Who’s eligible for an EB-1B visa?

The EB-1B immigrant visa (Green Card for Outstanding Professor or Researcher) is a category of visa specifically for foreign nationals who are recognized internationally as outstanding in a scientific or academic field. If you believe you are eligible for a green card in this category, see if you meet the following criteria:

  • International recognition for outstanding achievements in a particular academic field
  • 3 years experience in teaching or research in chosen academic area
  • Entry to the U.S. to pursue tenure or tenure track teaching, or a comparable research position at a university of other institution of higher learning

How does one apply for an EB-1B visa?

Unlike the EB-1A visa (Persons of Extraordinary Ability), where you may self-petition, the EB-1B visa requires a job offer. The petition is submitted by the employer, which is typically a university of research institution. This means your employer should be able to demonstrate that you have 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

Why is a San Jose immigration attorney needed for the process?

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 for a “final merits determination.” An EB-1 visa attorney in San Jose can help present the best evidence and build the most convincing case or argument for you. Contact the Law Office of Alison Yew today for a case evaluation or more information.