The EBI-1B program falls into a subcategory of priority workers. In order to qualify for this category, a petition must be filed that proves the applicant has been recognized as outstanding in a distinct academic area. Furthermore, although labor certification isn't mandatory, one must have an offer for ongoing employment. If the applicant will work for a college or university as a researcher or teacher, the position must be tenured or on a tenure-track. An immigration attorney can answer any questions an applicant may have about the program, and an immigration lawyer can help the application proceed without interruption.
Self-Petition is not Permitted
The United States employer has to file the petition with the United States Citizenship and Immigration Services (USCIS) as the petitioner, which makes the foreign applicant the beneficiary for the petition.
What are the Qualifications of EB1-B?
A foreign applicant is eligible for classification as a researcher or professor if the individual receives international acknowledgment as outstanding in an academic area and have at least three years of research or teaching experience in their given field. Furthermore, an individual must also prove one of the following three requirements:
1. He or she must be tenured or on a tenure-track position in a research or teaching position.
2. He or she must have an offer that isn't based on a fixed term and is expected to obtain permanent employment.
3. He or she must have a research position offer that is with a private employer. The employer must have no less than three permanent researchers and proven accomplishments in the specific field of research.
How to Show Proof of Recognition
An EB1-B petition must show that the foreign applicant has been recognized for outstanding accomplishments in his or her academic area. According to USCIS rules, support letters, which are from established professors or researchers, are allowed to be submitted as evidence.
The Standard of Review
The USCIS will conduct a standard of review that takes place as a two-part analysis. The USCIS will make a determination on whether the individual qualifies as "outstanding" in his or her given academic field. The evidence must definitively prove the beneficiary is an accomplished professor or researcher that is considered outstanding.
The EB1-B is a complicated process, so the guidance of an experienced immigration attorney can help the process and avoid any delays. If you are applying as a beneficiary for the EB1-B program, contact an immigration lawyer to discus all aspects of the process.