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.