Our website is currently being remodeled. Thank you for visiting us while we continue to improve!

EB-1B OUTSTANDING PROFESSORS AND RESEARCHERS

The EB-1B Outstanding Professors and Researchers classification allows those internationally recognized as outstanding scholars in their fields to immigrate to the United States. The applicant must pursue tenure at a university, higher education institution, or private employer in the United States.

A perfect example of an EB-1B applicant would be a scientist who has invented a vaccine in France looking to work as a professor at a university in the United States.

7

LEGAL FEE

Our fee structure is unique to us as we strive to tailor our services for each client individually. We adapt price standards that are capable of fluctuating for each client depending on their unique needs. Clients may retain us for one or all of the above steps/services.

We are happy to customize a proposal for your during a consultation and walk you through what a standard EB-1B case looks like.  Please see below for more information. 

7

CASE PROCESSING OVERVIEW

Step 1: Strategy Session for EB-1B

This is the most crucial step for your entire EB-1B. We will review all of the supporting documents to create a strategy, a customized checklist, and a timeline to serve as the guiding foundation for the entire case preparation.

Step 2: Prepare and Submit EB-1B to USCIS

Our attorneys will craft your EB-1B arguments and complete all forms, organize supporting documents, and assemble the crafted arguments into the proper application formats. After a thorough review, we will then submit the application to USCIS.

Step 3: Respond to Request for Evidence (RFE) or Notice of Intent to Deny (NOID)

In the event, USCIS issues a Request for Evidence (RFE) or Notice of Intent to Deny (NOID), our attorneys will craft a response in a timely manner to fight for the approval of your EB-1B application.

Step 4: Prepare Client for Interview at the Consulate

It all comes down to this. We help guide the client in his/her preparation for the interview with a U.S. consulate by simulating the interview and ensuring the client is well-versed in the application material. Our services include a comprehensive strategy for answering inquiries posed, practice questions, thorough feedback, and other tools to help clients succeed during the interview.

Step 5: Respond to Consulate Requests / Administrative Processing / Status Checks / Fraud Alerts; or USCIS Adjustment of Status Request for Evidence

After the interview, we will help formulate possible responses from a U.S. consulate, from additional document requests to revised applications, to fraud alerts.  It is about keeping close tabs with the consulate processing. 

Step 6: Arrival is Only The Beginning

Our services do not end when you receive your EB-1B Application Approval, and that this step is just the beginning. To help accommodate this reality, we provide guidance over:

  • CBP – Airport Arrival
  • Dependent Visas/Work Permits
  • Reentry Permits
  • and more!
    7

    ADDITIONAL RESOURCES

    Checklist of Required Evidence

    A substantial amount of evidence must be included in EB-1B 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:

    1. documentation of the alien beneficiary’s receipt of major prizes or awards for outstanding achievement in the academic field;
    2. documentation of the alien beneficiary’s membership in associations in the academic field, which require outstanding achievements of their members;
    3. 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;
    4. 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;
    5. evidence of the alien beneficiary’s original scientific or scholarly research contributions to the academic field; or
    6. 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.

    Filing Fee

    The updated filing fee for EB-1B can be found here. . 

    Who can apply for EB-1B?

    1. Internationally Recognized as Outstanding
    2. 3+ Years of Teaching and/or Researching
    3. Permanent Job Offer for Research/Teaching at a University-Equivalent Institution

    (1) To establish that the applicant is internationally recognized as outstanding, they must satisfy at least two of the following:

    1. Receive major prizes or awards
    2. Memberships that require outstanding achievements
    3. Published material about the applicant in professional journals written by others 
    4. Judged the work of others in field
    5. Original scientific or scholarly contributions
    6. Author of articles in professional journals or books that circulate in international media

    (2) 3 years of experience may include experience during the pursuit of a completed advanced degree.

    • For research, the researched field must be “outstanding”
    • For teaching, the applicant must have been completely responsible for the class and the subject is considered an “outstanding” field

    (3) If the permanent job offer comes from a private employer, the employer in question must also have 3 other full-time researchers.  Documentation supporting their accomplishments within the field must also be submitted.

      Relevant Law

      Title 8 of Code of Federal Regulations

      Section 204.5 Petitions for Employment-Based Immigrants

      Federal Register: 56 Fed. Reg. 60893 (Nov. 29, 1991).

      Precedential EB-1B Case Approvals from Administrative Appeals Office

      Silverman v. Eastrich Multiple Investor Fund, 1995

      The plain language of this regulatory criterion requires not only evidence of original research, but original “research contributions to the academic field.” The phrase “contributions to the academic field” is not superfluous and, thus, it has some meaning.

      APWU v. Potter, 2003

      Kazarian v. USCIS, 2010

      The Kazarian decision sets forth a two-part approach where the evidence is first counted and then considered in the context of a final merits determination.

        7

        SAMPLE & TEMPLATES

        $

        Attorney Brief:  [coming soon] We will provide an attorney brief sample for the I-140 petition.

        $

        Cover Letter: [coming soon] We will also provide a cover letter sample for the I-140 petition.

        $

        Sample Request for Evidence: [coming soon] Requests for evidence can be used to strengthen the case.

        $

        Forms: Here is a list of the forms that are needed by USCIS

        $

        Sample Checklist: [coming soon] We look at the client’s unique situation and create customized checklists to strengthen their cases.

        $

        USCIS Fee Calculator: This is to help calculate how much the filing fee will be.

        $

        USCIS Mailing Address: This address is where it is mailed to USCIS.

        $

        USCIS Processing Timetable: This will help you figure out how long it will take to process.

        $

        ASC Field Offices: Listed are the addresses of the field offices for the bio-metrics.

        7

        FREQUENTLY ASKED QUESTIONS

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

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

        Is a job offer required for EB-1B?

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

        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.

          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:

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

            If an EB-1B petition gets rejected, how long do I have to wait to file under EB-1B or other categories again?

            The law does not restrict the time you can file your EB-1B petition after the rejection of your previous filing. A previously rejected petition does not bar you from submitting another petition subsequently, regardless of 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.

              7

              SCHEDULE A SESSION

              Call or email us to set up your 1-hour consultation. Easily pay the $250 consultation fee over the phone or through our email link. If you would like to have a quick chat with our team before setting up the consultation, feel free to use the calendar on the right to book your 10 minute call.

              7