To obtain an EB-1B green card, the professor or researcher has to be considered outstanding in his field.
Utilizing the EB-1B category is one of the quickest ways to get a work based green card. Generally, filing for employment-based green cards is a 3-part process, but for EB-1B petitions, we skip the PERM filing, which is the most time-consuming part of the process.
Usually, researchers who qualify for O-1, J-1 or H-1B visas (used for temporary stay) also qualify for EB-1B permanent residence if their employers are willing to sponsor them for a green card.
If you are a scientist trying to choose between an EB-1A and an EB-1B category for green card, remember that you can sponsor yourself using EB-1A, whereas you need an employer to sponsor you for an EB-1B. However, it is much easier to qualify for a EB-1B green car than it is to qualify for an EB-1A.
To get a green card under EB-1B, the employer must prove that the professor/researcher being sponsored:
To prove that the researcher or professor is outstanding, you must prove that you meet 2 out of this list of 6 criteria:
If the employer is a private research facility, they must prove that they employ more than 3 full-time researchers.
Once the criteria are met, the USCIS then looks at all the documentation together to decide whether the researcher is outstanding in his field.
EB-1B petitions are filed with the USCIS in the United States. These are 2 steps:
To process these petitions, the USCIS often consults with experts in your industry, to decide whether your research work is outstanding.
(See this link for explanation of I-485, consular processing and the concept of “priority date”)
Proving an EB-1B Case
Our EB-1B clients are private research labs and universities who hire us to file for the green cards of their employees. We often also help individual scientist who approach us to file their EB-1B petitions. Our individual clients work at private laboratories or universities in the US. Sometimes, our clients may be involved with sales and marketing, or may be providing services ancillary to the research being conducted. While your employer is willing to sponsor your green cards, the employer wants you to get your own attorney to file the petition. We are happy to work with both companies and individuals to file for your EB-1B green cards.
Based on more than 2 decades of experience representing clients, we find that most cases have one commonality - Though our scientist-clients are very comfortable explaining their research in formulae, our audience — the immigration officer — very rarely has that depth of scientific knowledge. In these and all EB-1B petitions, it is our responsibility to talk to you and figure out an answer to the critical question, the answer to which will get the green card approved - “What do you think your research will achieve?”
We find that the answer to this question will get the EB-1B green card approved.
As your attorney, it is our responsibility to explore your research with a thorough deep dive so we know exactly what the research is designed to do. This level of detail helps us visualize how the research expands current scientific knowledge and theorize as to what its potential commercial applications may be. Then we put this knowledge into a simple, coherent explanation that gets our EB-1B green card cases approved.
We take pleasure in all the work that goes into building a successful EB-1B case. We talk to our clients – a lot! We talk to the employers who have an end goal in mind when they spend millions of dollars on a particular research project. We research you and your peers on Google Scholar, we ask you to explain terminology. And we spend a lot of time talking with you. We become your partner, invested in the process as much as you are.
And we take as much pleasure in getting a swift green card approval as you do.
I highly recommend working with Attorney Anu Gupta on U.S. immigration issues. Anu has done a great job for me on a number of my applications. Especially, Anu has done an excellent job with my Outstanding Researcher petition (EB-1B) which was successfully approved after her intelligent judgments on how to prepare my case and in responding to the RFE....
She has guided me throughout this petition process. She has helped me in choosing the experts/scientists for recommendation, helped in preparation of these letters, and suitably highlighted my research background that resulted in getting approval of my petition. She and her staff at Immigration Desk Inc were very patient and available most of the time I needed them, with and without appointments. She has done my other petitions successfully as well such as H1B approval and EB-2 PERM and I-140 approvals.
I am really happy to recommend Anu for EB-1 petitions.
I approached Attorney Anu regarding my EB-1B 140 application after several attorneys rejected and would not agree to handle my application citing low credentials and my not having a strong case for EB-1B outstanding researcher application. I spoke to Anu about the positives and negatives and asked her for her suggestions. After reviewing my case, Attorney Anu gave me comprehensive details of positive and negative...
aspects and suggested some changes to my approach. She then guided me on how to bolster my credentials for EB-1B filing.
I trusted her and the guidance she provided to me was outstanding during the entire process. She suggested I wait patiently while she reviewed and addressed the negative aspects of my case and she methodically addressed them one by one.
I was so comfortable with her working style that I decided to hire her for all my future immigration needs irrespective of the outcome of my current case.
Attorney Gupta and her team helped in drafting the recommendation letters, compiling my patents and publications. Attorney Gupta and Attorney Meyer spent a good amount of time on my case, outlining all my qualifications and making sure they met the legal criteria. Even though the Immigration Desk team took a couple of weeks more than I anticipated, they made sure that we got all the proper documentation for filing my EB-1b I-140 application.
I received the case number beginning of second week, followed by approval within the same week. Overall, the process took a little less than 4 months from starting the file to approval.
I highly recommend Attorney Gupta. During this whole time, she showed empathy and worked hard to make sure everything was in order. Attorney Gupta doesn't just work for money, or make false promises. She gives open and honest feedback and even walks clients as to how to improve your case.
I am 100% satisfied with her services and efforts and rate her as one of the most highly skilled and knowledgeable immigration attorneys. I have also recommended her to other professionals in need of immigration services.
My deepest appreciation for all you did through the years as a wonderful law firm and, more importantly, as the wonderful people you are.
Your commitment to help us on our immigration matter with the added assistance and without your immense help, we could not have achieved our green card. I really do not have the right words to say other than a true 'Thank You'.