Frequent Asked Questions and Answers About EB1
Outstanding Researcher and Outstanding Professor Immigration Petition

Q. What is the Immigration Category of Employment-Based First Preference Immigration (EB1)?

A: This category is for "priority workers." This category includes:

Q. What is the EB1 Outstanding Researcher or Professor immigration classification? and what are the document requirements for applications in this classification? and who can file a petition for an outstanding researcher or professor?

A: The EB1 Outstanding Researcher or Professor classification (EB1-OR, or EB1B) is the Employment-Based First Preference Immigration. This petition consists of Form I-140 and supporting documents to show that the alien beneficiary meets EB1 Outstanding Researcher or Professor criteria. If filing an EB1-OR petition, you should also include documentation demonstrating your Outstanding Ability, you should also include a letter demonstrating a permanent job offer as well as evidence of 3 years teaching or research experience. 

Any United States employer desiring and intending to employ a professor or researcher who is outstanding in an academic field may file a Form I-140 petition in such classification. Employer should file it for the alien employee.

Q. If I have a choice between filing an EB1 Alien of Extraordinary Ability and filing an EB1 Outstanding Researcher or Professor petition, which petition should I choose? Also, can I change job after filing an EB1 Outstanding Researcher or Professor petition?

A: If you meet both criteria, generally it is recommended that you file for an Alien of Extraordinary Ability petition which will not bind you to any particular employer and which you may file on your own behalf, or you should file both petitions to increase your approval chance. 

However, an EB1 Outstanding Researcher or Professor petition requires a job offer from an employer. In addition, EB1 Outstanding Researcher or Professor category is definitely an employer specific immigrant classification, a change of employer while your petition is pending may terminate your petition. 

Q. What is the company’s “documented academic accomplishments”? Can I file both Alien of Extraordinary Ability and an Outstanding Researcher or Professor petitions at the same time? 

A: A company’s documented academic accomplishments include publications by its employees, patents, conference presentations, and industrial standards set by the company.

Many alien applicants file both petitions simultaneously. Often, one petition may be approved earlier than the other petition. In addition, if one petition is denied for some reason, there is still a chance that the other petition may be approved. 

Q. I am working for a private company, can I apply under this category? How many publications are sufficient to meet the Outstanding Researcher requirements?

A: If the employer is a private company rather than a university or educational institution, the private employer must employ at least three persons full time in research activities, and has achieved documented accomplishments in an academic field. There is no specific minimum publication requirement for an alien applicant, and it is determined by USCIS on a case-by-case basis. 

Q: What is a letter of recommendation? Whom should I contact to obtain letters of recommendation? 

A: A letter of recommendation (or reference letter) is a letter written by an expert in the alien's field or by some authoritative person in a field. The letter should discuss the abilities and accomplishments of the alien seeking an EB1 Outstanding Researcher or Professor. Letters of recommendation are an important part of an EB1-OR petition. 

Recommendation letters should be written by experts or scholars in an alien's field. Usually, an alien applicant should ask former professors, co-workers, employers and individuals that they have met at conferences. People who are less familiar with the alien are also recommended, as an alien who qualifies for an EB1-OR petition would be expected to have some degree of notoriety in the field. Anyone who is familiar with the alien's work and has expertise in the field may write a letter of recommendation. 

Q: How many recommendation letters should I obtain? and what information should be included in the recommendation letters? 

A: There is no specific number set forth by the USCIS. You should generally include five to seven letters of recommendation in your petition. Recommendation letters provide the primary supporting evidence for your petition, and they should include the writers' qualifications for their opinion, your achievements, awards, publishing record, society memberships, etc. 

Q: What should I do if the experts I know are too busy to write a reference letter for me?

A: Reference letters are hard to draft. Often professors and experts are busy to draft these letters themselves and are happy to review a draft and sign a letter provided to them by the alien applicant. An alien applicant may draft a letter to ensure that it includes the appropriate language and meet the EB1-OR filing requirements.

If you can provide clear evidence that you fulfill the criteria for an EB1 Outstanding Researcher or Professor, you may not need the reference letters. However, for most EB1-OR applicants, reference letters are necessary to show that alien applicants meet the USCIS requirements for approval. 

Q: What is a Permanent Job Offer? Do I have to get references letters from some third-part experts in my field?  

A: A permanent job offer is any job offer without a defined termination date. Most jobs are permanent jobs, and it is unrelated to salary or title.

The independent third-part expert reference letters play an important role in the EB1-OR application, but not required. Also, it is better that the independent third-part experts attach their resume with their reference letters. Now, the USCIS is more focused on the objective evidences, instead of subjective statements made by your acquaintance individuals. 

Q: I do not have good relationship with my current employer, do you think this will affect my application?

A: The Outstanding Researcher or Professor petition needs employer’s sponsorship, thus an employer‘s recommendation letter is important in this case, but it is not required.

Your petition can depend on other expert’s letters of recommendation and your personal qualifications, ant it does not depend on your relationship with your current employer. If other evidences can establish your personal qualifications, or other reference letters provide sufficient support for your application, then there is no need for you to worry about your relationship with current employer.

Q: Do I need a sponsorship from my current employer for the EB1-OR application? I am not a member of any professional organizations in my field, should I join the professional associations now by paying a membership fee?

A: The EB1-OR is an employer-sponsored application, it needs to be sponsored by your current employer. If you are currently employed, your employer’s sponsorship will help you file the petition, prepare the letters of recommendation, and collect other evidences.

It is not necessary to be a member of professional organizations in your field to file an EB1-OR petition. Also, evidence that would support an EB1-OR petition is membership in an association or society requiring "outstanding achievement" of its members. If the professional association is easy to join, it may not be a factor in your EB1-OR case. 

Q: How could the sample reference letters in your Complete Do-It-Yourself Package help me to prepare my recommendation letters?

A: In our Complete Do-It-Yourself Package for EB1 Outstanding Researcher or Professor petition, we offer sample reference letters in different formats and academic fields to help you to prepare your recommendation letters. These sample reference letters will help you revise your draft letters, and help you to write letters not from scratch.

Also, the time you spend to write a letter or revise a letter would be much shorter when writing a letter based on the provided information in the sample reference letters. Our experience has taught us that this is a better way to combine the petitioner's skills and our knowledge. Your reference letters prepared in this way are more appropriate, more accurate, and more convincing.

Q: I am a J-1 holder subjected to the two-year foreign country residency requirement. May I apply under EB1-OR?

A: Yes, you can apply for the EB1-OR 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 U.S. permanent resident. 

You do not have to have a J-1 waiver before submitting an Form 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.  

Q: I have received a permanent job offer from my employer, is my employer required to employ me permanently? What should a permanent researcher offer letter contain? 

A: No, your employer is not required to employ you permanently. Most jobs involve an employment "at will" relationship. You or your employer may terminate the employment relationship at any time for any/no reason at all. 

The job offer letter should contain the following: your job title, job duties, your salary, state that the job has no fixed expiration term; and signed by your employer.

Q: I just received my PhD less than 3 years ago. May I still file an Outstanding Researcher or Professor petition? If my petition for EB1-OR is unsuccessful, can I apply again in the future?  

A: The Outstanding Researcher or Professor category requires at least 3 years experience in either research or teaching, including experience acquired while pursuing an advanced degree - for teaching, provided you had full responsibility over the courses being taught, or for research - provided the research is regarded by your professional peers as "outstanding". Many alien applicants successfully obtained their Green Cards by filing the EB1 Outstanding Researcher or Professor petitions, where the aliens did not have three years post PhD experience. 

A previously rejected EB1-OR petition does not bar you from submitting another petition subsequently, regardless which classification is concerned. However, unless your circumstance has improved, it is not advisable to simply submit a similar petition again.

Q: If I have a Labor Certification pending, may I also apply for an EB1 Outstanding Researcher or Professor? 

A: Yes, assuming you would otherwise qualify for an EB1 Outstanding Researcher or Professor. A Labor Certification process is done by the U.S. Department of Labor whereas the USCIS handles EB1 Outstanding Researcher or Professor petitions. If your Labor Certification is ultimately denied, then you still have a chance of getting an EB-1 approved.

The standards for an EB1-OR petition and a Labor Certification are very different. A Labor Certification is based on a lack of available U.S. workers with minimum qualifications for the particular job. By contrast, an EB1-OR is based on proving that the alien's accomplishments have been "Outstanding" which places the alien in the priority worker classification, bypassing the need for a Labor Certification. 

Q: What about the issue of prevailing wage? If my EB1-OR is approved, do I need to remain working in the same field as indicated in my petition? 

A: Since the Department of Labor is not involved, the "prevailing wage" is not an issue. Obviously, if the salary offered is high, then the overall package will look better. Also, if the salary offered is low, the alien applicant will have to explain why he or she is earning substantially less than his or her peers. If the answer is that the alien is engaged in research at an institution where similarly employed researchers are paid similar salaries, then this should not be a problem.

If your EB1-OR is approved, you still need to continue working in the field specified in the filed application. If you venture into another different area, the USCIS may deny your Adjustment of Status (Form I-485) application, or even revoke permanent residency after an Adjustment of Status (I-485) is granted.

Q. What kind of work is considered to be research? My job title is project manager. Am I able to file an immigration petition under the category of outstanding researcher?

A: If you are teaching or doing research in an academic institution, there is no doubt that you can file a petition under this category. If you work for a private company, doing research in R&D department, and if your company has more than 3 full time research personnel and your company has documented accomplishment in research, you can still file a petition under this category. 

However, there is no distinctive guidelines for what is research and what is not research. A high-level company personnel will be more or less involved in some type of research. If your employer can claim that you are employed in a permanent research position, then you will be able to file under this category.

Q: May I still file for an Outstanding Researcher or Professor petition, even if I only plan on staying at my current employment for only a few more months? and do I need to submit the original copy of a document?

A: If you plan to change employer soon, it is better for you to file either an EB1 Alien of Extraordinary Ability (EB1-EA) or National Interest Waiver (NIW) petition. Generally, you may submit a copy of a document to USCIS. But you should be prepared to present the original copy of the document to an USCIS official at any time.

Q: What is the difference between an NIW and an EB1 Outstanding Researcher or Professor petition? 

A: While there are many similarities between an alien who qualifies for an NIW petition and an EB1 Outstanding Researcher or Professor petition, the qualifications for each petition is actually different. In an NIW petition, the alien seeks to show that he/she is a highly qualified individual in his field, with Advanced Degree and Exceptional Ability, and also claims to have the capacity to contribute to U.S. National Interest to a greater degree than other highly qualified individuals in the field, thus warranting the waiver of the standard job offer and Labor Certification requirement. 

By contrast, a person who qualifies in an EB1 Outstanding Researcher or Professor petition must show that he or she is an outstanding individual in an academic field. According to U.S. immigration law, an outstanding individual is not required to get a Labor Certification to achieve employment based permanent residency. 

Q: I am considering applying under an EB1-OR classification, but I may also apply for a NIW. Between a NIW and an EB1-OR, which petition is recommended? 

A: You are not bound by only one Form I-140 immigrant petition. You may petition under more than one category simultaneously. This increases your chance of getting an approval, since it is impossible to predict whether the USCIS will approve any given case. If you apply EB1-OR and NIW at the same time, there is no negative effect between the two petitions. 

You should always keep in mind that filing both a NIW and an EB1 petition concurrently is an option. However, each petition is different. If your case is clearly strong, your chances for success are higher by applying for EB1. However, if your case is not as distinguished as successful EB1 case, a NIW petition would be the most sensible approach.

Q: Can recommendation letters included in an NIW petition be used for an EB1-OR petition? and If I have filed an EB1-OR, when is my priority date? 

A: The recommendation letters included in an NIW petition should not be used for an EB1-OR petition. NIW recommendation letters will not be effective for an EB1-OR petition since an EB1-OR and NIW have different criteria.

Your priority date is the date that the USCIS receives your EB1-OR petition. Nevertheless, the priority date is irrelevant as the EB1 category is of high priority to the USCIS, and the immigrant visa numbers are always available for most cases . 

Q: What if I lose my job while my Outstanding Researcher or Professor petition is pending? How long does it take for the USCIS to processing the I-140 application?

A: If your lose job while your Outstanding Researcher or Professor petition is pending, your Form I-140 petition may be approved but your Adjustment of Status (Form I-485 application) may not be approved. As long as you maintain your job for 180 days after filing Form I-485 application, your status should be safe.

It usually takes three to six months for USCIS to process your I-140 petition. The result may be petition approval, petition denial, or Request For Evidence (RFE). If you are required by an RFE to provide more information, it may take another two to four months after you submitted the required information.

Q: What is a "Request For Evidence" (RFE)? 

A: Sometimes the USCIS is not convinced that the alien petitioning under an EB1 category has met the burden to prove that an applicant qualifies for the EB1 category. In such cases, they will typically submit a "Request for Additional Evidence" or "Request for Evidence (RFE)" seeking certain forms of evidence that the USCIS finds lacking. An alien applicant should take great care to present a strong case, so that it may be approved without a request for additional evidence. Nevertheless, there is no way to predict how a USCIS officer reviewing a particular case will respond, and sometimes even the strongest of cases receive a "Request for Evidence".

It is critical to appropriately and proficiently reply the USCIS issued Request for Evidence, incorrect response of the RFE will directly result in your EB1 Outstanding Researcher or Professor petition rejection. To help you replying the Request for Evidence, and eventually turn the RFE into your Green Card, we provide a "Complete Do-It-Yourself Package for RFE of EB1 Outstanding Researcher or Professor (http://www.greencardapply.com/rfe.htm)".

Q: If my EB1-OR petition is approved, when may I file a petition for Form I-485 Adjustment of Status? 

A: You may file an Form I-485 Adjustment of Status petition as soon as possible after your EB1-OR petition is approved, or your can file your Form I-485 concurrently with your Form I-140. This applies regardless of the country of origin. The EB1 preference category requires such high qualification requirements that a few people qualify, and there are available immigrant visas for most cases. It is unlikely that this will change in the near future

Q. How to apply for adjustment of status after Form I-140 approval?

A: Application Form I-485, application for adjustment of status, is the document you are required to file after your application for immigration based on employment is approved. This form, when filed, must be accompanied by items such as photos, letter of employment, affidavit of support, physical examination record, etc. To help your Form I-485 application, we provide a "Complete Do-It-Yourself Package for Form I-485 Application".

With the change of immigration regulation, rules on adjustment of status become much more restricted. You must provide visa records to establish your and family members' continuous lawful status since you entered the U.S. This can be a serious problem for those people whose status expired prior to their application for immigration was approved.

 

 

 

 

 

 

 

 

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