EB-1B Visa Lawyer

The EB-1B falls under the general category of employment-based visas. The E1 or “first preference” sub-category targets priority workers and “persons of extraordinary ability.” Although executives, athletes, and performing arts professionals may apply for different E1 visas, the EB-1B visa specifically applies to outstanding professors and researchers.

How to Qualify for an EB-1B Visa

To qualify for the EB-1B visa, you must prove that you carry at least a small degree of international acclaim for your contributions to the academic world. Additionally, you must have three years of experience in a specific field of study as a teacher or researcher.

Furthermore, you must enter the United States with the stated goal of pursuing tenure or research opportunities through an educational institution. However, it’s important to note that researchers may pursue employment through private American companies instead.

EB-1B Criteria & Requirements

To qualify for an EB-1B visa, you must meet a variety of requirements. This section will discuss the criteria for visa approval, but to truly confirm your eligibility, it’s a good idea to speak with an experienced EB-1B attorney.

The Offer of Employment

First, you must show that you received an offer of employment. Eligible employers include universities, higher education institutions, and American companies with a minimum of three full-time researchers.

The Six EB-1B Criteria

There are six main EB-1B criteria to consider. However, you only need to satisfy two of the following six requirements to qualify:

1. You won major prizes or awards for your contributions to the academic world.
2. You are a member of an association for academic professionals.
3. Material(s) published in professional publications cite your work.
4. You served as a “judge of the work of others” in a particular academic field of study.
5. You made original contributions to a particular academic field of study.
6. You authored scholarly papers/books published in international scholarly journals.

Unsure of whether or not you satisfy at least two of these criteria? Determining eligibility can be difficult on your own. Reach out to an employment-based immigration lawyer for guidance.

Examples of How Applicants Meet This Criteria

Examples of “recognized prizes or awards” include the Pulitzer Prize, the Turing Award, the Wolfson History Prize, the Breakthrough Prize, and many others. If you’re not sure whether a past award will help you qualify for the EB-1B visa, discuss your situation in more detail with a legal professional.

There are also many examples of associations for academic professionals and researchers. These include the Association for Institutional Research, the European Association for Neurological Surgeons, and the Royal Society of Canada. Note that these associations must only offer membership to those who have made remarkable contributions in their respective fields. If the association accepts non-academics, membership may not meet the EB-1B requirements.

A “judge of the work of others” may be someone who decides who should receive certain academic prizes or awards. Participation in this process, whether you acted as an individual judge or served on a panel, may be enough to secure your eligibility.

Lastly, you may be able to submit proof of an “original contribution,” which is clearly defined in the academic world, as well as a common requirement for doctorate students. Academics may address gaps in existing theory or literature, or they may present entirely new inventions, innovations, or ideas. ResearchMethod.net highlights a study linking social media usage to academic performance as an example of an original contribution. Most doctorate students meet multiple EB-1B visa requirements as a result of the work they have already published.