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The EB1
Outstanding Researcher |
1. EB1 Immigration Category of Outstanding Researcher or Outstanding Professor
The EB1 Outstanding Researcher or Outstanding Professor (EB1B or EB1-OR) immigration category is reserved for those considered outstanding in their specific field and who have obtained international recognition. Only tenured/tenure track professors or permanent researchers may use this category, and an alien applicant must have three years of experience. If a faculty member is selected for a teaching or research position, or if the position is purely research for a researcher in a private company, then this category may be the best immigration option.
Persons qualifying in the EB1 category of Outstanding Researcher or Outstanding Professor are granted a waiver of the Labor Certification requirement for Green Card application, but must have an offer of employment. To qualify, an applicant must be internationally recognized as outstanding in a specific academic area, and have at least three years of experience in teaching or research in their particular area of expertise, and must seek to enter the U.S. for:
- a tenure track position within a university or institution of higher education to teach in his or her area of expertise;
- a comparable, permanent position within a university or institution of higher education to conduct research in his or her area of expertise;
- a comparable position to conduct research in his or her area of expertise with a private employer, if that employer hires at least 3 persons full-time in research activities, and has achieved documented accomplishments in an academic field.
2. The Employment Offer and Evidence of at Least 3 Years of Experience
The EB1 Outstanding Researcher or Outstanding Professor immigration category requires an offer of employment. In addition, a petition for an outstanding researcher or professor must be accompanied by:
1). Evidence that the alien applicant is recognized internationally as outstanding in his or her field of expertise.
2). An offer of employment from a U.S. university or institution of higher learning, or a private employer.
3). Evidence of at least 3 years of experience in teaching and/or research in alien's field of expertise.
For a private employer offering a permanent research position, the employer must show that it employs at least 3 full-time persons in research positions, and that it has achieved documented accomplishments in an academic field.
The alien applicant should has at least three years of experience in teaching and/or research in the academic field. Experience in teaching or research while working on an advanced degree will only be acceptable if the individual has acquired the degree, and if the teaching duties were such that he or she had full responsibility for the class taught, or if the research conducted toward the degree has been recognized in the academic field as outstanding.
Evidence of teaching and/or research experience shall be in the form of letter from former or current employer and shall include the name, address, and title of the writer, and a specific description of the duties performed by the person.
3. The Qualification Criteria for EB1 Outstanding Researcher or Professor Petition
USCIS regulations state that a petition for an outstanding researcher or professor must be accompanied by evidence that the researcher or professor is recognized internationally as outstanding in the academic field. Such evidence shall consist of at least two of the following six criteria:
1) Documentation of the individual’s receipt of major prizes or awards for outstanding achievement in the academic field;
2) Documentation of the person’s membership in associations in the academic field that require outstanding achievements of their members;
3) Published material in professional publications written by others about the person’s work in the academic field. Such material shall include the title, date, and author of the material, and any necessary translation;
4) Evidence of the individual’s participation, either individually or on a panel, as the judge of the work of others in the same or an allied academic field;
5) Evidence of the person’s original scientific or scholarly research contributions to the academic field; or
6) Evidence of the individual’s authorship of scholarly books or articles (in scholarly journals with international circulation) in the academic field;
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