Frequently Asked Questions for EB1-B (Outstanding professors and researchers)

What is EB-1B (Outstanding Researcher/Professor)?

EB1-B is one of the categories of first-preference, employment-based immigration, which benefits foreign nationals who are outstanding professors and researchers. A foreign national under this classification will not need a labor certification. In addition, all visas are current, so the foreign national does not need to wait for the priority date to become current before he or she can obtain a Green Card after the case is approved. However, a permanent job offer is required under this category. Answer provided by North America Immigration Law Group.

What are the minimum requirements for an EB-1B?

The foreign national must show that he or she has international recognition for being outstanding in a specific academic field. The petitioner must meet at least 2 of 6 criteria set by the regulations. Please refer to EB1-B (Outstanding Researcher/Professor) for more details. In addition, the foreign national must have at least three years of relevant research or teaching experience. Answer provided by North America Immigration Law Group.

Is a job offer required for EB-1B?

Yes. The EB-1B requires a permanent job offer, which means that you cannot petition for yourself. Your employer must be the petitioner. Answer provided by North America Immigration Law Group.

What is the difference between EB-1A and EB-1B (Outstanding Researcher/Professor)?

EB-1A does not require a specific job offer and the foreign national can self-petition. EB-1B requires a job offer and the employer must be the petitioner. EB-1A requires the petitioner to meet 3 of 10 criteria. EB-1B requires the petitioner to meet 2 of 6 criteria. Answer provided by North America Immigration Law Group.

What is the difference between EB-1B and NIW (National Interest Waiver)?

NIW does not require a specific job offer and the foreign national can self-petition. But for EB-1B, the petitioner needs a permanent job offer and the employer needs to be the petitioner. Also, EB-1B requires the petitioner to meet 2 of 6 criteria for outstanding researcher/professor. Answer provided by North America Immigration Law Group.

Can I file EB-1B and NIW at the same time?

Yes. You can file EB-1B and NIW at the same time. Many of our clients choose to do so. In fact, filing both petitions increases your chance of approval. Answer provided by North America Immigration Law Group.

I am a Ph.D. student. Can I apply for EB-1B?

Normally no. Ph.D. students usually do not have the required 3-year experience. But if the Ph.D. student has 3-year experience and a permanent job offer, he or she may apply for EB-1B. Answer provided by North America Immigration Law Group.

I am a Postdoc researcher. Can I apply for EB-1B?

Postdoc researcher positions are usually not considered permanent jobs. However, if the employer can prove that the job is permanent, it can be the basis for an EB-1B petition. Answer provided by North America Immigration Law Group.

Can I use Premium Processing for EB-1B?

Yes. Premium Processing is available for EB-1B petitions. If you request Premium Processing, USCIS will adjudicate your case within 15 calendar days. Answer provided by North America Immigration Law Group.

Does my family get green cards too?

Yes. Your spouse and unmarried children under 21 years of age can also apply for green cards as your dependents. Answer provided by North America Immigration Law Group.

I am a J-1 holder subjected to the two-year foreign country residency requirement. May I apply under EB1-B now, and get my J-1 waiver later?

Yes, you can apply for the EB1-B now, and get your J-1 waiver later. Even with a I-140 approval, you are still subject to the two-year foreign country residency requirement, and need to get the J-1 waiver before you can adjust your status to permanent resident.

You do not have to have a J-1 waiver before submitting an I-140 petition. The two-year foreign residency requirement does not allow you to adjust the status from J-1 to permanent residency, but it does not prevent you from submitting I-140 petition. Also, you may prepare for I-140 and J-1 waiver concurrently. If you receive an I-140 approval before a J-1 waiver, you need to wait for the J-1 waiver to submit the I-485 application for adjustment of status.

What is the filing fee of I-140?

The I-140 filing fee is currently $715.

There is also an asylum program fee; the full amount of the fee is $600. If the petitioning employer is a small entity that employs 25 or fewer full-time employees, the asylum program fee is reduced to $300. If the petitioning employer is nonprofit, the asylum program fee is reduced to $0.