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EB-1B Outstanding Professors/Researchers category is employment-based first preference immigration. This category applies to aliens who are internationally recognized for being outstanding in a particular academic field. These professors and researchers should have (1) at least three years of relevant research or teaching experience, (2) a job offer for a permanent research position or a tenured or tenure-track teaching position, and (3) intend to teach or carry out research in the particular field in the U.S.

        In order to qualify for this category, the petitioner should submit evidence establishing that the professor or researcher is recognized as outstanding in the academic field.  Such evidence should include documentation of at least two of the followings:

  1. Documentation of the alien's receipt of major prizes or awards for outstanding achievement in the academic field;

  2. Documentation of the alien's membership in associations that require their members to demonstrate outstanding achievements;

  3. Published material in professional publications written by others about the alien's work in the academic field;

  4. Evidence of the alien's participation, either on a panel or individually, as a judge of the work of others in the same or allied academic field;

  5. Evidence of the alien's original scientific or scholarly research contributions in the academic field;

  6. Evidence of the alien's authorship of scholarly books or articles (in scholarly journals with international circulation) in the academic field.

        As one of the basic requirements, the alien must receive a permanent job offer from the sponsored employer. According to current regulations, "permanent" is defined as "either tenured, tenure-track, or for an indefinite or unlimited duration, and in which the employee will ordinarily have an expectation of continued employment unless there is good cause for termination." For individuals who are holding research positions that are based on grant money received yearly, USCIS has ruled that if the employer petitioning for the alien shows the intention to continue to get funding and gives a reasonable expectation that funding will continue, then the employment may be considered "permanent".

        Generally, the job offer is given by a university or other similar academic or scientific institution, but it can also be offered by a private employer. If the offer is from a private company, the employer must have at least three full-time researchers along with accompanying documentation supporting their accomplishments within the field.

 Research or teaching experience obtained while in pursuit of an advanced degree, such as a Ph.D., may be counted toward the three year requirement, but only if the alien has acquired the degree, and if the teaching duties were such that he/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. The alien must document his/her work history with letters from current and/or former employers describing work duties and years of employment.

 

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