Common Issues Associated with EB-1B
Attorney Jane Xu (jane.xu@hooyou.com)
The EB-1B visa category is designed for outstanding professors and researchers seeking permanent residency in the United States. This employment-based, first-preference (EB-1) visa allows individuals with internationally recognized achievements in their field to secure a green card without the labor certification.
Requirements:
To qualify for an EB-1B visa, the applicant must have a permanent job offer from a U.S. employer. This offer can come from a university, research institution, or private entity. The position must be tenure-track (for professors) or a permanent research role without a fixed term.
For a private entity to sponsor an EB-1B, the entity must have at least three full-time researchers and documented research achievements, such as patents or publications.
Example: Upon graduating with a Ph.D. in Electrical Engineering, Dr. Lee received two job offers: one for a nontenure-track assistant research professor position at a reputable college, and another for a Senior Research Engineer at a start-up company funded by two scholars-turned-entrepreneurs. The position with the start-up is without a fixed term and is “at-will” employment. While the offer from the college is non-tenure-track, making Dr. Lee ineligible for the EB-1B, the start-up company has secured sufficient funding (demonstrating the ability to pay), owns a decent number of patents and publications (documented research achievements), and employs at least three full-time researchers (including Dr. Lee). The “at-will” nature of the position does not disqualify it as a permanent role.Therefore, Dr. Lee qualifies for the EB-1B visa. After consulting with an experienced attorney, Dr. Lee accepted the offer from the start-up.
Applicants must demonstrate at least three years of teaching or research experience in their academic field. This experience must be professional-level and can be gained either in the U.S. or abroad. Postdoctoral experience is not required, nor is a Ph.D. necessary for the EB-1B. Experience gained during graduate studies can count as long as the applicant can establish that the experience was outstanding, typically documented through publications.
Example: Ms. Patel graduated from Cornell University with an MS in Environmental Engineering. During her two years of graduate study, she published two journal papers and received one patent. After graduation, she taught at a community college for one year before joining another research institute, where she was promoted to a senior research position after one year. The company is now ready to start her EB-1B petition. By this time, Ms. Patel has one year of teaching experience and one year of research experience. Since her master’s studies resulted in two papers and one patent, she can use her graduate research to meet the required research experience. Her EB-1B application was successfully filed and approved.
Applicants must be recognized internationally for outstanding achievements in their academic field by demonstrating at least two of the following criteria:
Benefits of the EB-1B
Conclusion
With visa retrogression and tightened EB-1A adjudication in the past couple of years, the B-1B visa has become a more valuable option for outstanding professors and researchers seeking permanent residency in the U.S. With strong evidence and employer support, qualified individuals can efficiently secure a green card.
Attorney Jane Xu is the managing partner of Zhang & Associates, P.C. With over two decades of experience in business immigration law, she has successfully handled thousands of immigration cases with unique expertise on EB1 and NIW. If you are considering an EB-1B application, please contact Attorney Jane Xu at jane.xu@hooyou.com.
Founded in 1996, Zhang & Associates, P.C. offers legal services to clients worldwide in all aspects of U.S immigration law. We have successfully handled over ten thousand immigration cases.
At Zhang & Associates, P.C., our attorneys and supporting professionals are committed to providing high-quality immigration and non-immigration visa services. We specialize in NIW, EB-1, PERM, I-485 I-130, H-1B, O, L and J cases. In the past
over twenty years, we have successfully helped over ten thousand clients get green cards. If you plan to apply for a green card, please send your CV to Attorney Jerry Zhang (info@hooyou.com) for a free evaluation.
Zhang & Associates, P.C.
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(02/20/2025)