USA EB-1B (Outstanding Professor/Researcher)

What is the EB-1B Outstanding Professor/Researcher Visa?

The EB-1 visa is the highest priority employment-based immigrant visa, designated for “priority workers.” It allows individuals with extraordinary abilities, outstanding professors and researchers, and multinational managers or executives to obtain lawful permanent residency (a Green Card) in the United States.

The EB-1B Outstanding Professor/Researcher sub-category is specifically for foreign nationals who are internationally recognized for their outstanding achievements in a specific academic field. Unlike some other employment-based Green Cards, the EB-1B does not require a PERM Labor Certification, significantly streamlining the application process. However, it does require a permanent job offer from a qualifying U.S. employer.

Eligibility Criteria for EB-1B Outstanding Professor/Researcher

To qualify for the EB-1B visa, both the foreign national (beneficiary) and the U.S. employer (petitioner) must meet rigorous criteria.

For the Applicant (Outstanding Professor/Researcher):

• International Recognition: The applicant must demonstrate international recognition for outstanding achievements in a particular academic field. This is typically evidenced by meeting at least two of the following six criteria set by USCIS:
  • Receipt of major prizes or awards for outstanding achievement in the academic field.
  • Membership in associations in the academic field which require outstanding achievements of their members.
  • Published material in professional publications written by others about the alien’s work in the academic field.
  • Participation, either individually or on a panel, as a judge of the work of others in the same or an allied academic field.
  • Original scientific or scholarly research contributions in the academic field.
  • Authorship of scholarly books or articles (in scholarly journals with international circulation) in the academic field.
• Experience: Must have at least three years of experience in teaching or research in the academic field. Experience gained while pursuing an advanced degree may count if the degree has been acquired and if the teaching duties included full responsibility for the class, or if the research conducted toward the degree has been recognized as outstanding.

For the U.S. Employer (Petitioner):

• Permanent Job Offer: Must offer the applicant a permanent teaching or research position. This can be:
  • A tenured or tenure-track teaching position at a university or institution of higher education.
  • A comparable research position at a university or institution of higher education.
  • A comparable research position with a private employer, provided the employer has at least three full-time researchers and documented accomplishments in the research field. A “permanent” position is one of indefinite or unlimited duration with an expectation of continued employment.
• Ability to Pay: The employer must demonstrate a continuing ability to pay the offered wage from the priority date until the applicant obtains permanent residency.

The EB-1B Visa Application Process

The EB-1B visa is employer-sponsored, meaning the U.S. employer files the initial petition on behalf of the outstanding professor or researcher.

Step 1: Immigrant Petition (Form I-140) (Employer’s Responsibility)

The U.S. employer files Form I-140, Immigrant Petition for Alien Worker, with U.S. Citizenship and Immigration Services (USCIS). This petition must include comprehensive documentation demonstrating that the beneficiary meets the EB-1B eligibility criteria, particularly the evidence of international recognition and the three years of experience. The employer must also provide evidence of the qualifying job offer and their ability to pay the proffered wage.

• No Labor Certification: A significant advantage of the EB-1B visa is that it does *not* require a PERM Labor Certification from the U.S. Department of Labor, unlike most other employment-based Green Card categories. This bypasses a lengthy and complex step.
• Premium Processing: Petitioners can opt for Premium Processing by filing Form I-907, Request for Premium Processing Service, and paying an additional fee. This ensures USCIS will take action on the I-140 petition (approval, denial, or Request for Evidence) within 15 calendar days. This option is highly recommended to expedite the initial approval.

Step 2: USCIS Petition Adjudication

USCIS reviews the Form I-140 petition and all supporting documentation. If the petition is approved, USCIS sends an approval notice (Form I-797). If additional information is needed, a Request for Evidence (RFE) will be issued. If denied, a denial letter outlining the reasons will be sent.

Step 3: Visa Application or Adjustment of Status (Applicant’s Responsibility)

Once the Form I-140 is approved, the final step towards obtaining a Green Card depends on whether the applicant is inside or outside the United States and whether a visa number is immediately available.

• Consular Processing (Outside the U.S.): If the applicant is outside the U.S., they will apply for an immigrant visa at a U.S. Embassy or Consulate in their home country. This involves submitting Form DS-260, Immigrant Visa Application, attending a visa interview, and undergoing a medical examination.
• Adjustment of Status (Inside the U.S.): If the applicant is already in the U.S. on a valid nonimmigrant visa and their priority date (the date USCIS received the I-140 petition) is “current” according to the monthly Visa Bulletin, they may file Form I-485, Application to Register Permanent Residence or Adjust Status, with USCIS. This allows them to adjust their status to a lawful permanent resident without leaving the country. Spouses and unmarried children under 21 years of age can typically file their I-485 applications concurrently.

Understanding Processing Times and the Visa Bulletin

While the EB-1B category generally has favorable visa availability, overall processing times can still vary based on several factors:

• USCIS Service Center Workload: The specific USCIS service center processing the I-140 can influence processing times.
• Quality of Documentation: A well-prepared petition with strong, clear evidence can lead to quicker adjudication. RFEs will naturally extend the process.
• Visa Bulletin Availability: Unlike some other employment-based categories, the EB-1 category (including EB-1B) is often “current” for most countries, meaning a visa number is immediately available upon I-140 approval. However, for high-demand countries like India and China, retrogression (visa numbers becoming unavailable) can occasionally occur, creating significant wait times for the I-485 or consular processing stage.

Estimated Processing Time for EB-1B Outstanding Professor/Researcher Visa:

Disclaimer: These are general estimates as of mid-2025 and are subject to change based on government processing capacities and policy shifts. Always refer to the official USCIS and Department of State websites for the most current information, especially the monthly Visa Bulletin.

Significant Advantages of the EB-1B Outstanding Professor/Researcher Visa

The EB-1B visa is highly desirable for eligible academics due to several key benefits:

• Permanent Residency (Green Card): The ultimate goal, granting the right to live and work permanently in the U.S.
• No PERM Labor Certification: This is a major advantage, as it bypasses the often lengthy and complex labor market test required for most other employment-based Green Cards.
• Often Current Visa Availability: For many countries, visa numbers for the EB-1 category are consistently available, allowing for a faster path to Green Card approval once the I-140 is approved. This is a significant advantage over EB-2 or EB-3 categories which often have substantial backlogs.
• Path to U.S. Citizenship: Green Card holders are generally eligible to apply for U.S. citizenship after five years of holding permanent resident status.
• Family Inclusion: Spouses and unmarried children under 21 years of age are eligible to obtain Green Cards as derivative beneficiaries, allowing the entire family to reside permanently in the U.S.
• Work Authorization for Dependents: Dependent spouses can apply for an Employment Authorization Document (EAD) concurrently with their I-485, allowing them to work in the U.S. while their Green Card application is pending.
• Travel Flexibility: Once the I-485 is filed, applicants and their dependents can apply for Advance Parole, allowing them to travel internationally while their Green Card application is pending.

Recent Changes and Important Updates (2024-2025)

While the fundamental criteria for the EB-1B visa remain consistent, it’s always important to monitor updates from USCIS and the Department of State:

• Visa Bulletin Trends: The EB-1 category has generally remained “current” for most countries, affirming its status as a fast track. However, for nationals of India and China, occasional retrogression for the EB-1 category can occur. It’s crucial for individuals from these countries to closely track the monthly Visa Bulletin.
• Premium Processing Fees: USCIS regularly adjusts its fees. The fee for Premium Processing for Form I-140 (including EB-1B) has seen increases and should always be verified on the official USCIS website.
• Scrutiny of “Outstanding” Criteria: USCIS continues to apply rigorous scrutiny to the evidence submitted for the “outstanding” criteria. Petitioners must provide strong, persuasive documentation that clearly demonstrates the beneficiary’s international recognition and significant contributions, beyond merely listing publications or awards. Strong recommendation letters from independent experts are crucial.
• Clarity on “Permanent” Positions: USCIS provides ongoing guidance on what constitutes a “permanent” job offer, especially for research positions that may not explicitly be “tenure-track” but have an expectation of indefinite employment.
• Increased Filings: As other Green Card categories face longer backlogs, there’s often increased interest and filings in the EB-1 categories, which could potentially lead to minor fluctuations in processing times or visa availability if demand continues to outpace supply for specific countries.