The EB-1B immigrant visa is an employment based immigration visa that applies to individuals who are recognized as having had impactful contributions to the scientific or scholarly community. Unlike applicants for the EB-1A visa, EB-1B visa applicants must have an employer sponsor their petition process. The employer is the petitioner on the applicant’s behalf, and the prospective employee applicant is considered the beneficiary. An employer must demonstrate the applicant’s outstanding achievements and that the employee beneficiary has accepted an offer of employment from the petitioning employer.
EB-1B Visa Requirements
An individual must satisfy three requirements before an employer can petition on their behalf. The individual must demonstrate:
- International recognition in their chosen field
- Three years experience as an instructor or researcher
- Possess an offer for permanent position employment in their chosen field
The individual must provide supporting documentation that proves that he/she is regarded as an “outstanding professor or researcher”.
This requirement can be met in several different ways. Time spent teaching or conducting research while in an advanced degree program may be included in the three year experience criterion, as long as the individual earned the degree and has participated in the scholarly field as a teacher or highly esteemed researcher. In addition to being well-known, the individual still must provide documentation from his/her university, institution or employer to prove that the requirement is satisfied.
The term permanent position 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.” Though the job requirements call for advanced educational achievement, the job offer does not have to come from a university, it may be offered from a private employer. The private employer must provide documentation that at least three full time researchers are employed and their demonstrations of outstanding work in their respective fields.
EB-1B Visa Supporting Documentation
The supporting documentation for an EB-1B visa application must be prepared to demonstrate that both the potential employee beneficiary has made widespread international contributions to his/her selective field. The petitioning employer must provide examples of the following forms of evidence:
- Peer reviewed articles published in scholarly journals
- Documented participation as an editor for peer reviewed scholarly journals
- Peer reviewed presentations at academic symposia
- Scholarly testimony that describes the individual’s work as authoritative in their field of research
Recommendation Letter Requirements
A helpful piece of evidence for the EB-1B visa application is a letter of recommendation coming from colleagues or other experts that work within the same field as the applicant or the petitioning employer. Recommendation letters must include 2 pieces of the following information:
- The letter author’s professional credentials
- Background information on the alien and their contributions to their field
- Commentary on the importance of the alien’s contributions along with their professional memberships or awards given that are related to the field in which the visa recognizes
If two of these requirements are met along with: the minimum three years of research/teaching experience, an offer for a tenure/tenure-track teaching position or permanent research position, sponsorship from a current or prospective employer, an individual is well qualified to begin the process of applying for an employment-based petition for permanent residency in the U.S. The best choice of obtaining permanent residency visa for individuals with these credentials is to file a petition under the EB-1B category as an “Outstanding Researcher or Professor”.
Assistance Filing an EB-1B Petition
The EB-1B visa application is a process that requires extensive knowledge of federal immigration law and its nuances. The best way for an alien who hopes to obtain permanent residency and be employed in the U.S. is to consult with an immigration attorney with experience in managing cases involving employment based visas. Contact Johnson & Masumi P.C. to learn more about eligibility for the EB-1B visa and to acquire assistance with petitioning and application process.