1. The Restrictions for the EB1-Outstanding Researcher or Professor Petition

The EB1-Outstanding Researcher or Professor (EB1-OR or EB-1B) petition is for those applicants who are internationally recognized as outstanding in a particular scientific field. There are three main criteria to qualify for this classification: 

1) The alien applicant should have international recognition in a specific academic field; 

2) The alien applicant should have at least three years of relevant research or teaching experience;

3) The alien applicant should have a permanent job offer in a research or teaching position.

Due to the restrictions of this category, an alien applicant needs outstanding achievements and also needs an employer to sponsor the immigration petition. Therefore, the numbers of the EB1-OR applicants are relatively small, and visa numbers are primarily current.

2. The EB1-OR Petition for Aliens in the R&D Position

Many qualified applicants may think that they do not qualify for the EB1-OR category, because their job titles do not explicitly state that they are researchers. However, it is not the job title of one’s position that matters as much as the job duties required of the position and the company’s setting. 

For example, if your job title is Product Manager at a company, which technically is a management position, but if you supervise researchers and satisfies all other EB1-OR criteria, you still can apply as an Outstanding Researcher. 

It is the same for those who have job titles such as Engineer or Associate. Your job title should not deter you from applying under the EB1-OR category, if you are truly qualified. However, a Post-doc is generally not considered by USCIS as a permanent job position, and will not qualify for the EB1-OR category.

3. The Graduate Studies and the Three-Year Research Requirement 

A common misconception is that an alien applicant must graduate, and then work a full three years before they are able to apply as an EB1-OR immigrant. Part of the time spent on Ph.D. research can often be counted towards the three year working requirement, if there are research achievements during this period which usually demonstrated by publications. 

Usually, research experience after a master’s degree with documented achievement is recognized as time counting against the three-year experience requirement. In some circumstances, experience in a second master’s degree program can count as half of their educational experience toward their working experience, if it is supplemented by achievements in a related research field. 

It is very possible for an alien applicant who has only worked in a research field for one or two years after completing his post-graduate program to qualify as an EB1-OR immigrant. Although the three years of working experience may seem like a rigid rule, it is not as restrictive as one might assume.

4. Alien Applicants Working in Small Research Company

Many people assume that a permanent job offer must come from a large company or a non-profit organization. This is certainly not the case. Small private companies can also qualify as EB1-OR sponsors, if there is a team of at least 3 full time researchers with a proven record of research achievements. 

For example, a small company hired three researchers in full-time research positions to conduct R&D projects for clients. The research team has published their work in internationally and nationally renowned journals and conference proceedings. Some patent applications were also filed by the company as a result of the research team’s discoveries. The company is relatively new and still developing, but they have a strong foundation of recognized achievements. Despite the small size of the company, it can still qualify as an EB1-OR sponsor for an alien worker.

Therefore, it is not the size of the company that matters, if they have at least three full-time researchers and a record of achievement in the field. 

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