The EB1B visa is an immigrant visa category specifically for outstanding professors and researchers. To be eligible, applicants must demonstrate international recognition for their outstanding achievements in a specific academic area. Additionally, applicants must have at least three years of teaching and/or research experience in their field and secure a job offer to work as a professor or researcher at a U.S. university, institute of higher education, or as a researcher for a private employer. Unlike many other employment-based immigrant visas, the EB1B visa does not require an approved labor certification.

Benefits of the EB1B Visa

• Immigrant Visa:
  The EB1B visa qualifies individuals for a green card, allowing them to live and work in the United States permanently. Eligible family members (spouse and children) can also obtain green cards, work authorization, and access to education in the U.S.
• No Labor Certification Required:
  The EB1B visa process is exempt from the time-consuming labor certification process required for many other employment-based immigrant visas.
• Lower Standard than EB1A Visa:
  While the EB1B visa requires a high level of achievement, it is generally more accessible than the EB1A visa, which demands proof of extraordinary ability.

EB1B Visa Requirements

To qualify for the EB1B visa, applicants must meet the following three main requirements:

1. Internationally Recognized Outstanding Achievement:
   Applicants must provide evidence of international recognition as outstanding in their academic field. This involves satisfying at least two of six evidentiary criteria, such as major prizes or awards, association memberships, published materials, participation as a judge, original contributions, and authorship of scholarly books or articles.
2. Minimum 3 Years of Teaching/Research Experience:
   Applicants must have at least three years of experience in teaching and/or research in their academic field. Time spent teaching or researching while pursuing an advanced degree may be considered if it meets specific criteria.
3. S. Job Offer:
   Applicants must have a job offer from a U.S. university or institute of higher education for a tenured or tenure-track position, or from a private employer for a permanent research position.

Documents Needed for an EB1B Visa

The specific documents required will depend on the individual’s achievements, qualifications, and credentials, but generally include:

• Awards and evidence of their significance.
• Proof of membership in academic associations.
• Letters from former employers detailing work experience.
• A written job offer from the U.S. employer.
• Letters of endorsement from experts in the field.
• Copy of passport.
• Resume or CV.

Process of Getting an EB1B Visa

• Step 1:Consult an immigration lawyer.
• Step 2:File Form I-140 (Immigrant Petition for Alien Worker) with U.S. Citizenship and Immigration Services (USCIS), along with supporting documents.
• Step 3:Choose between Adjustment of Status or Visa Processing:
  • Adjustment of Status:For individuals lawfully present in the U.S., file Form I-485.
  • Visa Processing:Apply for a visa at a U.S. consulate abroad using Form DS-260.

How USCIS Decides Outstanding Achievement

USCIS uses a two-step approach to evaluate EB1B applications:

1. 1. Evidentiary Threshold:
      The applicant must provide sufficient evidence to satisfy at least two of the six evidentiary criteria. This step focuses on the existence of evidence rather than its quality.
   2. Final Merits Determination:
      USCIS critically analyzes the totality of the evidence to determine if the applicant is truly outstanding in their field. The quality and significance of the evidence are assessed, and meeting the initial criteria does not guarantee approval if the evidence is not compelling.