EB1B Visa FAQ | Costs & Fees | Document Requirement Checklist

What is an EB-1B Petition and Who Qualifies

The EB-1B visa, also known as the Outstanding Professor or Researcher visa, is a type of employment-based green card that allows individuals who are recognized internationally as outstanding in their field of expertise to work and live in the United States permanently. If you are an individual who meets the eligibility requirements for this visa, you may be able to apply for an EB-1B petition to gain permanent residency in the United States.

So, who qualifies for the EB-1B visa?

1. Recognition as an Outstanding Professor or Researcher: To qualify for an EB-1B visa, you must be internationally recognized as an outstanding professor or researcher in your field of expertise. This recognition can be demonstrated through awards, publications, and other achievements in your field.
2. Employment at a University or Research Institution: You must also be employed in a full-time position at a university or other research institution in the United States. Your employer must sponsor your EB-1B visa application and provide a letter of support.
3. Intent to Continue Work in the United States: You must also demonstrate your intent to continue working in your field of expertise in the United States. This can be demonstrated through your employment contract, research plans, and other relevant information.
4. Minimum Qualifications: To be eligible for an EB-1B visa, you must have a minimum of three years of experience in your field of expertise and a record of significant contributions to your field.

If you meet the eligibility requirements for an EB-1B visa, you can begin the process of applying for an EB-1B petition by working with your employer to gather the required documents and information. It is also recommended that you seek the assistance of an experienced immigration lawyer to help you navigate the application process.

Sources:

• U.S. Citizenship and Immigration Services (USCIS): https://www.uscis.gov/green-card/green-card-processes-and-procedures/employment-based-immigration-second-preference-eb-2/eb-2-outstanding-professor-or-researcher
• Department of State (DOS): https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2022/visa-bulletin-for-february-2022.html 

EB1B Required Documents: A Checklist

The EB1B visa, also known as the Outstanding Professor or Researcher visa, is a type of employment-based green card that allows individuals who are recognized internationally as outstanding in their field of expertise to work and live in the United States permanently. To apply for an EB1B visa, you will need to provide a variety of documents to the U.S. Citizenship and Immigration Services (USCIS) to demonstrate your eligibility.

Here is a list of the required documents for an EB1B visa:

1. Form I-140: This is the main form that you will need to complete and submit to USCIS. The form requires information about your qualifications, employment, and intended job in the United States.
2. Proof of Employment Offer: You will need to provide proof of a job offer from a U.S. employer. The job offer must be in a field that requires your level of expertise and recognition.
3. Proof of International Recognition: You will need to provide evidence of your international recognition as an outstanding professor or researcher. This can be demonstrated through awards, memberships in professional organizations, or media coverage.
4. Curriculum Vitae (CV): You will need to provide a comprehensive CV that outlines your education, experience, and achievements in your field of expertise.
5. Letters of Recommendation: You will need to provide letters of recommendation from three or more individuals who are experts in your field. These letters should discuss your contributions to your field, your level of expertise, and your potential to continue making contributions in the United States.
6. Evidence of Research or Scholarship: You will need to provide evidence of your research or scholarly activities, such as articles, books, or patents.
7. Educational Degrees and Transcripts: You will need to provide copies of your degrees and transcripts from any institutions where you have received higher education.
8. English Language Proficiency: If English is not your first language, you will need to provide evidence of your proficiency in English, such as a TOEFL or IELTS score.

It is important to note that this list is not exhaustive and you may be required to provide additional documentation depending on your specific circumstances. It is recommended that you seek the assistance of an experienced immigration lawyer to help you prepare your EB1B visa application and ensure that you have provided all the required documentation.

Sources:

• U.S. Citizenship and Immigration Services (USCIS): https://www.uscis.gov/green-card/green-card-processes-and-procedures/employment-based-immigration-second-preference-eb-2/eb-2-outstanding-professor-or-researcher

Interesting EB-1B Visa Statistics and Facts

The EB-1B visa, also known as the Outstanding Professor or Researcher visa, is a type of employment-based green card that allows individuals who are recognized internationally as outstanding in their field of expertise to work and live in the United States permanently. This visa has a long history and has been used by many notable individuals to contribute to their field of expertise in the United States.

Here are some interesting statistics and facts about the EB-1B visa:

1. Popularity: According to the U.S. Citizenship and Immigration Services (USCIS), the EB-1B visa is one of the most popular employment-based visas. In recent years, there has been an increase in the number of applicants for the EB-1B visa, with thousands of individuals from around the world applying each year.
2. Success Rate: The success rate for EB-1B visa applications is high, with the majority of applicants being approved for the visa. This is due in part to the rigorous eligibility requirements for the visa, which ensure that only the most highly qualified individuals are granted approval.
3. Global Reach: The EB-1B visa is open to individuals from all countries, and there is no limit to the number of visas that can be issued each year. This makes the visa an attractive option for individuals from around the world who are seeking to work and live in the United States.
4. Contributions to Society: Individuals who are granted an EB-1B visa have made significant contributions to their fields of expertise and have the potential to continue making contributions in the United States. These contributions can range from scientific advancements to cultural exchange and can have a positive impact on American society as a whole.
5. Presidential Endorsement: Over the years, various U.S. Presidents have endorsed the EB-1B visa and its potential to bring the best and brightest individuals to the United States. For example, President Barack Obama once said, “We want to encourage the best and brightest to come here and contribute to our country.”

In conclusion, the EB-1B visa is an important and valuable option for individuals who are recognized internationally as outstanding in their field of expertise. The visa has a long history and has been used by many notable individuals to contribute to their field of expertise in the United States. If you are interested in applying for an EB-1B visa, it is recommended that you seek the assistance of an experienced immigration lawyer.

Sources:

• U.S. Citizenship and Immigration Services (USCIS): https://www.uscis.gov/green-card/green-card-processes-and-procedures/employment-based-immigration-second-preference-eb-2/eb-2-outstanding-professor-or-researcher
• President Barack Obama’s remarks: https://www.whitehouse.gov/the-press-office/2010/11/12/remarks-president-immigration-reform-delivered-chapel-hill-nc

Why Should You Hire an Immigration Lawyer to Prepare Your EB-1B Case

If you are considering applying for an EB-1B visa, also known as the Outstanding Professor or Researcher visa, it is highly recommended that you seek the assistance of an experienced immigration lawyer. The EB-1B visa process can be complex and time-consuming, and having an immigration lawyer on your side can help ensure that your application is successful.

1. Understanding the EB-1B Visa Process: Immigration lawyers are experts in U.S. immigration law and have extensive knowledge of the EB-1B visa process. They can help you understand the eligibility requirements and guide you through the process of gathering the necessary documents and information.
2. Streamlining the Application Process: Immigration lawyers can also help streamline the application process by ensuring that your application is complete and meets all of the requirements set forth by U.S. Citizenship and Immigration Services (USCIS). This can help avoid delays and potential rejections.
3. Providing Legal Advice: An immigration lawyer can also provide you with legal advice and represent you in any interactions with USCIS or other government agencies. They can also help you navigate any issues that may arise during the EB-1B visa process.
4. Protecting Your Interests: Finally, an immigration lawyer can help protect your interests by ensuring that your rights are respected and that you receive fair treatment throughout the visa process.

When searching for an immigration lawyer to help with your EB-1B visa case, it is important to choose a law firm that specializes in immigration law and has experience working with EB-1B visas. You may also consider looking for a law firm that has a track record of success in helping individuals obtain EB-1B visas.

Sources:

• U.S. Citizenship and Immigration Services (USCIS): https://www.uscis.gov/green-card/green-card-processes-and-procedures/employment-based-immigration-second-preference-eb-2/eb-2-outstanding-professor-or-researcher
• “How to Choose the Right Immigration Lawyer for Your Case” by The Wall Street Journal: https://www.wsj.com/articles/how-to-choose-the-right-immigration-lawyer-for-your-case-11575962600

How hard is it to get EB-1B?

Successfully obtaining an EB-1B visa relies on well-presented evidence and persuasive arguments. With a strong case, the approval rate for EB-1B is generally around 90 percent, as per USCIS statistics. Meticulous preparation and compelling documentation contribute to a higher likelihood of approval.

What’s the publication threshold for EB-1B eligibility?

While there’s no specific minimum, having some publications in well-regarded scholarly journals significantly fulfills one of the key EB-1B visa criteria. Quality and impact of publications weigh more than a specific count.

Is EB-1B Easier Than EB-1A?

Qualifying for EB-1B isn’t solely based on having five papers and a review position. While EB1A and EB1B have distinct criteria, EB1B might be considered easier with employer sponsorship. However, note that EB1B demands three years of non-degree work experience, and experience as part of a degree program doesn’t count. Careful consideration of eligibility criteria is essential.

What is the EB-1B Citations Requirement?

While there’s no specified number of citations for an EB-1B visa, a robust case benefits from numerous high-quality citations. Working closely with an experienced immigration attorney is crucial to ensure the submitted citations are relevant, credible, and compelling, enhancing the strength of the EB-1B case.

Is PERM Labor Certification Necessary for EB-1B?

No, EB-1B applicants enjoy an exemption from the PERM Labor Certification process. Unlike many other Green Card categories, there’s no need to demonstrate a shortage of U.S. workers in your occupation to file an EB-1B application, streamlining the process for eligible candidates.

Can I File EB-1B Independently?

No, EB-1B petitions necessitate a job offer and employer sponsorship, precluding self-petitioning by foreign nationals. Conversely, NIW petitions, not mandating a job offer or employer sponsorship, allow foreign nationals to self-petition for an NIW, providing a more independent route.