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Knowledgeable EB-1B Visa Attorney in San Jose Guiding You Through Your Business Immigration Issues

Foreign nationals who are recognized worldwide as outstanding in a scientific or academic field may be eligible for the EB-1B immigrant visa (Green Card for Outstanding Professor or Researcher). The criteria for obtaining this visa include:

  • International recognition for outstanding achievements in a particular academic field
  • A minimum of 3 years of experience teaching or conducting research in a specific academic area
  • A job offer for tenured or tenure-track teaching or a comparable research position at a university or other institution of higher learning

At Yew Immigration Law Group, our experienced EB-1B visa lawyers can assist you in gathering the necessary documentation and completing your application, giving you the best chances of success.

Who Is Eligible For An EB-1B Visa?

Unlike the EB-1A visa (Persons of Extraordinary Ability), for which applicants may self-petition, the EB-1B visa requires a job offer. The petition is submitted by the employer, which is typically a university or research institution. This means your employer should be able to demonstrate that you have the outstanding ability as either a professor or researcher by presenting at least two of the following proofs of evidence:

  • Receipt of major prizes or awards for outstanding achievement
  • Membership in associations that require members to demonstrate outstanding achievement
  • Published material in professional publications written by others about your work in your chosen academic field
  • Participation as a judge of the work of others in the same or allied academic field
  • Original scientific or scholarly research contributions in your chosen academic field
  • Authorship of scholarly books or articles (in scholarly journals with international circulation) in the field

How Does an EB-1B Visa Differ From an EB-1A Visa?

The main difference between the EB-1B and the EB-1A Visa is that the EB-1B requires that an employer applies on your behalf and that you are coming to the United States to work only as a tenured or tenure track professor or in a comparable research position at a university or other institution of higher learning.EB-1A visas do not require any particular type of employment or even a job offer in the U.S., and applicants can apply on their own or “self-petition.” Also, the requirements for the EB-1B are slightly less stringent than those for the EB-1A.To obtain an EB-1B visa, you are only required to present evidence of 2 of 6 “outstanding” achievements, while for the EB-1A, you must have achieved and documented 3 of 10 achievements showing “extraordinary ability.” Thus, approval rates for E-1B visas are significantly higher than approval rates for EB-1A visas.

Despite these differences, there are similarities between the EB-1B and the EB-1A visa, as well. Both visas require less time waiting for a decision than other types of visas, do not require proof that a shortage of workers who are already in the U.S. exists (the PERM process), allow for spouses and children to join you in the U.S. with their own green cards, and offer a premium processing option that can cut your processing time to as little as 15 days.

How Does the United States Citizenship and Immigration Service Define Outstanding Achievement?

Evidence that the USCIS will accept as proof that your achievements in your field are outstanding is the documentation of at least 2 of the following 6 achievements:

  • Awards: major prizes or awards for outstanding achievement.
  • Memberships: Membership in associations that require outstanding achievements for membership
  • Published Articles About Your Work: Published material in professional publications written by others about your work (more than merely citations to your work).
  • Peer Review: Judging or evaluating (individually or as a part of a panel) others’ work in the field.
  • Original Contributions: Original artistic, scholarly, or scientific contributions in the field.
  • Published Scholarly Articles You Have Written: authorship of scholarly books/articles in journals with an international circulation.

If your employer is applying for a green card (on your behalf), they should be aware that the process is selective, rigorous, and complex. It doesn’t simply end with the submission of two or more of the above-listed proofs of your achievements. The USCIS, pursuant to a 9th Circuit Court of Appeal case, Kazarian v. USCIS, 596 F.3d 1115 (9th Cir. 2010), will apply a two-step approach in handling your petition. The first step is “counting” the evidence to see if it meets two or more of the necessary criteria; the next step is considering the evidence as a whole in the context of a “final merits determination.” An EB-1B visa attorney in San Jose can help present the best evidence and build the most convincing case or argument for you. Contact our law offices today online or by telephone at (408) 645-6395 to arrange your initial case evaluation.

What Does it Cost to Obtain an EB-1B Visa?

There are government filing fees for applying for an EB-1B visa, as well as attorney’s fees. While it is impossible to estimate what an attorney might charge without knowing all of the specifics of your particular case, the government filing fees are standard:

  • I-140 Filing Fee: $700
  • I-485 Filing Fee for Principal Applicant: $1,225
  • I-485 Filing Fee for Dependent Spouse and/or Child over age 14: $1,225 each
  • I-485 Filing Fee for Dependent Child under age 14: $750 each
  • I-140 Premium Processing Fee (if requested): $2,500

Contact Yew Immigration Law Group for an initial consultation, and we may be able to give you an estimate of the total cost to you of applying for an EB-1B green card.

Can My Spouse and Children Join Me if My Eb-1B Visa is Approved?

Your spouse and unmarried children under the age of 21 may be eligible to apply for admission to the United States in E-14 or E-15 immigrant status f your I-140 petition is approved. They will be able to work and attend school in the United States once they receive their green cards.

Why is Yew Immigration Law Group the Right Choice?

At Yew Immigration Law Group, a P.C., we have provided immigration law services to clients throughout California and across the world for many years. Immigration law is all we do. Attorney Alison Yew attends to all changes to this constantly evolving area of law so that we can provide exceptional legal representation to our valued clients.

The people we serve include those wishing to immigrate to the United States and U.S. citizens and green card holders acting on behalf of family members who wish to immigrate. We also represent businesses that hire foreign workers and need help maintaining compliance with U.S. immigration laws.

We never forget that behind every immigration law issue lies a person with a family, a job, a dream, and a life. Every case is important to us because we know that at its heart, immigration law is about people.

Call Yew Immigration Law Group’s San Jose office today at (408) 645-6395 to begin the process of applying for an Eb-1B visa.