The EB1B visa is an employment-based immigrant visa in the EB1 category of visas. This visa is reserved for “priority workers”; outstanding foreign researchers and professors. The standard for EB1B is not as high as the EB1A visa. To be eligible for this visa the applicant must establish that:

  • They’re entering the United States in order to pursue tenure or tenure track teaching or a comparable research position at a university or any institution of higher education.
  • They have an experience of at least 3 years in their respective field.
  • They have international recognition for their “outstanding” achievements in their field.
  • Outstanding refers to a specific international standard that the immigration laws have set out for foreign workers to prove that they’re competent and recognized in their field.
  • If their employer is a private institution, the employer must show documentation of the accomplishments of the institution and establish that they’ve employed at least 3 researchers.
  • The applicant must provide the USCIS with at least two of the following evidences:
  • Receipts of major prizes that they’ve won in their respective field.
  • Published material in professional journals.
  • Membership in associations which require outstanding achievements of their members, as judged by recognized national or international experts in their field.
  • Participation as a judge, either individually or as a part of a panel, evaluating the work done by others.
  • Proof of original scientific or scholarly contributions of vital importance.
  • Evidence of scholarly books or articles, in scholarly journals, written by the individual in their academic field.

The applicant must have an employer sponsoring them. 3 years’ experience is required but it can be met by combining teaching and research experience. The experience gained while pursuing their Ph.D. also counts. The visas in the EB1 category are processed faster than other employment based green card petitions. Any test of the US job market is not required for EB1 category visas and the process can be completed in a few months. An individual can apply for a green card as soon as their EB1B application is approved because the preference category of this visa is current. Other than that, an additional PERM labor certification is not required which makes the process faster.
However, the quota for the EB1 visa is usually not met and since the standard is very high, the immigration service is hesitant to grant visas to EB1B applicants. Even if the applicant has satisfied the first tier of requirements, the USCIS maintains discertion to complete an analysis of the overall case and make the final decision. Applicants who plan on applying for an EB1B green card must be supported by their employers which means that the applicant should have a permanent job as a researcher in a US university or a research institution. Thus, the green card petition may not be submitted directly in the name of the applicant rather it is filed by the employer with the association of the university or institute. Hence, an EB2 or EB3 visa is in most cases a better option.