notices for the Supplement J.

The written request to transfer the underlying basis should at a minimum contain sufficient information for USCIS to identify the pending Form I-485 and the immigrant petition which you would like to use as the new basis for your application (for example, receipt number or A-Number).

Locations for Submission of Transfer Request

You may submit your written request and completed Supplement J to:

U.S. Postal Service (USPS):

USCIS Attn: Supp J PO Box 660834 Dallas, TX 75266-0834

FedEx, UPS, and DHL deliveries:

USCIS Attn: Supp J (Box 660834) 2501 S. State Hwy. 121 Business Suite 400 Lewisville, TX 75067-8003

• Employment-based transfer requests that are not accompanied by a Supplement J should be submitted in writing to the USCIS office with jurisdiction over your pending I-485 application. Applicants may determine the USCIS office with jurisdiction over their application by referring to any receipt or transfer notices they have received, or by reaching out to the USCIS Contact Center at 800-375-5283.
• Transfer requests accompanying a newly filed Form I-140 should not be sent to the address above or to the USCIS office with jurisdiction over your application, but instead should be sent to the normal filing location for the Form I-140. Please check the Direct Filing Addresses for Form I-140 page on our website.

If you have already submitted a transfer request to a USCIS office, you should not submit a new request. All requests to transfer the underlying basis already received or that will be received at a USCIS office will be processed as usual by the USCIS office with jurisdiction over your pending Form I-485.

You do not have to submit a new adjustment of status application or filing fee with a request to transfer the underlying basis of your Form I-485 from one petition to another. Submitting a new adjustment of status application is not required to transfer the underlying basis of a pending Form I-485 and will not result in faster adjudication of the benefit request. For more information on transferring the underlying basis of your Form I-485, see the  USCIS Policy Manual .

For more information, see the following:

• INA 203(b)(1)-(3) – Preference Allocation for Employment-Based Immigrants
• INA 212 (a) – Classes of Aliens Ineligible for Visas or Admission
• INA 245 – Adjustment of Status of Nonimmigrant to that of a Person Admitted for Permanent Residence
• 8 CFR 245 - Adjustment of Status to that of a Person Admitted for Permanent Residence
• USCIS Policy Manual, Volume 7, Part A, Adjustment of Status Policies and Procedures
• USCIS Policy Manual, Volume 7, Part B, 245(a) Adjustment
• USCIS Policy Manual Volume 8, Admissibility
• USCIS Policy Manual Volume 9, Waivers

• Adjustment of Status
• E-2      Treaty Investors
• E-3      Australian Speciality Workers
• Green Cards
• H-1B    Specialty Workers
• H-1B1  Chileans and Singaporeans
• H-3     Trainees
• International Entrepreneur Parole
• K-1       Fiance or Fiancee
• L-1       Intra-company Transfers
• Marriage to a U.S. Citizen
• O-1      Extraordinary Ability
• P-1       Athletes or Entertainers
• P-3      Artists or Entertainers
• TN (Canada)     NAFTA Professional
• TN (Mexico)     NAFTA Professional

Green Card Options For Professors And Researchers:

Eb-1, eb-2, and eb-3 comparison, introduction.

Advances in science, technology and the humanities depend on the continuous flow of accomplished, well-trained and motivated individuals into the field.  The U.S. has maintained its dominance in academia due to its ability to continue to attract the world’s leading professors and researchers.

The challenge for professors and researchers and the institutions that employ them lies in selecting the appropriate pathway to bring or keep these individuals in the U.S. permanently. We present here an overview of some of the most commonly used US immigrant visa options for professors and researchers.

A. EB-1 Green Card Option #1: The EB-1.2 For “Outstanding Professors And Researchers”

Outstanding professors and researchers are individuals that are recognized internationally for their “outstanding” academic achievements in a particular field.

To qualify for an EB-1 visa as an ‘outstanding professor or researcher’ you must be a foreign national who:

1. Is recognized internationally as ‘outstanding’ in a specific academic area (see below for evidentiary requirements)

2. Possesses at least three years of experience in teaching or research in the academic area

a. Any experience in teaching or research gained while working on an advanced degree will only be acceptable if the alien has acquired the degree, and if the teaching duties were such that he or she had full responsibility for the class taught or if the research conducted toward the degree has been recognized within the academic field as outstanding.

b. Evidence of teaching and/or research experience shall be in the form of letter(s) from current or former employer(s) and shall include the name, address, and title of the writer, and a specific description of the duties performed by the alien.

3. Has a permanent Job offer from the employer and Seeks to enter the U.S. for:

a. A Tenured position (or tenure-track position) within a university or institution of higher education to teach in the academic area; or

b. A Comparable position with a university or institution of higher education to conduct research in the area; or

c. A Comparable position to conduct research in the area with a department, division, or institute of a private employer, if the department, division, or institute employs at least three persons full time in research activities and has achieved documented accomplishments in an academic field .

Employment Based Green Card Petitions for outstanding professors and researchers must be accompanied by sufficient evidence to show that the professor or researcher is recognized internationally as outstanding in the academic field specified in the petition. Such evidence shall consist of at least two of the following categories:

• Documentation of receipt of major prizes or awards for outstanding achievement in the academic field; or
• Documentation of membership in associations in the academic field which require outstanding achievements of their members; or
• Published material in professional publications written by others about your work in the academic field. Such material shall include the title, date, and author of the material, and any necessary translation; or
• Evidence of your participation, either individually or on a panel, as the judge of the work of others in the same or an allied academic field; or
• Evidence of your original scientific or scholarly research contributions to the academic field; or
• Evidence of your authorship of scholarly books or articles (in scholarly journals with international circulation) in the academic field.

PUZZLER For EB-1.2 researchers and professors, an offer of permanent employment is met when there is intent for ongoing employment. Does an individual whose employment is renewed annually meet the requirement for an offer of permanent employment based upon the mutual expectation the offered employment will be extended on an ongoing basis? No. In the case of researchers, the petitioner must establish that a job is permanent. The regulations require that a petitioner submit evidence that the position is tenured, tenure-tracked or for a term of indefinite or unlimited duration and in which the employee will ordinarily have an expectation of continued employment unless there is good cause for termination. The mere fact that the petitioner claims that the job may be renewed annually is not sufficient to establish the permanent nature of the job.

B. EB-1 Green Card Option #2: The EB-1.1 For “Aliens With Extraordinary Ability”

Extraordinary professors and researchers are individuals that have attained a level of expertise indicating that they are one of that small percent of people who have risen to the very top of their field of endeavor.

Their achievements must:

• Have been demonstrated by sustained national or international acclaim
• Be recognized in the field through extensive documentation

While the EB-1 Extraordinary Ability petition may be filed by an employer, it can also be filed by the foreign national professor or researcher without a job offer (in other words, the professor or researcher can “self-petition”).

To be classified as a person with Extraordinary Ability, the professor or researcher must provide documented proof that they have earned a one-time achievement (that is, an internationally recognized award like a Nobel Prize) or at least three of the following:

• Documentation of receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor; or
• Documentation of your membership in associations in the field for which classification is sought, which require outstanding achievements of their members, as judged by recognized national or international experts in their disciplines or fields; or
• Published material about yourself in professional or major trade publications or other major media, relating to your work in the field for which classification is sought. Such evidence shall include the title, date, and author of the material, and any necessary translation; or
• Evidence of your participation, either individually or on a panel, as a judge of the work of others in the same or an allied field of specialization for which classification is sought; or
• Evidence of your original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the field; or
• Evidence of your authorship of scholarly articles in the field, in professional or major trade publications or other major media; or
• Evidence of the display of your work in the field at artistic exhibitions or showcases; or
• Evidence that you have performed in a leading or critical role for organizations or establishments that have a distinguished reputation; or
• Evidence that you have commanded a high salary or other significantly high remuneration for services, in relation to others in the field; or
• Evidence of commercial successes in the performing arts, as shown by box office receipts or record, cassette, compact disk, or video sales

NOTE:  Not all of the above categories will fit or be applicable to all professors or research positions. If the above standards do not readily apply to the beneficiary’s occupation, the petitioner may submit comparable evidence to establish the beneficiary’s eligibility

No offer of employment required

Although foreign nationals seeking permanent residence under this category can self-petition, the employment based green card petition must be accompanied by clear evidence that the alien is coming to the United States to continue work in the area of expertise. Such evidence may include letter(s) from prospective employer(s), evidence of prearranged commitments such as contracts, or a statement from the beneficiary detailing plans on how he or she intends to continue his or her work in the United States.

Act Now - free spots fill up fast!

C. EB-2 Green Card Option: The EB-2 For Professionals With Advanced Degrees or Persons With Exceptional Ability

The EB-2 Employment Based Green Card classification includes:

1. aliens who are members of the professions holding advanced degrees or their equivalent

Advanced degree is a Master’s degree or higher or at least a Bachelor’s degree with 5 years of progressive experience.

2. and aliens who have exceptional ability in the sciences, arts, or business .

In order to be classified as a person having exceptional ability in the sciences, arts, or business, the individual must provide documentation of three of the following:

• An official academic record showing the alien has a degree, diploma, certificate or similar award from a college, university, school or other institution of learning relating to the area of exceptional ability;
• Letters documenting at least ten years of full-time experience in the occupation being sought;
• A license to practice the profession or certification for a particular profession or occupation;
• Evidence that the alien has commanded a salary or other remuneration for services which demonstrates exceptional ability;
• Membership in professional associations;
• Recognition for achievements and significant contributions to the industry or field by peers, government entities, professional or business organizations

NOTE: If the above standards do not apply to the petitioner’s occupation, other comparable evidence of eligibility is also acceptable.

My Case Scenario Chen

Chen is a Chinese national who has a PhD in biological statistics. He has just been offered a tenure track position with a Southern California university to teach advanced statistics and to provide statistical support to their cancer research department. Chen has an extensive resume after only 5 years. He has written numerous articles about biological statistical methods, in fact the methods he developed for his PhD research in the field have been adopted by many and have been praised as some of the most innovative and groundbreaking research presented in years. Chen is also a reviewer for several scientific journals and has written numerous articles in his field. At his last position, he was named as one of the members of the development team that received a patent on the work they were doing. What options does Chen have to remain permanently in the U.S.?

Given the strength of his background he should qualify for several categories, including an individual of Extraordinary Ability (EB-1.1), an Outstanding Professor or Researcher (EB-1.2), an individual with an advanced degree (EB-2) using either the university ‘special handling’ procedures or seeking a National Interest Waiver, and clearly as a professional in the EB-3 category.

D. The Labor Certification (PERM) And National Interest Waiver

EB-2 Employment based green card petitions generally require a “job offer” from the employer and must be accompanied by an approved, individual labor certification from the Department of Labor. The labor certification must outline the minimum requirements for the position and is proof that there are no minimally qualified U.S. workers that are ready, able, and willing to fill the position.

Colleges and universities that are seeking a labor certification for a professor and certain researchers can take advantage of “special handling” rules. These rules allow the educational institution to show that the foreign national is more qualified (minimum qualifications do not apply) than other applicants, and can document that the alien was selected for the job opportunity in a competitive recruitment and selection process. They can use the recruitment process for the position as long as it was within 18 months of the time the labor certification application is filed.

If you are a worker with an advanced degree or you meet the exceptional ability requirements you may apply to waive the requirement of a job offer if such a waiver would be in the national interest .

USCIS established a three part test for the national interest waiver. You must show that:

• Your proposed endeavor in the U.S. has substantial merit and national importance;
• You are in a position to advance to the proposed endeavor; AND
• On balance, it would be beneficial to the U.S. to waive the labor certification and job offer requirement.

Having met the exceptional ability standard by itself is not sufficient to grant the waiver. USCIS has held that work such as local pro bono lawyering, teaching in a single school, or providing nutritional information in a localized setting is not sufficient to meet the national criteria.

Additionally, a national interest waiver is not warranted solely to ameliorate a local labor shortage. The petitioner must prove that the benefit his unique skills would provide substantially outweighs the inherent national interest in protecting U.S. workers through the labor certification process. One of the greatest benefits of the national interest waiver application is that the foreign national, as with the EB-1.1 category, can self- petition

DID YOU KNOW? The main advantage of the EB-1 category is the lack of any retrogression or visa backlogs.  This means regardless of the country of birth, applicants are not stuck waiting for an immigrant visa to be issued or to file adjustment of status.  Those born in India and China are subject to significant backlogs in the EB-2 and EB-3 categories.

E. EB-3 Green Card: The EB-3 For Skilled or Professional Workers

A category that will not be overly utilized for professors and researchers, but which nonetheless should be considered, is EB-3 Employment Based Green Card for skilled workers, professionals and “other” workers. While eligibility requirements for the EB-3 Green Card classification are less stringent than the EB-1 and EB-2 Green Card classifications, one should be aware that a significant backlog may exist for visas in the skilled workers, professionals, and “other” workers category depending on the country of birth of the applicant.

The EB-3 Green Card classification includes:

• Aliens with at least two years of experience as skilled workers;
• Professionals with a baccalaureate degree; and
• Other workers with less than two years experience, such as an unskilled worker who can perform labor for which qualified workers are not available in the United States

Skilled worker positions  are not seasonal or temporary and require at least two years of experience or training. The training requirement may be met through relevant post-secondary education. The Labor Certification application states the job requirements, which determine whether a job is skilled or unskilled.

Professionals  must hold a U.S. baccalaureate degree or foreign equivalent degree that is normally required for the profession. Education and experience may not be substituted for the degree.

Other workers  are in positions that require less than two years of higher education, training, or experience. However, due to the long backlog, a petitioner could expect to wait many years before being granted a visa under this category.

When it is time to take that final step to permanent residence, professors and researchers and their employers have several employments based green card options to choose from. Each of the described categories have benefits as well as drawbacks.

Professors and researchers should carefully weigh all the options against the facts before deciding on which immigrant visa category to pursue. To find the option that’s best for you, contact our experienced immigration attorneys for a FREE Immigration Consultation Today >> .

We’ll analyze your specific situation and recommend the most effective strategy based on our attorneys near 100% success rates.

What VisaPro Customers Are Saying

I am pleased to write a review of my experience with VisaPro, who helped me get my green card. I discovered VisaPro with a web search and arranged an interview with [the Attorney], who quickly ascertained upon reviewing my CV that I wasting my time exploring an O-1 visa but rather I should be looking at the EB-1 category: Alien of Extraordinary Ability. Overall this is a great team who really know what they are doing. One cannot go wrong in using them for your visa needs.

Get a Free Visa Assessment

• Family Visas
• Startup Visas
• 1-202-787-1944
• cs (at) visapro.com

• About VisaPro
• Immigration Lawyers
• Success Stories

GET IMMIGRATION TIPS & NEWS

• Free Visa Assessment
• Immigration Consultation
• Legal Representation
• L-1 Blanket
• L-1 Full Service
• TN (Canada)
• TN (Mexico)
• More Work Visas
• L-1 New Office
• E-1 Full Service
• E-2 Full Service
• Entrepreneur Visa Full Service
• Startup Full Service
• EB-1 Green Card
• EB-2 Green Card
• EB-2 National Interest Waiver
• EB-3 Green Card
• I-140 Petition
• Labor Certification
• Spouse and Children of US Citizen
• Unmarried Son or Daughter of USC
• Married Son or Daughter of USC
• Parent of US Citizen
• Brother or Sister of US Citizen
• Spouse and Children of PR
• Unmarried Son or Daughter of PR
• I-130 Petition
• Removal of Conditions
• Advance Parole
• Immigrant Visa Process
• Employment Authorization
• Reentry Permit
• More Green Cards
• K-1 Fiancée Visa
• K-3 Spouse Visa
• E-1 Dependent Visa
• E-2 Dependent Visa
• E-3 Dependent Visa
• TD (Canada)
• TD (Mexico)
• More Family Visas
• Naturalization
• Citizenship Certificate
• Foreign Born Child
• Change of Status
• Extension of Stay
• I-9 Reviews
• Consular – NI
• More US Visas
• Online Visa Advisor
• Fillable USCIS Forms
• Check Visa Status
• Immigration Articles
• Immigration Dictionary
• Ebooks, Videos and PPT
• Immigration Blog
• Processing Times
• How VisaPro Works
• Practice Areas
• FREE! Register Now
• Testimonials

• Rajiv's Blog

EB-1 Extraordinary Ability, Outstanding Researchers/Professors, International Managers/Executive

Under the various employment based categories,   Category I  based permanent residency is the most difficult to obtain. Initially, the foreign national must determine if he/she is eligible for lawful permanent residency according to the USCIS guidelines. 

An applicant filing an EB1 alien of extraordinary ability application may self-petition, but an applicant filing under outstanding researcher and/or professor and multinational manager must have a sponsoring employer.

EB-1 Priority worker categories

• Foreign nationals of extraordinary ability in the sciences, arts, education, business or athletics;
• Foreign nationals who are outstanding professors or researchers; and
• Foreign nationals who are managers and executives subject to international transfer to the United States.

Extraordinary Ability Aliens

Under this category the alien’s entry into the US must substantially benefit prospectively the US. No labor certification is required for this category i.e. a specific job offer is not required for an alien in this category. The alien should be entering US to continue working in the field which the alien has extraordinary ability.  Aliens with  extraordinary ability  are those with  "extraordinary ability in the sciences, arts, education, business, or athletics which has been demonstrated by sustained national or international acclaim and whose achievements have been recognized in the field through extensive documentation."  The alien must be one of "that small percentage who have risen to the very top of the field of endeavor," to be granted this classification. For example, if you receive a major internationally recognized award, such as a Nobel Prize, you will qualify for an EB-1 classification. Other awards may also qualify if you can document that the award is in the same class as a Nobel Prize. Since few aliens may receive these type of awards,  EB-1 regulations call for the “3 of 10” rule, i.e. classification based on at least three of the types of evidence outlined below, is permitted. The worker may submit "other comparable evidence" if the following criteria do not apply:

• Documents of the alien’s receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor;
• Documentation of the alien’s membership in associations in the field for which classification is sought, which demand outstanding achievement of their members, as judged by recognized international experts in their disciplines or field;
• Published material about the alien in professional or major trade publications or other major media;
• Evidence that the alien has judged the work of others, either individually or on a panel;
• Evidence of the alien's original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field;
• Evidence of the alien's authorship of scholarly articles in professional or major trade publications or other major media;
• Evidence that the alien's work has been displayed at artistic exhibitions or showcases;
• Performance of a leading or critical role in distinguished organizations;
• Evidence that the alien commands a high salary or other significantly high remuneration in relation to others in the field; and

10.Evidence of commercial successes in the performing arts.

For artists seeking permanent residency under this category, following is a suggested evidence list:

• Media coverage of the artist’s work (press releases, advertisement of movie premier, coverage on success of movie highlighting the artists part, newspaper articles, critic’s overview, industry publications etc.
• Copies of articles written about the individual in trade magazines – publications in the movie industry highlighting upcoming films featuring the artist.
• Any stage work (plays) – playbill or similar publication noting artist’s participation and previous successes in the field.
• Expert advisory opinions obtained from industry associations.
• Copies of work – DVD’s, posters advertising movie, etc.
• Evidence from producers of work showing box office sales, rating in the industry.
• Proof of high remuneration for parts in comparison to others in the films.
• Film industry reviews of work (film release and subsequent feedback from critics and the general public).
• Any awards received for roles played – copies of certificates or award letters along with documentation to show criteria for award and reputation/significance of awarding body.

Expert testimonials may be submitted to show that the alien is one of those few who have risen to the top of the field.  USCIS also requires documentary evidence to support this claim.

Outstanding Professors and Researchers

Outstanding professors and researchers are recognized internationally for their outstanding academic achievements in a particular field. In addition, an outstanding professor or researcher must have at least three years' experience in teaching or research in that academic area, AND enter the U.S. in a tenure or tenure track teaching or comparable research position at a university or other institution of higher education or with a private company employing three or more full-time researchers and an established record of documented accomplishments. Experience in teaching or research can be counted while working on advanced degree if such degree was acquired and the alien had full responsibility for the class taught, or the research has been recognized as outstanding in the academic field. If the employer is a private company rather that a university or educational institution, the department, division, or institute of the private employer must employ at least three researchers (besides the applicant engaged) full time in research activities and have achieved documented accomplishments in an academic field.

No labor certification is required but a job offer is a requirement. Under this category the petitioner has to show proof that the offered employment is of a qualifying nature, the alien has the requisite credentials and alien is outstanding in an academic field.  To show that there is qualifying offer of employment, the employer must submit a letter with the petition stating the terms of the employment especially a tenured or tenure-track teaching/research position in the alien’s field or a research position having no fixed term and in which the alien will have an expectation of continued employment or a comparable position with private employer with proof that at least three full time researchers are employed having achieved documented accomplishments in the field.  With respect to credentials the alien has to submit letters from current as well as former employers documenting at least three years experience in teaching or research in the field.

Evidence that the professor or researcher is recognized as outstanding in the academic field must include documentation of at least two of the following:

• Receipt of major prizes or awards for outstanding achievement;
• Membership in associations that require their members to demonstrate outstanding achievements;
• Published material in professional publications written by others about the alien's work in the academic field;
• Participation, either on a panel or individually, as a judge of the work of others in the same or allied academic field;
• Original scientific or scholarly research contributions in the field; and
• Authorship of scholarly books or articles (in scholarly journals with international circulation) in the field.

Multinational Manager or Executive

Some executives and managers of foreign companies who are transferred to the U.S. may qualify. A multinational manager or executive is eligible for priority worker status if he or she has been employed at least one year (any time) in the preceding three years by the overseas affiliate, parent, subsidiary, or branch of the US employer and seeks to enter the U.S to continue service to that firm or organization in a managerial or executive capacity. The subsidiary can be a joint venture if there is equal control and veto power or can be less than one-half of ownership under certain circumstances. The one-year employment abroad must be continuous.

 No labor certification but a job offer by the US company is required in this category. The petitioner must be a U.S. employer, doing business for at least one year, that is an affiliate, a subsidiary, or the same employer as the firm, corporation or other legal entity that employed the foreign national abroad. There is no requirement that the qualifying relationship (there must be an actual transfer of stock; neither an agreement nor a working relationship would work because both does not involve the necessary ownership and control) between the US and the foreign entity for one year at the time of the petition filing.

Definitions of terms relevant to this EB-1 category are found in 8 CFR § 204.5. “Managerial Capacity” requires management of an organization, department, component or function by the alien along with supervision and control of other supervisory, managerial or professional personnel or management of an essential function.  Besides, the alien should have the authority to make personnel decisions including the right to hire and fire or functioning at a senior level if managing a function. The alien also should exercise absolute discretion over operations or a function.  Under “Executive Capacity”, the alien is required to show management of an organization, department, component or function along with the authority to establish goals and policies. The alien also should show a wide range in discretionary decision-making process as well as a minimal general supervision from his/her higher officials.

• Employment Based Green Cards
• EB1 Green Card

Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

Can a Phd student say in Computer science on a F1 visa from reputed university like Stanford and with good credentials apply for EB1-B visa on completion of his Phd and working in a good research company like (google research) in his OPT without switching from F1 visa to H-1B visa?

Student applying directly for green card

I have written a comment about this in The Economic Times.  See  https://economictimes.indiatimes.com/nri/migrate/can-student-visa-holde…

This article should also be in our blogs in an expanded format.

Green card in EB1 category

I am B.Tech Graduate from India in 1996. Currently working as a consultant with New Jersey based employer. My current employer has processed GC in EB2 category. Priority date is Sep2020. There is another company who is asking me to join. Company is ready to file my GC in EB1 category as I have more than 20 years of IT experience working on different roles in India and USA. Can you please guide me on below questions:- Is it possible my employer can process my another GC in EB1 category? Can you please guide me if new employer can process my GC in EB1? If yes what all documents and fee do you charge to process GC in EB1 category? How much time it takes in complete EB1 GC processing?

EB1A or EB-1B

We will need to access your résumé and also need to know whether you are considering EB1A or EB-1B?

I worked as a Technical Delivery Manger (with an international Bank) before coming to US on H1b 6 years ago. I still work as an IT Manger with a different multinational company. Am I qualified to file in EB1 visa category? If no, Will I be qualified if I move to my first company here in US?

EB-1C through a different employer

We are allowed to file a green card in the EB-1C category only through a related set of companies. You cannot go outside the relationship to file through a different company.

EB-1C H1B Eligibility Check

Hi , I am working for same organization from 2008. I have worked at India office from 2008 till 2018 and then came to USA in 2018 and working with same organization on client side.

I was worked as Offshore Manager at India office even though official designation was Tech Manager I have performed below managerial activity at offshore/India. 1) I have worked with the same organization for 11 year before entering to US. 2) I have worked as a Offshore Manager 6 to 8 profession resource and they are reporting me. 3) I was responsible for resource work allocation. 4) I was responsible for resource hiring. 5) I was responsible for performance appraisal/promotion and leave authorization. 6) I also did multiple Automation to reduce cost of Client and based on that we got some business from client .

In 2018, I have came to USA and same India Team was reporting me although Till 2020 March. My Role in LCA is System Architect & From March I moved on another project and my designation is Tech Manager And now my company are planning to change the role from individual contributor to Manager

My Question is

I would like to know, Do i am eligible for EB1-C or please suggest if any LCA Role Change will help From 15-1199 System Architect to any other like 11-3021.00 computer and information systems managers

Thanks with Regards, Kuldeep

It looks like you could potentially qualify, but only your lawyers can assist you after reviewing the exact job description, etc.

Thank you so much for your reply.

EB1A Eligibility Check

I am currently working as a scientist with Amazon. I am hoping to evaluate likelihood of my mom’s chances for EB1A. She currently holds the top position in one of the most prestigious universities in India. She’s been thoroughly covered by media (as an administrator and reforms in national education policies), has multiple international papers in plasma physics and has also advised doctoral candidates/reviewed papers. She holds two patents and sits on national education committees as well as is executive member of plasma/semiconductor groups in India. I tried summarizing bulk of her high-level pointers but would omit her name for sensitive reasons. If you feel, it’s worth the deep dive and time. Please let me know and I can reserve some time for us to discuss. Would appreciate your help in navigating the process of first consultation (if we come to that point)

Looking forward to hearing from you!

Thanks Abhijit

EB-1A Review

It is certainly worth reviewing. Please email me her resume at help(at sign)immigration dot com. Let me take a look. Regards. Rajiv.

I-485 process under EB-1c category with L1-B visa

I was on L1-A blanket visa when my employer filed I-140 in the year 2017 under EB1-c category and got i-140 approved in Oct-2018. I had to move back to home country due to personal reasons in August-2018. Now i came back in Oct-2022 on L1-B(not L1-A) visa filed by same employer and planning to file i-485(AOS) for the i-140 approved in EB-1c category.

My employer has recently provided the supportive document for i-485 filing , that is i-485j supplement form and it supports my role in i-140 in EB-1c category despite i am on L1-B visa.

My questions are: Q 1: I was on L1-A when my i-140 got approved in EB-1c. Now i am on L1-B visa(Specialized knowledge). Does it going to impact my i-485 process in EB-1c category?

Q2: Is there any chance of rejection/denial of my approved EB-1 i-140 subsequently i-485 because of the non-immigrant L1-B visa status(as this visa is for specialized knowledge but not multinational managers)?

Please clarify. Appreciate your help.

This will require some discussion. Please contact your lawyers, or set up a consultation with us: https://www.immigration.com/our-fees

Hello Rajeev, I am currently working on H1b visa for last 3 years. I am working as an co author in a book that will he published next year and have been on a panel at a conference in India. I have completed my masters and have applied for my PE license.

Please advise if I became a part of indian review board of any journal if it will be accepted by uscis to satisfy the criteria to judge others work for EB1

If I apply for a patent do I need show the patent number or users of the patent to the USCIS

EB1A Peer Reviewer

Porting priority date from eb2 after approval of eb1a i140.

Hello Sir, My Eb1a I-140 is approve with Priority date Dec 2022. Can i port my Eb2 I-140 priority date which is January 2018. Is it doable?

All EB-1,2,3 priority dates can be ported from one to the other.

While I was in India , I was working for a company at managerial level from June,3, 2013 to May,27th, 2019. I have resigned and joined another company on H1B /USA from May 28th,2019 till May 27th,2021. I joined back subsidiary company of the earlier Indian company (Previous employer) in USA, on May 28th,2021via H1B transfer at an executive level i.e financial controller with a big team. Am I eligible for EB1 C category? Can I say that I have worked for 1 year out of 3 years with the foreign company? Thanks

You have to have worked outside the USA for a related company for one year out of the last three counting back from the date you apply.

• Add new comment

Filtered HTML

• Web page addresses and email addresses turn into links automatically.
• Lines and paragraphs break automatically.
• Allowed HTML tags: <a href hreflang> <p> <h2 id> <h3 id> <h4 id> <h5 id> <h6 id> <em> <strong> <cite> <code> <ul type> <ol start type> <li> <dl> <dt> <dd><style> <drupal-entity data-*>

Copyright ©1993-2024, Law Offices of Rajiv S. Khanna, PC. All rights reserved. IMMIGRATION.COM is a registered trademark of Law Offices of Rajiv S. Khanna, P.C.

What is EB-1A and How to Apply?

The EB-1 (Employment-Based First Preference) Green Card allows individuals with outstanding academic achievements or extraordinary skills to immigrate to the U.S. permanently. It is a way to obtain a Green Card through employment in the U.S. The EB-1 Visa has three categories:

• EB1-A: for people with extraordinary abilities
• EB1-B: for outstanding professors and researchers
• EB1-C: for multinational managers and executives

In this writing, we will explain EB1-A Green Card, its requirements, and application procedures.

EB1-A: Aliens of Extraordinary Ability

Individuals with extraordinary abilities in science, arts, education, business, or athletics can apply for the EB1-A Visa. It is an immigrant visa. It allows individuals to settle in the U.S. for the rest of their lives. To qualify for EB1-A Visa, the individual should provide sufficient evidence for their significant talent in their fields of study.

The essential advantage of the EB-1A is that it does not require either a job offer from employers in the U.S. or a labor certification by the Department of Labor (DOL) . In addition, EB-1A allows applicants to self-petition and avoids long-processing times due to the labor certification process.

EB1-A Requirements

If you are an exceptional talent with outstanding success in your field, EB1-A requirements are easy to meet. Internationally recognized awards are often presented as proof of exceptional skills. Here are the main requirements:

• The individual must have an exceeding ability in their field.
• The individual is expected to continue working in the area of their expertise once they migrate to the U.S.

In order to prove you will conduct the work in their work of expertise once they arrive in the U.S., there are some documents they can submit on their application:

• A letter from their potential employer
• A contract between the individual and a U.S. company expresses that the individual will work in the same field.

However, keep in mind that you do not need a job offer to apply for the EB1-A visa.

• The individual must be able to prove their abilities by submitting internationally recognized awards such as Pulitzers, Oscars, Olympic medals, etc.

If you do not have such an award, United States Citizenship and Immigration Services (USCIS) outlines additional ten criteria that the individual must meet instead. For example, if the individual can possess at least three of the following ten criteria, they would be eligible to be considered as an individual with an extraordinary talent:

• Evidence of receipt of lesser nationally or internationally recognized prizes or awards for excellence
• Evidence of your membership in associations in the field which demand outstanding achievement of their members
• Evidence of published material about you in professional or major trade publications or other major media
• Evidence that you have been asked to judge the work of others, either individually or on a panel.
• Evidence of your original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field
• Evidence of your authorship of scholarly articles in professional or major trade publications or other major media
• Evidence that your work has been displayed at artistic exhibitions or showcases
• Evidence of your performance in a leading or critical role in distinguished organizations
• Evidence that you command a high salary or other significantly high remuneration concerning others in the field
• Evidence of your commercial successes in the performing arts

In some cases, these categories do not apply because of the field of expertise. In such cases, the individual must provide comparable evidence. The individual should firmly explain why the criteria are not ascribed to their field and why their comparable evidence should be considered instead.

EB1-A Application Process

EB1-A application process you should follow depends on whether you are in or outside of the U.S. There are two different application paths;

• Adjustment of Status
• Consular Processing

EB1-A Adjustment of Status Application Process

If the individual is currently in the U.S., they should adjust their status to EB-1A Green Card to complete the application. But before doing so, you must file the Form I-140 Immigrant Petition for Alien Worker. Most employment-based visas require an employer to file this Form on your behalf, but this is different with EB1-A applications.

After the USCIS approves your petition, you can adjust your status to EB1-A Green Card by filing Form I-485 with the USCIS. If your I-485 Form is approved, you will immediately be granted your EB1-A Green Card!

EB1-A Consular Processing Application Process

If you are outside the U.S., you should apply for EB-1A through U.S. consulates in your home country. This process is known as consular Processing and requires you to fill out DS-260 Immigrant Visa Application Form, schedule an interview at the U.S. consulate, and bring the DS-260 confirmation page to your interview.

Before you set your interview date, as an adjustment of status applications, you must file Form I-140 with the USCIS and wait for a decision on your case. If your I-140 Form is approved, and you complete the following steps, you will be issued your EB-1A Green Card and move to the U.S. to live and work permanently!

LET US HELP YOU TO PROVE YOUR ABILITY

If you have exceptional ability in the sciences, arts, business, education, or athletics and can prove your abilities with valid documents, you may apply for an EB-1A Green Card! However, the application process is complicated. Therefore, seeking legal help is essential.

At Grape Law, we excel at understanding our client's needs and providing them with the resources. You can contact us by emailing [email protected] or scheduling a face-to-face meeting on our website.

Your American Dream Is One Click Away

•  Tel: 888.666.0969 (Toll Free) 9:30 a.m. to 5:30 p.m. Eastern Time Zone
•  Chinese Hotline: 888.666.0969 ext.380
•   Click Here to Submit Free Evaluation Request

Frequently Asked Questions for EB1-B (Outstanding professors and researchers)

Who qualifies as an outstanding professor or researcher?

Three requirements must be satisfied for a petition of outstanding professors or researchers:

• An outstanding professor or researcher is a foreign national who is recognized internationally as outstanding in a specific academic field.
• The foreign beneficiary must have at least three years of experience in teaching or research in the academic field.
• The foreign beneficiary must be offered a tenured or tenure-track teaching or research position at a university, or a comparable research position with a private employer if the employer has at least three full-time researchers and documented accomplishments in the research field.

Who can file a petition under EB1-B?

The employer must file the preference petition with the USCIS; the foreign person is the beneficiary of the petition.

What form does EB1-B petition file?

All petitions of EB-1 need to file Form I-140.

Is a labor certification required before the filing of I-140?

No labor certification is required before the I-140 filing for all groups of EB-1.

Is a job offer required for EB1-B?

Yes. A job offer is required under this category and the foreign professor/researcher needs employer sponsor to file the petition.

What are the major advantages of applying for EB1-B-Outstanding Professors or Researchers?

• No labor certification is required.
• All visas are current so it much faster to obtain a Green Card in this category than others.

How difficult is it to have EB1-B petition approved?

The burden of proof in EB1-B cases rests solely with the petitioner. The petitioner has to provide substantial evidence of the two out of six regulatory criteria the foreign professor/researcher is attempting to satisfy. If the foreign professor/researcher is qualified, the probability of success depends largely on the way the case is presented. If the evidence is relevant and well presented, and the argument is made persuasively, then the case should be approved routinely.The approval rate of EB1-B case has been over 90 percent over the last 5 years. See Approval rate from 2005-2010 .

What eligibility criteria should be identified in the case of Outstanding Professor or Researcher petitions in Form I-140?

The I-140 petition for Outstanding Professor or Researcher should include the follow documents:

• The petition should identify which of the six regulatory criteria the alien is attempting to satisfy and the relevant evidence for each individual criterion.
• Provide evidence that the alien has at least three years of experience in teaching and/or research in the academic field.
• Submit a copy of the petitioner's actual job offer issued to the alien beneficiary. This letter or contract must set forth the title, terms and conditions of the position offered.
• Send documentation as outlined above for each position if the beneficiary has changed positions since s/he was initially hired.

What evidence should be included in an EB1-B petition?

Substantial amount of evidence must be included in EB1-B petition to support the satisfaction of qualification. A petition for outstanding professor or researcher must be accompanied by evidence of the six regulatory criteria the petition is attempting to satisfy and the relevant evidence for each individual criterion:

• documentation of the alien beneficiary's receipt of major prizes or awards for outstanding achievement in the academic field;
• documentation of the alien beneficiary's membership in associations in the academic field, which require outstanding achievements of their members;
• published material, in any language, provided it is translated into English, in professional publications written by others about the alien's work in the academic field--this documentation must include the title, date, and author of the material;
• evidence of the alien's participation, either individually or on a panel, as the judge of the work of others in the same, or an allied, academic field;
• evidence of the alien beneficiary's original scientific or scholarly research contributions to the academic field; or
• evidence of the alien beneficiary's authorship of scholarly books or articles, in scholarly journals with international circulation, in the academic field.

Also, the petition should include evidence of the alien beneficiary's at least three-year teaching or research experience and tenure or tenured track position.

Can the experience in teaching and research combined together to calculate the three year experience?

Yes, under the USCIS regulations, the requirement of three years of experience can be met through a combination of teaching and research.

Does the three year experience of teaching or research include the experience in teaching or research while working on an advanced degree?

Experience in teaching or research while working on an advanced degree is generally not acceptable. It will only be acceptable if the foreign person has acquired the degree, and if the teaching duties were such that he or she had full responsibility for the class taught or if the research conducted toward the degree has been recognized within the academic field as outstanding.

How should the petition present the evidence of at least three year experience in teaching or research?

Evidence of teaching and/or research experience must be in the form of letter(s) from current or former employer(s) and must include the name, address, and title of the writer, and a specific description of the duties performed by the alien beneficiary.

What jobs qualified as tenure, tenured-track or comparable positions?

Tenured, tenured track job means a job that has no definate termination date. It can be a teaching or research position at a university, or a comparable research position with a private employer if the employer has at least three full-time researchers and documented accomplishments in the research field.

Is a permanent research job qualified?

In recognition that many research positions at universities are not tenured or tenure-track positions, the USCIS rules permit a job offer to qualify for first preference consideration if the university is offering a “permanent research position“ to the alien beneficiary. A “permanent“ position is one that is for a term of indefinite or unlimited duration, and in which the employee will ordinarily have an expectation of continued employment unless there is good cause for termination.

What if the employer is a private employer and they don't provide “tenure or tenured-track job“?

The USCIS takes the position that since private employers do not ordinarily give tenure to employees, a “comparable“ position for purposes of this category would be one in which the job description and duties are analogous to those of a researcher in an academic setting, that is, one who is offered a “permanent“ position as defined by the rules.

Is a government agency a qualified employer?

The UCIS clarifies that government agencies at the federal, state, or local level do not fit within the definition of employer for the purposes EB1-B unless the government agency is a U.S. university or an institution of higher learning. And the burden of proof is on the petition(employer) instead of the beneficiary (the foreign person).

How should a petition preset the evidence of being offered of employment from a prospective United States employer?

Since a labor certification is not required for this classification, the offer of employment must be in the form of a letter from:

• a United States university or institution of higher learning offering the foreign professor/researcher a tenured or tenure-track teaching position in his/her academic field;
• a United States university or institution of higher learning offering the foreign professor/researcher a permanent research position in the his/her academic field; OR
• a department, division, or institute of a private employer offering the foreign professor/researcher a permanent research position in the his/her academic field; the department, division, or institute must demonstrate that it employs at least three persons full-time in research positions, and that it has achieved documented accomplishments in an academic field.

Is there any evidence that would present a strong case that the professor or researcher is considered outstanding?

In a June 1992 memorandum on the subject, the former INS indicated that the following evidence would present a strong case that the professor or researcher is considered outstanding:

• Peer-reviewed presentations at academic symposia;
• peer-reviewed articles in scholarly journals;
• testimony from other scholars on the alien beneficiary's contribution to the field;
• a number of entries in a citation index citing the alien beneficiary's work as authoritative; or
• Participation by the alien beneficiary as a reviewer for a peer-reviewed scholarly journal.

Is the foreign professor/researcher required to have a PhD degree?

Although one would normally expect outstanding researchers and professors to have Ph.D. degrees, neither the statute nor regulations require possession of a doctorate. Furthermore, a foreign national who qualifies as an outstanding professor can be offered a position as a researcher and vice versa.

Does the two-part approached applied to EB1-A also apply to EB1-B case?

Yes. The types of evidence listed in the regulations serve only as guidelines for the adjudicator and the petitioner. Ultimately, the evidence must establish that the beneficiary is a researcher or professor who is internationally recognized as outstanding. Merely presenting evidence which relates to two of the listed criteria does not necessarily mean that the priority worker petition will be approved since the adjudicator must weigh and evaluate the evidence. If the USCIS determines that the evidence submitted does not meet the standard for classification, therefore, additional evidence may be requested.

How many publications are sufficient to meet EB1-B requirements?

There is no specific minimum publication requirement; rather, it is determined by USCIS on a case-by-case basis.

What is the most update two-part approach taken by the USCIS now?

In 2010, the U.S. Court of Appeals for the Ninth Circuit reviewed the denial of a petition filed under the classification of EB1-A, the Kazarian case. The AAO determines that Kazarian case sets forth a two-part approach : Part One- Counting the Types of Evidence Provided; Part Two: Final Merits Determination. A USCIS memorandum issued in August 2010 now mandates two-step analysis for EB1-A Alien of Extraordinary Ability, EB1-B Outstanding Professors and Researchers and EB-2 Foreign Nationals of Exceptional Ability

• Part 1: The adjudicator must determine whether the petition has submitted evidence to meet the criteria for the immigration classification he or she is seeking as required by the USCIS rules.
• Part 2: The adjudicator must consider all of the submitted evidence in totality to make a determination as to whether the foreign national meets the requisite level of expertise for the category. In this phase, the adjudicator evaluates all the evidence and determine if, cumulatively, it proves by a preponderance of the evidence that the I-140 beneficiary satisfies the general definition of the category.

Can my employer files EB1-B for me and I file EB1-A and/or NIW simultaneously?

Yes. But you have to file a separate Form I-140 petition, with the required fee and supporting documentation for each requested visa category. Do not check multiple categories on one I-140 Form.

How can a petition be filed?

An I-140 Form can be file electronically or by mail. But supporting evidence has to send to service centers.

Is priority date matter in a EB1-B case?

No because all visas are current.

Can a petition be withdrawn?

Yes, the petitioner or the Form G-28 representative may send a letter requesting to withdraw the I-140 petition to USCIS .

How can a petitioner request the withdrawal of a Form I-140 petition?

The petitioner or the Form G-28 representative may send a letter requesting to withdraw the I-140 petition to USCIS

Withdrawal requests should include:

• A statement indicating that the Form I-140 petitioner wishes to withdraw the petition;
• The Form I-140 petition receipt number;
• The name, address and phone number of the petitioner;
• The name of the alien beneficiary;
• The alien registration number of the alien beneficiary, if known;
• The petitioner's signature or the Form G-28 representative.

If an EB1-B petition gets rejected, how long do I have to wait to file under EB1-B or other categories again?

The law does not restrict the time you can file your EB1-B petition after the rejection of your previous filing. A previously rejected petition does not bar you from submitting another petition subsequently, regardless which classification is concerned. However, unless your circumstance has improved, it is not advisable to simply submit a similar petition again because it is unlikely your case will be approved.

How should evidence accompanied the petition be organized?

Follow the tips below for how to organize the evidence:

• Provide all required documentation and evidence with the petition when filed. Form I-140 petitions may be denied without issuing a request for evidence in the instances where the required evidence described in the instructions and regulations are not initially provided.
• If providing photocopies of documents, provide clear legible copies.
• All foreign language documents must be submitted with a corresponding English translation. The English translation must be certified by a translator who is competent to translate and must verify in writing that “the translation is true and accurate to the best of the translator's abilities.“ It is helpful if the English translation is stapled to the foreign language document.
• If documenting the alien's publications or citations of the alien beneficiary's work, highlight the alien's name in the relevant articles. It is not necessary to send the full copy of a dissertation, thesis, or research paper written by the alien beneficiary, or one in which the alien beneficiary's work has been cited. Include the title page and the portion(s) that cite the alien's work and the “works cited“ or bibliography.
• Tab and label the evidentiary exhibits at the bottom of the first page of each exhibit, and provide a list of the evidentiary exhibits and the eligibility criteria that each exhibit is submitted to establish for petitions supported by a substantial amount of documentation. An exhibit that is being provided to meet multiple eligibility criteria should be so identified in the exhibit list.

What is a letter of recommendation?

A letter of recommendation is also called reference letter, and it is a letter written by an expert in the alien's field or some otherwise authoritative person in an allied or supported field. Recommendation letters are essential in petition for employment-based immigration benefits. Given that adjusting officers are rarely experts in an academic field, the only way for them to determine whether you qualify for the standard set by the law (outstanding) is looking at objective evidence submitted. A recommendation letter is among the most important of them.

Whom should I contact to obtain letters of recommendation?

The USCIS takes the position that an individual with international recognition should be able to produce ample unsolicited materials reflecting that acclaim. Therefore, recommendation letters from independent and outside sources carry more weight because they are proof of the alien's accomplishments. If an alien's contributions are not praised widely outside his or her current and former circle of acquaintances, then it cannot be concluded that he or she has earned sustained international recognition. Therefore, the government will not give as much weight to letters from the alien's immediate circle of colleagues submitted in support of the criterion of original contributions of major significance in the field.

In addition to be an expert in the field of your endeavor, it will better if the person writing you a recommendation letter knows about your research and contribution enough to specifically address them in the recommendation letter. Therefore, although someone who has a prominent reputation in the field of your endeavor will be a better candidate than someone from your immediate circle of acquaintances, a perfect candidate will be an expert familiarizing himself/herself of your contribution. A recommendation letter from your existing or prospective employer is also appropriate.

What information should be included in the recommendation letters?

These are things that should be included in a recommendation letter:

• Qualifications of the recommender: A recommendation letter needs to include the description of the drafter. If the drafter comments on the foreign person's achievements or research, a statement should be included in the support letter that establishes the qualifications of these individuals to judge the applicant's work.
• Helpful testimonials from experts: Expert testimonials of your accomplishments are crucial to your petition. However, keep in mind that expert testimonials should bolster the argument that you meet the standard set by law, i.e., that the alien beneficiary is internationally recognized. Evidence that merely establishes the alien beneficiary's competence or which fails to set him/her apart from other persons in the field does not support the case because it carries little weight and may actually be used to deny the petition.
• Substantive information: A good recommendation letter should point out the high level of unique expertise the applicant possesses. If it is a recommendation letter from an employer or professor of the applicant, it should specify the work the foreign national is responsible for and the requirements of the job. A recommendation letter from an employer can cite to such a position to establish that very few individuals can fill the offered position and the alien is one of these few individuals. In addition, recommendation letters that briefly discuss the alien beneficiary's activities and described him or her as a knowledgeable individual, but lack specific information regarding how the his/her contributions had significantly and consistently influenced the field are insufficient.

How many recommendation letters are needed?

There is no specific number of letters set forth by the USCIS. You should generally include three to seven letters of recommendation in an EB-1 case.

What assistance does your firm provide concerning drafting recommendation letters?

Letters of recommendation are hard to draft yet good letters of recommendation will substantially boost your chance of successful petition. After you retain us, our firm will help you obtain good recommendation letters step by step:

• We will provide detailed information concerning recommendation letters and walk you through the purpose, format and content of recommendation letters.
• We will discuss with you about potential candidates to write you recommendation letters.
• You provide us detailed information pertaining to the authority and expertise of the recommenders, your connections, the relationships beteween your research and theirs ect.
• After receiving the information you provide, our attorneys and legal team will draft recommendation letter for you.
• You send the recommendation letters to recommenders for them to review and sign.
• Before we submit the petition, we will review those substantially changed recommendation letters to see if it is necessary to ask the recommender to sign another updated version.

What if I change jobs while my EB1-B petition is pending?

If the alien beneficiary changes employers when I-140 is pending, a new petition must be filed.

What is the real difference between EB1-B and NIW applications? Is it possible to file two petitions such as an EB1-B and a NIW at the same time?

The requirements in EB1-B and NIW are different, and the application preparation is significantly different between these two classifications. For example, foreign person seeking classification of NIW can do self-petition while EB1-B seekers need to have an employer sponsor. But once your I-140 is approved, there is no major difference between these two classifications for the I-485 application later.

It is possible to file two petitions such as an EB1-B and a NIW at the same time. Some applicants file two I-140 petitions simultaneously in EB-1 and NIW. There is nothing stated in the law that prohibits multiple filings. Actually, multiple filings increase your chances.

What is the real difference between EB1-A and EB1-B applications? Is it possible to file two petitions at the same time?

Unlike the extraordinary ability category, the outstanding professors and researchers category requires an offer of employment. Therefore, outstanding professors and researchers cannot self-sponsor themselves. Their petitions must be accompanied by an offer of employment from a U.S. employer.

Despite this additional requirement of a job offer, the standard for outstanding professors and researchers is, nonetheless, a lessor one than that of extraordinary ability aliens. The latter must show a major internationally recognized award, or documentation from at least three of ten specified categories. On the other hand, outstanding professors and researchers are only required to show that they have received international recognition as outstanding in their particular academic areas by meeting at least two of the six criteria set forth above.

In addition, foreign nationals may also qualify for the outstanding professors and researchers category much easier since they can utilize experience gained while they were still students. These professors or researchers may qualify even if they received their three years of qualifying experience while still enrolled in a Ph.D. or teaching program if they had full control over the courses they taught. In addition, outstanding researchers may also count their research experience which was gained as was part of their education if they can show that their research was “outstanding.“

If I do not have published articles in journals within my field, may my employer still petition for me under EB1-B?

Yes, there is no specific requirement that you need to have published articles in order to apply or obtain approval of an EB1-B petition, although in many instances publications would help improve chances of approval. Publications may help to establish alien beneficiary's original scientific or scholarly research contributions to the academic field and the alien beneficiary's in the academic field. A petitioner can still support the case by providing evidence that satisfies other prongs listed by the law.

If I do not have any awards in my field, may my employer still petition for me under EB1-B?

If you do not have any awards in your field, you still can apply for an EB1-B. There is no specific requirement that you must have awards in order to apply or obtain approval of an EB-1 petition, although in many instances awards would help improve chances of approval by satisfying one of the prongs listed by the law. The petitioner can still support the case by providing evidence that satisfies other prongs listed by the law.

I am a J-1 holder subjected to the two-year foreign country residency requirement. May I apply under EB1-B now, and get my J-1 waiver later?

Yes, you can apply for the EB1-B now, and get your J-1 waiver later. Even with a I-140 approval, you are still subject to the two-year foreign country residency requirement, and need to get the J-1 waiver before you can adjust your status to permanent resident.

You do not have to have a J-1 waiver before submitting an I-140 petition. The two-year foreign residency requirement does not allow you to adjust the status from J-1 to permanent residency, but it does not prevent you from submitting I-140 petition. Also, you may prepare for I-140 and J-1 waiver concurrently. If you receive an I-140 approval before a J-1 waiver, you need to wait for the J-1 waiver to submit the I-485 application for adjustment of status.

What is the filing fee of I-140?

The I-140 filing fee is currently $715.

There is also an asylum program fee; the full amount of the fee is $600. If the petitioning employer is a small entity that employs 25 or fewer full-time employees, the asylum program fee is reduced to $300. If the petitioning employer is nonprofit, the asylum program fee is reduced to $0.

• EB1-A (Alien of Extraordinary Ability)
• (EB1-B or EB1-OR) Outstanding Professors and Researchers
• EB1-C Multinational Executives or Managers
• EB1 Visa Requirements
• Two-Part Approach (the Kazarian case) for EB1-A (Alien of Extraordinary Ability) petition

Our Approvals

No Legal Advice Intended. This website includes general information about legal issues and developments in the law. Such materials are for informational purposes only and may not reflect the most current legal developments. These informational materials are not intended, and must not be taken, as legal advice on any particular set of facts or circumstances. You need to contact a lawyer for advice on specific legal issues problems.

Copyright © North America Immigration Law Group, All Rights Reserved.

Compare U.S. green card paths

Eb-1b: outstanding professor and researcher.

By Allison Davy

What is the EB-1B, Outstanding Professor and Researcher?

The EB-1B is an immigrant petition that puts you on the path to getting a green card . To be eligible for an EB-1B, you must demonstrate international recognition for your outstanding achievements in a particular academic field.

What are the benefits of the EB-1B?

The EB-1B allows you to skip the PERM , a lengthy process of testing the labor market for qualified U.S. workers.

How do I qualify for the EB-1B?

To qualify, you must:

• Have at least 3 years experience in teaching or research AND
• Have a U.S. job offer to teach or work in a predominately research role.  (Note: If the U.S. employer is a private company, the company will also need to show documented accomplishments and that it employs at least 3 full-time researchers).  AND
• Meet at least two criteria below:
• Evidence of receipt of major prizes or awards for outstanding achievement
• Evidence of membership in associations that require their members to demonstrate outstanding achievement
• Evidence of published material in professional publications written by others about the alien’s work in the academic field
• Evidence of participation, either on a panel or individually, as a judge of the work of others in the same or allied academic field
• Evidence of original scientific or scholarly research contributions in the field
• Evidence of authorship of scholarly books or articles (in scholarly journals with international circulation) in the field
• You have comparable evidence of establish that you are an outstanding researcher

Can I self-petition for an EB-1B?

No. You cannot file an EB-1B on your own. You must have a U.S. job offer, and the EB-1B must be filed by a U.S. company on your behalf.

Can I count my PhD research to satisfy the 3 years of research requirement?

It depends. Research experience gained during your advanced degree can only be used to satisfy the 3 years of research requirement if you’ve received the degree, and the research is recognized in the field as outstanding.

Do I need a PhD to qualify for EB-1B?

No. You do not need to have a PhD to qualify for the EB-1B, as long as you can satisfy all of the requirements. A PhD is not a requirement for the EB-1B.

What is a predominately research role?

In order to qualify for the EB-1B, the primary purpose of your U.S. role must be to conduct research. For example, a Research Software Engineer can apply for an EB-1B if the employer can establish that her role will primarily be focused on research instead of general computer programming.

How can a private employer show documented accomplishments?

If you will be working for a private company in the U.S., your employer also needs to show documented accomplishments. For example, approved patents granted to the company, publications by the company, or other similar evidence that the company is accomplished in the field.

How will the U.S. government evaluate my EB-1B petition?

U.S. Citizenship and Immigration Services ( USCIS ) takes a two-step approach in evaluating EB-1B petitions. First, you must establish that you either have a U.S. job offer for a research role, at least 3 years of teaching or research experience, and satisfy at least two of the eligibility criteria.

Then,  USCIS  performs a “totality test”. What this means is that  USCIS  reviews all the evidence together and makes a decision whether, taking everything into account, you have risen to the level of achievement where you should be classified as outstanding enough for EB-1B classification.

Who typically qualifies for EB-1B?

Many different types of researchers may qualify for the EB-1B! For example, a Data Scientist who has made original scientific contributions, with a strong publication and citation record, and has served as a judge at technical conferences may qualify for the EB-1B.

I am on F-1, can I file an EB-1B?

Yes, you can file the EB-1B while in F-1 student status. The EB-1B approval will not impact your F-1.

I am on J-1, can I file an EB-1B?

Yes, you can file the EB-1B while in J-1 status. The EB-1B approval will not impact your J-1. However, if you are subject to the J 2-year home residency requirement, you will not be able to file the I-485 (the “ green card ” application) until you have either obtained a waiver or satisfy the 2-year home residency requirement.

I am already on O-1. Does this mean that my EB-1B will be approved?

Not necessary. The O-1 allows you to temporarily work in the U.S. The standard for the EB-1B is higher than the O-1, because the EB-1B puts you on the path to a  green card . Having an O-1 approval does not guarantee that the EB-1B will be approved.

Legalpad can help you prepare a compelling EB-1B filing!

Do I have to be in the U.S. to file the EB-1B?

No. You do not need to be in the U.S. to file the EB-1B. The EB-1B can be filed while you are living abroad.

Can I file the EB-1B with premium processing?

Yes. EB-1B petitions are eligible for premium processing. Under premium processing, you can receive a final decision within 15 days after filing, unless a Request For Evidence is issued.

A Request For Evidence means that  USCIS  would like more information before making a final decision.

What is included in the EB-1B petition?

The EB-1B petition will include:

• Form I-907, if filing with premium processing
• Form  G-28
• Form  I-140
• The EB-1B support letter (detailed letter that provides a narrative of your accomplishments)
•  5-6 recommendation letters from experts in the field
• Passport biographic page, and status documents if you are currently in the U.S.
• Evidence of how you qualify for the EB-1B. For example, documentation of your publications, memberships, awards, patents, etc.
• Information about the U.S. employer

What happens after the EB-1B is filed?

If the EB-1B is filed with regular processing, it can take 6-8 months to receive a decision from  USCIS .

If the EB-1B is filed with premium processing, you will receive a decision within 15 days unless a Request For Evidence is issued.

Can I file the EB-1B and I-485 together?

If your  priority date  is current, then you have the option to file the EB-1B by itself  or  file the EB-1B and the I-485 (the “ green card ” application) together.

If your priority date is not current, then you must file your EB-1B by itself. Once your priority date becomes current in the future, you can then file the I-485.

I already have an I-140 approval. If I file the EB-1B, can I keep my original priority date?

Yes! If you already have an  I-140  approval, you will be able to keep your priority date in the EB-1B filing. You will not lose your place in line.

I am in the U.S. Can I travel after the EB-1B is filed, or after the EB-1B is approved?

Yes. If you have valid status, you can travel internationally and re-enter the U.S. after the EB-1B is filed, and even after the EB-1B is approved. Having the EB-1B approval will not impact your ability to travel internationally. For example, you can travel internationally and re-enter the U.S. in O-1 status after EB-1B approval.

However, unless you are in H or L status, there will be travel restrictions at the I-485 stage (the actual “ green card ” application).

Would my dependents need a separate EB-1B approval?

No. Your dependents will not have a separate EB-1B approval. If the priority date is current, your spouse and children under 21 years of age can apply for the I-485 using your EB-1B approval notice.

About the author:

Allison Davy

Vice President Marketing, Legalpad

Allison helps startup founders from around the world navigate the complex U.S. immigration system so they can pursue their goals and purpose.

Sign up for our newsletter

Get visa resources, immigration news, and event announcements delivered right to your inbox. Don't worry, if you change your mind, you can unsubscribe at any time.

Green Card for a PhD or Postdoc

Self Petition in EB2 NIW or EB1A with DIY Packages (from original approved petitions)

Serving since 2007

• Uncategorized
• Advance Parole
• Greencard Procedure
• Suitable Category NIW/EB1A
• Self Petitioning
• Recommendation Letters
• Testimonial

Self help packets

Recent Posts

Yearly archives.

Disclaimer: The contents in this web site are only for your information and are not intended to be legal advice. While many of our applicants successfully obtain their I-140 approvals, the information here should not be considered as a guarantee of your green card application outcome.

Citation requirement of EB1A for physics PhD student

What’s the approximate citation requirement for physics students?

For theoretical physics students, when we graduate, our citation usually is below 50, which I think is impossible for EB1A? But for experimental physics PhD student, when we graduate, some of us have citation 100+ and will grow around 100+ per year. I’ve heard the citation requirement is 200-500+, a quite wide range. So I’m not sure what’s the real cases. If it’s not too high, experiment students may just need 2-3 years before they apply for EB1A.

There are no strict or formal requirements for the number of citations. You would use the citation count as an evidence of the merit of your work to the scientific community. The threshold is subjective and it is up to the USCIS officer to decide. Let’s say, 6+ years ago 100 citations was enough and if you had less, you could argue that your field is very narrow, so there are simply not too many people who could cite you. These days, 200-500+ that you mentioned is more common. Don’t forget, this category is for extraordinary abilities, not for average.

Even though graduate students in experimental physics may have more citations, they are usually one of the many coauthors in a paper, so it is harder to ague that their personal contribution was crucial to produce the experimental result. With a shorter list of co-authors, it is easier for a theoretical physicist to argue importance of their contribution, especially because the authors’ names appear in alphabetic order, so you would need to mention this anyway.

I do not know if self-citations are currently filtered out in the review process by the USCIS officers, but you can simply cite all of your papers in conference proceedings and also wait a couple of years to accumulate more citations. If you are active in your field, people will cite you. In the meantime, you are welcome to read our free eBook that will provide additional practical information: https://www.greencardforphd.com/free-ebook

• General question on eligibility for Green Card application
• Postdoctoral researcher
• Can I apply from outside the US
• PhD Green Card
• Information about reference letters
• Citations for industry
• Vehicle Safety Integration
• Post doctoral Researcher
• Questions regarding NIW Kit
• how to do ph.d

© Copyright 2008- 2023 GreencardforPhd.com . All rights reserved.

• Privacy Overview
• Strictly Necessary Cookies

This website uses cookies so that we can provide you with the best user experience possible. Cookie information is stored in your browser and performs functions such as recognising you when you return to our website and helping our team to understand which sections of the website you find most interesting and useful.

Strictly Necessary Cookie should be enabled at all times so that we can save your preferences for cookie settings.

If you disable this cookie, we will not be able to save your preferences. This means that every time you visit this website you will need to enable or disable cookies again.

Media Center 4/17/2024 6:35:00 PM Meghan Durham Wright

Division I Council approves changes to transfer rules

Student-athletes who meet progress-toward-degree requirements to be immediately eligible at new school.

The Division I Council on Wednesday unanimously adopted a package of rules changes to allow transferring student-athletes who meet certain academic eligibility requirements to be immediately eligible at their new school, regardless of whether they transferred previously. The council's action is not final until the meeting concludes Thursday and is subject to ratification by the Division I Board of Directors at its meeting later this month. If ratified, the rules would be effective immediately.

Specifically, to be immediately eligible after a transfer, undergraduate student-athletes would have to have left their previous school while academically eligible and in good standing (not subject to disciplinary suspension or dismissal) and meet progress-toward-degree requirements at their new school before competing. For graduate transfer student-athletes to be eligible, they would have to earn a degree from their previous school, leave while academically eligible and be enrolled as a full-time postgraduate student while continuing to satisfy minimum academic standards.

"With these rule changes, NCAA members continue to prioritize long-term academic success for college athletes who transfer, while supporting their opportunity to compete immediately," said Lynda Tealer, deputy athletics director at Florida and chair of the council. "We hope that this practical approach to transfer eligibility requirements will encourage student-athletes to make well-informed decisions about transferring and the impacts such a move could have on their ability to graduate on time in their degree of choice, particularly as it relates to transferable credits."

Moving forward, student-athletes are expected to enter the Transfer Portal within their sport's notification-of-transfer windows, which Division I members emphasized are important for providing transparency to student-athletes and coaches for recruitment opportunities, roster management and financial aid planning. There will continue to be exceptions to the legislated transfer windows, including for the departure of a head coach or a discontinued sport. Student-athletes who plan to enroll as graduate students at their next school can enter the portal at any time during the academic year but must enter the portal prior to the conclusion of their respective sports' final transfer windows.

In addition to reviewing the council actions during its meeting next week, the Division I board will consider directing the Committee on Academics to examine criteria for academic waivers and consider the creation of a Transfer Academic Progress Rate, which would give real-time information about the academic health of a school's four-year undergraduate transfer student-athletes. 

The board also will consider charging the Committee on Academics to study the creation of a Graduation Passport, which would specifically track academic progress and will provide a measure of graduation outcomes for student-athletes who transfer. This resource would be the first metric of its kind to specifically track graduation for students who transfer. Currently, the federal graduation rate does not count transfers as graduates, and the NCAA's graduation success rate generally assumes outcomes based on the academic status at the time of a student-athlete's departure. 

Thanks for visiting !

The use of software that blocks ads hinders our ability to serve you the content you came here to enjoy.

We ask that you consider turning off your ad blocker so we can deliver you the best experience possible while you are here.

Thank you for your support!

An official website of the United States government

Here's how you know

Official websites use .gov A .gov website belongs to an official government organization in the United States.

Secure .gov websites use HTTPS. A lock ( Lock Locked padlock ) or https:// means you've safely connected to the .gov website. Share sensitive information only on official, secure websites.

NSF's New Mentoring Requirements for Graduate Students

About this event.

The  Council of Graduate Schools , with support from NSF ( Award # 2413980 ), is hosting a virtual workshop to help principal investigators respond to NSF's new graduate student mentoring plan and graduate student/postdoctoral individual development plan requirements. These requirements, described in the  Proposal & Award Policies & Procedures Guide (NSF 24-1) , will be in effect for all NSF proposals submitted on or after May 20, 2024. The workshop will include presentations and panel discussions featuring NSF leadership, graduate deans, and senior research administrators.  Additional details on speakers and registration are available at  https://cgsnet.org/webinar/workshop-nsfs-new-mentoring-requirements-for-graduate-students

Related programs

Organization.