EB-1B Outstanding Professor or Researcher

Evaluate which criteria the applicant meets: (1) Major prizes/awards for outstanding achievement (2) Membership in associations requiring outstanding achievements (3) Published material by others about applicant's work (4) Participation as judge of others' work (5) Original scientific/scholarly contributions (6) Authorship of scholarly books or articles. Also confirm: at least 3 years full-time teaching/research and employer must be a university or research institution.

1-2 weeks

Meeting 2 is the minimum; recommend 3-4 for a stronger case. 3 years can include PhD research experience.

Collect evidence for each satisfied criterion. Arrange recommendation letters (suggest 5-7, including 3+ independent recommenders). Gather citation data, award certificates, peer review invitations, publication list. Confirm employer offer letter clearly states tenure/tenure-track or permanent research position.

4-8 weeks

Confirm position is tenure/tenure-track or a comparable permanent research position. If private company research role, must show: (1) at least 3 full-time researchers (2) documented research achievements.

Private companies can also sponsor EB-1B, but need additional proof of research institution nature and scale.

Offer Letter must state: position title, tenure/tenure-track nature, start date, salary, job duties. Employer support letter describes: institution overview, research facilities, research team size, why this applicant was chosen.

Confirm basic eligibility: at least 3 years full-time teaching/research experience (PhD period counts). Review which of the 6 criteria are met: awards, memberships, published material, judging, original contributions, scholarly works.

Contact 5-7 recommenders (at least 3 independent — not collaborators/advisors). Recommenders should be respected scholars in the field who can evaluate your outstanding standing. Attorney will draft initials; recommenders review, revise, and sign.

Recommend at least 2 recommenders from different countries/institutions to strengthen "international recognition" argument.

Draft 15-30 page Petition Letter: argue applicant's international recognition as outstanding in the academic field; address each criterion with evidence; describe position nature (tenure-track or comparable research); demonstrate 3-year experience requirement.

2-3 weeks

Complete I-140 form (select EB-1B classification). Petitioner = employer (university/research institution). Compile complete petition package and file with USCIS. If expedited processing needed, file I-907 Premium Processing concurrently.

Provide documentation showing ability to pay the offered salary: annual report/audited financials, tax returns (private company), or university annual budget.

If USCIS issues an RFE, cooperate with attorney to provide supplemental materials: additional position description, research institution qualification proof, salary payment ability documents, etc.

Collect: Google Scholar/Web of Science citation data, h-index, journal impact factors, peer review invitations/records, academic awards/honor certificates, teaching evaluations (if teaching position), research funding records.

2-4 weeks

Carefully review the Petition Letter drafted by attorney. Confirm: all academic facts are accurate, research contributions are not exaggerated, recommendation letters align with reality, 3-year experience timeline is correct.

Common RFEs: (1) insufficient evidence for criteria (2) whether position is truly tenure-track (3) 3-year experience qualification. After I-140 approval, check Visa Bulletin priority date and arrange I-485 or consular processing.

China-born EB-1 currently has 1-2 year backlog. Recommend filing I-140 early to lock in priority date.

During I-485 adjudication, employer must keep the position available and not withdraw the offer. If position terms change (title, salary, etc.), notify attorney immediately to assess impact on the application.

After I-140 approval + priority date current: file I-485 + I-765 (EAD) + I-131 (AP). Complete medical exam (I-693) and biometrics. Maintain legal status until I-485 approval.

While I-485 is pending, do NOT travel outside the US without AP, or your application may be considered abandoned.