Serving Clients Across The U.S. And Around The World

Visas For Professors and Research Professionals

Portions of the content on this page are available as public information on the USCIS website.

Criteria for Eligibility

A U.S. employer (self-sponsorship is not available for this visa classification) may sponsor a foreign national for permanent resident status if that foreign national has demonstrated international recognition in a specific academic field.  Pursuant to 8 CFR 204.5(i), petitions for the EB-1B visa category must be accompanied by the following:

  • Evidence the foreign national has at least three (3) years of teaching or research experience in the specific academic field;
  • Evidence to demonstrate the foreign national meets at least two (2) of the following six (6) criteria:
    • Receipt of major prizes or awards for outstanding achievement
    • Membership in associations that require their members to demonstrate outstanding achievement
    • Published material in professional publications written by others about the alien’s work in the academic field
    • Participation, as a judge of the work of others in the same or allied academic field
    • Evidence of original scientific or scholarly research contributions in the field
    • Authorship of scholarly books or articles (in scholarly journals with international circulation) in the field;
  • A demonstration that the foreign national meets the general definition of the EB-1B category based on a consideration of all evidence taken in its totality.

Although there is no labor certification requirement for EB-1B sponsorship, the sponsoring employer must provide a permanent offer of employment in one of the following areas:

  • A tenured or tenure-track teaching position in the foreign national’s academic field from a U.S. university or institution of higher learning;
  • A permanent research position in the foreign national’s academic field from a U.S. university or institution of higher learning; or
  • A permanent research position in the foreign national’s academic field from a private U.S. employer in a department or division that employs at least three other full-time researchers and has achieved documented accomplishments in the academic field.

Application Process

After evidence is prepared, the employer can file an immigrant visa petition on behalf of the foreign national with USCIS. Once approved, if the foreign national is inside the United States in a valid visa status, they are able to file an application to change their nonimmigrant status to permanent resident status when they become eligible for an immigrant visa (based on their country of birth and specific immigrant visa category).

If the foreign national is outside of the United States, they can proceed with Immigrant Visa processing through a U.S. Embassy or Consulate abroad. The foreign national can enter the United States as a lawful permanent resident upon approval of their immigrant visa and availability of visas (based on country of birth and specific immigrant visa category).

Family of EB-1B Visa Holders

Spouses and unmarried children under the age of 21 of foreign nationals of approved EB-1B visas are eligible to apply for lawful permanent residence.

We Represent Clients Nationwide And Around The World

Contact Us To Learn More

Call David Hirson & Partners, LLP, in Costa Mesa, California at 949-441-4003 or our Seattle, Washington, office at 206-926-3973 or contact us by email to arrange a consultation with one of our immigration attorneys today.

Disclaimer: The use of the internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.