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EB-1 Category

EB-1 Professor/ Researcher Category

To be eligible for an employment-based visa as an outstanding professor/researcher, there are several hurdles that need to be crossed. This article will help you identify you need to collect and submit to achieve your immigration goals. To met the criterial, you must demonstrate international recognition of your outstanding achievements in a particular academic field, you must have at least three (3) years of experience in teaching or research in that academic area, and you must be entering the United States in order to pursue tenure or tenure track teaching or a comparable research position at a university or other institution of higher education.
Additionally, you must include an offer of employment from the prospective U.S. employer, AND documentation of at least two (2) of the items below:
  • Evidence of receipt of major prizes or awards for outstanding achievement
  • Evidence of receipt of major prizes or awards for outstanding achievement
  • Evidence of membership in associations that require their members to demonstrate outstanding achievement
  • Evidence of published material in professional publications written by others about the alien’s work in the academic field
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  • Evidence of participation, either on a panel or individually, as a judge of the work of others in the same or allied academic field
  • Evidence of original scientific or scholarly research contributions in the field
  • Evidence of authorship of scholarly books or articles (in scholarly journals with international circulation) in the field
As for the application process, you must have your employer file a Form I-140, Petition for Alien Worker. Unlike other petitions, you may not file this petition on your own.
Furthermore, there are different requirements for private employers and universities or other institutions of higher education. A private employer’s offer letter needs to indicate that they intend to employ you in a permanent research position in the academic field, and evidence that they employ at least three (3) full-time researchers and have achieved documented accomplishments in the field. Meanwhile, a university or institution of higher educationneeds to submit an offer of employment letter indicating that they intend to employ you in a tenured or tenure-track position as a teacher or in a permanent position as a researcher in the academic field.
This can be a time-consuming process, and it helps to have someone to make sure you file the correct forms and provide the necessary evidence. If you have any questions, we are here to help.
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