EB1b Visa Requirement & Documents

After reading the EB1b visa overview and gaining a general idea of what an EB1b green card petition is, the next step is to learn about what a person would need to provide as evidence to prove that they are qualified for an EB1b green card.

The article below provides a brief overview of what the EB1b green card requirements are looking for and what documents are usually submitted for each requirement.

EB1B GREEN CARD REQUIREMENTS

In an EB1b green card petition, the person would need to show that (1) they are a professor or researcher who is internationally recognized as outstanding in their specific academic field by satisfying at least 2 out of 6 criteria listed in 8 CFR §204.5(i)(3)(i), (2) have at least 3 years of experience in teaching or researching in that field, and (3) have a job offer for a tenured or tenure-tracked teaching position, or a comparable permanent researching position from a sponsoring employer such as a university, institution of higher education, or a department, division, or institute of a private employer that employs at least 3 full-time researchers and is considered accomplished in the academic field.

The following sections consist of a brief summary on each requirement and the documents that are generally used as evidence to satisfy that requirement.

The person is recognized internationally as outstanding in a specific academic field by satisfying at least 2 out of 6 criteria listed below:

The EB1b green card petition requires the professor or researcher to show that they are internationally recognized as being outstanding in their academic field by satisfying at least 2 out of 6 criteria listed in 8 CFR §204.5(i)(3)(i). Under this EB1b green card petition requirement, there should be around 5 to 7 recommendation letters submitted and it should be from a combination of independent experts, mentors, and collaborators.

Major Awards or Prizes for Outstanding Achievements

The person has received major awards or prizes for outstanding achievement in the specific academic field.

One criterion to prove that the professor or researcher is internationally recognized as outstanding in their academic field under the EB1b green card petition requires the person to show that they have been given major awards or prizes within their academic field before.

Under the EB1b green card petition, the award or prize in general should have importance at a national or international level and the person must be directly attributable for receiving the award or prize. Most student-level awards, prizes, grants, or scholarships are ineffective for this EB1b green card petition criterion.

Effective and Qualifiable Items (Major Awards or Prizes for Outstanding Achievements)

Below are some general guidelines as to what usually satisfies the “major awards or prizes for outstanding achievements” criterion under an EB1b green card petition.

In most cases, the award or prize under the EB1b green card petition should have national or international importance.

The award or prize under the EB1b green card petition must be related to the academic field that the person is using in the EB1b green card petition.

The award or prize under the EB1b green card petition generally should be awarded to the person and not to the person’s employer. If the employer is named as the recipient of the award or prize, it must also be shown that the person’s work was directly attributable to the award or prize.

Non-Effective Items (Major Awards or Prizes for Outstanding Achievements)

Below are some general guidelines as to what items are usually considered non-effective or less-effective in satisfying the “major awards or prizes for outstanding achievements” criterion under an EB1b green card petition.

Awards received at the student level are not effective unless it was considered to be outstanding beyond the other normal awards given in academia. For example, teaching assistant awards or the dean’s list appointments are ineffective evidence.

Academic scholarships and grants such as university or post-doc grants, fellowships, and scholarships are usually ineffective. The reason is that, unlike awards, grants and scholarships are relatively common and they do not show a recognition of past achievements but instead activity that will be undertaken in the future when given.

Awards or prizes that are too restrictive in the range of eligible candidates may not be effective, such as when only students or faculty members from a certain school can compete for the award, or when only people from a specific geographical location or age group can be eligible to enter the competition for the award. However, some awards or prizes with restrictive eligibility limitations can still be considered effective if the restrictions are directed towards requiring candidates to possess higher credentials to enter the competition for the award. For example, an award that was limited to young researchers may still be able to qualify as a major award under this EB1b green card petition criterion if the researcher was required to be recognized nationally or internationally (by most scientists) in their academic field to be eligible to enter the competition for the award.

Nominations for an award are not effective.

Winning second or third place is not effective.

Acceptance for publication is not effective.

High examination scores are not effective.

Elected student officer positions are not effective.

Certificates from college are not effective.

Local, regional, or provincial awards are not effective.
Job offers are not effective.
Bonuses from the person’s employer are not effective.

Documents to Prepare (Major Awards or Prizes for Outstanding Achievements)

Commonly used documents to prove that a person has received major awards or prizes for outstanding achievements under an EB1b green card petition includes but is not limited to:

A copy of each prize or award certificate.
A clear photograph of each prize or award.
A copy of the public announcement of the issuance of awards from the granting organization.
Media coverage.
Letter from the award committee describing the number of people that were nominated for the award and the selection criteria for the award winner.
Documents about the award should include information such as the significance of the award in the field, the number of awards given out each year, previous winners of the award, the geographic scope of eligible candidates, and the reputation of the panel or organization granting the awards.

Membership in Association Requiring Outstanding Achievement

The person has membership in an association that requires outstanding achievement in their academic field as a condition to become a member.

One criterion to prove that the professor or researcher is internationally recognized as outstanding in their academic field under the EB1b green card petition requires the person to show that they are a member of a professional association that approves membership based on whether the person has attained outstanding achievement in the field or not.

Membership to the professional association should be exclusive and limited to people who have gained international recognition for attaining outstanding achievements in the academic field. Memberships that require little to no effort, such as filling out a form and paying the annual membership fees, are usually not qualifiable under this EB1b green card petition criterion.

The emphasis of this EB1b green card petition criterion is on whether the person having outstanding achievements in the academic field was a precondition to their membership. For example, the National Academy of Sciences only admits 18 people each year as a Foreign Associate and the nomination by an existing academy member must be based on the person’s outstanding achievements in producing original research in their academic field (i.e., having outstanding achievements is a precondition to join the professional association).

Effective and Qualifiable Items (Membership in Association Requiring Outstanding Achievement)

Below are some general guidelines as to what usually satisfies the “membership in an association that requires an outstanding achievement” criterion under an EB1b green card petition.

Admission to the association must require the use of higher and more selective criteria, and having outstanding achievements in the academic field must be a precondition for granting the membership.

The professional association must be related to the person’s academic field listed in the EB1b green card petition.

In an association that has several levels of memberships, a senior level membership or certain subgroups that require outstanding achievement as a precondition for membership can still be qualifiable under this EB1b green card petition criterion even if the association’s lower-level memberships are completely fee based. For example, a fellow in an association may be effective if it requires outstanding achievement in its selection criteria.

Non-Effective Items (Membership in Association Requiring Outstanding Achievement)

Below are some general guidelines as to what items are usually considered non-effective or less-effective in satisfying the “membership in an association that requires an outstanding achievement” criterion under an EB1b green card petition.

Membership cannot be merely based on factors such as the person paying the annual membership fee, passing a certain exam, having a certain degree or level of education, passing a specific number of published work, having a certain number of years of experience in a field, or a required membership for employment in certain occupations (e.g., union membership). For example, a membership in the American Chemical Society (ACS) is not qualified because it only requires a chemical related degree or work experience and the payment of its annual membership fees to become a member.

Membership that requires new members to be nominated by existing members is not automatically effective.

Documents to Prepare (Membership in Association Requiring Outstanding Achievement)

Commonly used documents to prove that a person has membership in an association that requires an outstanding achievement under an EB1b green card petition includes but is not limited to:

Copy of the person’s membership card.
Copy of the person’s membership certificate.

Letter from the association stating that the person is a member.

The section of the association’s bylaws that details the membership criteria for the person’s membership.

Documents that show how the evaluation process is done when reviewing the applications of the association’s prospective members.

Documents that include information such as the association’s goals, mission, target members, official admission requirements, total number of members, where the person is ranked relatively to other members, the requirements and conditions to maintain membership, and the status of the association in the field.

Published Material About the Person's Work in Professional Publications

There is published material in professional publications written by others about the person's work in the academic field.

One criterion to prove that the professor or researcher is internationally recognized as outstanding in their academic field under the EB1b green card petition requires the person to show that other people have written about the professor or researcher’s work and that written material was published in a professional publication.

Under the EB1b green card petition, the published material about the person’s work must have been written by someone other than the person themself and it must have been published in a professional publication. The content of the published material should be able to show that the professor or researcher is internationally recognized as outstanding in their academic field. The emphasis in this EB1b green card petition criterion is on whether the published material discussed and evaluated the person’s work and not just mention it in passing.

Effective and Qualifiable Items (Published Material About the Person's Work)

Below are some general guidelines as to what usually satisfies the “published material about the person’s work in professional publications” criterion under an EB1b green card petition.

The published material must discuss and evaluate the person’s work. For example, an article that evaluates several scholars’ work and concludes that the person’s work is the most authoritative out of all the other scholars mentioned in the article would be considered as effective evidence.

The material about the person’s work must have been published in a professional publication, such as a scholarly or academic journal.

The material about the person’s work may also be effective if published in major trade or media publications, such as Nature News, National Science Foundation, New England Journal of Medicine, or newspapers that have international circulations.

Published material that does not cover the content of the person’s work but covers the person receiving an award or grant because of their work may be effective.

Non-Effective Items (Published Material About the Person's Work)

Below are some general guidelines as to what items are usually considered non-effective or less-effective in satisfying the “published material about the person’s work in professional publications” criterion under an EB1b green card petition.

Articles that cite the person’s work should be substantial and not merely part of a list of citations to other works. Listings in a subject matter index or footnote without evaluation, or an unevaluated reference to the applicant’s work are ineffective. Citations of the person’s work should be accompanied by statements that describe the person as authoritative in that academic field.
Standard academic citations or articles that merely mention the person’s work in passing are not effective. For example, an article citing the person’s work in passing was treated as background information for the topic that was being discussed, or a long article that only included a few sentences about the person’s work was considered insufficient under this EB1b green card petition criterion.
The published material cannot just discuss the person’s employer or the organizations associated with the person – it must focus on the person’s work.

The publications should not be mere reprints of related abstracts or press releases from journals that publish the person’s work. The content should be written by independent journalists covering details about the person’s work.

Local newspaper publications, university publications, or the sponsoring employer’s internal reports are not effective.

Articles published by new websites, websites with little credibility, or websites that cannot easily be verified of its credibility are ineffective evidence. The number of hits or views on a particular website does not necessarily indicate credibility.

Articles that cover the person’s work in detail but the evaluation is negative or neutral are not effective and may be harmful.

Documents to Prepare (Published Material About the Person's Work)

Commonly used documents to prove that there is published material in professional publications written by others about the person’s work in the academic field under an EB1b green card petition includes but is not limited to:

Documents that show the title, date, and author of the published material, the publications name, the legitimacy of the publication, who the target audience of the publication are, whether the circulation was online or in print, the number of copies printed, the frequency of publications, and whether it has local, national or international circulation.
The published material should be submitted in the same media format in which it was published. For example, a photocopy of the printed article should be provided if the article was originally published in print, or a PDF print-out from the website should be provided if the article was originally published online.

Past articles from the publication which contain interviews with nationally or internationally well-known people can be used as support for the legitimacy of the publication.

Judge of Other People's Work

The person served as a judge of others work in same or related academic field (individually or on a panel).

One criterion to prove that the professor or researcher is internationally recognized as outstanding in their academic field under the EB1b green card petition requires the person to have been a judge to other people’s work in the past. The person could have served as a judge alone or with other judges on a panel.

Being a judge of other people’s work under this EB1b green card petition criterion usually includes reviewing articles that are submitted to peer-reviewed scholarly journals or conferences.

Effective and Qualifiable Items (Judge of Other People's Work)

Below are some general guidelines as to what usually satisfies the “judge of other people’s work” criterion under an EB1b green card petition.

Professors or researchers can be seen as a judge of other people’s work by peer-reviewing manuscripts for scholarly journals, serving on editorial review boards, and reviewing proposals for reputable organizations such as the National Science Foundation or the National Institutes of Health. Expert review work for journals that have international circulations will be given substantial weight.

The quality, quantity, reputation of where the review work is published (e.g., scholarly journal, conference) will be considered in totality. Positive factors can be journals that have international circulations, being named by the journal as top reviewer of the year, was a member of the editorial board of a distinguished journal, was requested by a large number of journals to do review work, the journal is managed by a small group of elite members, and an invitation from a fund that only invites outstanding experts in the academic field to review grant proposals.

Serving on a Ph.D. graduate dissertation committee that makes final judgments on the satisfaction of the degree requirements may be qualifiable.

Invitation to serve as a judge by independent experts or institutions that have no ties to the person is more effective than being invited by colleagues or associates. For example, an invitation to do review work for an institution in another country where the person has no connection to will show strong evidence of international recognition.

Reviewing theses or dissertations, reviewing conference papers, serving as conference chair, evaluating awards for other professors, or being appointed to review significant research grants may be effective evidence.

Non-Effective Items (Judge of Other People's Work)

Below are some general guidelines as to what items are usually considered non-effective or less-effective in satisfying the “judge of other people’s work” criteria under an EB1b green card petition.

The review work cannot be a part of the person’s inherent job duties, such as a professor evaluating a student’s work.
Review work requested by former classmates, co-authors, academic advisors, or colleagues from the same school may not be effective. For example, there was one case where a person’s work serving on a steering committee for an international conference was considered ineffective because one of the conference co-chairs was the person’s doctoral advisor.

Documents to Prepare (Judge of Other People's Work)

Commonly used documents to prove that a person has served as a judge of other people’s work under an EB1b green card petition includes but is not limited to:

A confirmation letter from the organization that invited the person to serve as a judge should include details such as who chose the person to become a judge, the selection criteria and process of choosing the judges, the reasons of why the person was chosen, examples of prior judges who are highly acclaimed in the field, the dates of when the person served as a judge, the details of the work and the level of expertise of those who were being judged, and documents that show the assessments made by the person while serving as a judge. The person’s expertise and reputation should be the main reason why the person was chosen to serve as a judge.
Documents that show what criteria the person used when reviewing other people’s work as a judge. For example, a copy of the person’s comments on the grant proposal or article, or proof that the person’s comments or advice were accepted by the applicant of the proposal or article.
Documents that show the significance of the work that was judged by the person.
Documents (e.g., official organizational documents or bylaws) that show the criteria used to select judges.
Documents that include information of the selectiveness and prestige of the journal, such as the circulation, ranking of the publication, and the impact factor of the publication.
Documents that show the significance of the conferences, such as the attendance numbers, brand-name conference sponsors, and examples of well-known people who presented work at the conference.
Documents that log the appearances of the review work.

Original Scientific or Scholarly Research Contributions

The person has produced original scientific or scholarly research contributions in their academic field.

One criterion to prove that the professor or researcher is internationally recognized as outstanding in their academic field under the EB1b green card petition requires the person to have produced original scientific or scholarly research contributions to their academic field in the past.

The emphasis of this EB1b green card petition criterion is that the person must show the contribution impacted the academic field as a whole and that the person gained international recognition in the field.

This “original scientific or scholarly research contributions” criterion under the EB1b green card petition has a lower standard than the “original contributions with major significance” criterion under the EB1a green card petition. However, the criterion here under the EB1b green card petition is still considered a relatively high standard because the person is required to show that they have gained international recognition for their contributions to the academic field. For example, the person’s research is known and used across the world because it contributed to the revolutionization of the hearing aid technology by reducing unwanted background noise.

Effective and Qualifiable Items (Original Scientific or Scholarly Research Contributions)

Below are some general guidelines as to what usually satisfies the “original scientific or scholarly research contributions in their area of expertise” criterion under an EB1b green card petition.

Effective contributions can be when the person’s work has been widely used, adopted, cited or used by independent peers, other people gained national or international recognition in the field building on the person’s contribution, or the person’s work sparked significant debate or demonstrable change in their academic field. For example, an insect researcher discovered 96 new species of spiders which represented 10% of the documented information on that spider family would be considered showing a measurable increase to the current body of scholarship.

Citations from independent scholars or researchers are more effective than citations from colleagues or co-authors.

Citations from countries outside of the person’s home country or the United States are considered very effective in showing that the person is internationally recognized.

The person’s contributions must impact the academic field as a whole and not just the individual institution or laboratory.

Patents must be approved and it must be shown that the patent has impacted the field substantially. For example, the patented invention has been manufactured, widely used, licensed to others, and commercially successful.

Non-Effective Items (Original Scientific or Scholarly Research Contributions)

Below are some general guidelines as to what items are usually considered non-effective or less-effective in satisfying the “original scientific or scholarly research contributions in their area of expertise” criterion under an EB1b green card petition.

General statements that the person had provided contributions to the academic field are not effective.

Claims about future contributions are not effective.

The work must be already used or replicated by independent researchers and not just by the person’s colleagues. For example, a patented tool that was only used in the organization of the person’s employment may be seen as too localized and thus not considered significant for the field as a whole.

Merely showing the work was funded, published, or presented is not enough because those are commonly associated with research work – international recognition of the person’s work must be shown.

Documents to Prepare (Original Scientific or Scholarly Research Contributions)

Commonly used documents to prove that a person has made original scientific or scholarly research contributions in their area of expertise under an EB1b green card petition includes but is not limited to:

Letters and testimonies from established and reputable professors, colleagues, editors, researchers from a national laboratory, or the public office must include details of the person’s contribution and an explanation of how the person’s work is original (not replicating other people’s work) and how it has “impacted the academic field.

Recommendation letters from independent experts in the academic field are the most effective type of evidence since it is deemed as more impartial. Independent experts are those that are outside of the person’s colleagues and acquaintances. The letters should detail the usage of the person’s work and the influence the work has on others in the field.

International media coverage of the contributions can be from scientific or academic press within the community or news outlets for the general public. For example, an article in the Washington Post discussing the person breaking new scientific grounds by discovering a new strain of virus and is developing a new vaccine to combat the new strain of virus can be qualifiable evidence.

Documents that objectively show the contribution to the academic field is internationally recognized can include information such as researchers from other countries have used the person’s work as the basis for their own work, citations from independent scholars or researchers in countries other than the person’s home country or United States.

Documents that show people in the academic field currently believe that the person’s work is important can include university or college course syllabi that list the person’s publications as required reading or invitation letters to present at prestigious conferences.

Documents that show the person’s work has been widely cited or used by others. For example, letters from organizations that have used the person’s research, a large number of citations of the person’s work from various independent researchers, contracts that detail the person’s patents are used by multiple companies, licensing agreements showing the technology is used by others, or records of the patented inventions being manufactured and sold to clients.

Documents that show the person’s work sparked widespread public commentary or change in the academic field. For example, a researcher of theoretical cosmology pointed out flaws in a widely accepted theory in the field which then sparked fierce debate among theoretical cosmologists.

Authorship of Scholarly Books or Articles

The person's authorship of scholarly books or articles (in scholarly journals with international circulation) in their academic field.

One criterion to prove that the professor or researcher is internationally recognized as outstanding in their academic field under the EB1b green card petition requires the person to have written scholarly books or articles that were published in a scholarly journal that has international circulation.

Under the EB1b green card petition, the scholarly books or articles must be specifically written for learned persons (i.e., persons who have profound knowledge or scholarship) in the academic field. The emphasis of this EB1b green card petition criterion is that the work must be internationally recognized which means that the work should have been internationally distributed.

Effective and Qualifiable Items (Authorship of Scholarly Books or Articles)

Below are some general guidelines as to what usually satisfies the “authorship of scholarly books or articles in their field” criterion under an EB1b green card petition.

The scholarly article under this EB1b green card petition criterion should be cited or peer-reviewed. The number of citations of the person’s scholarly articles will be taken into account but the quality is more important than the quantity under the EB1b green card petition.
Scholarly articles that are published in peer-reviewed reputable journals that have national or international circulation are considered the most effective type of evidence.

Citations of the person’s work by well-known organizations in their academic field are usually considered more effective. For example, an economics researcher’s work cited in a World Bank’s publication, or a medical researcher’s work cited in a World Health Organization’s (WHO) report.

The person being the only author or the first author is usually more effective than the person being one of many authors (and not being listed first). When more than one author is listed, how the person contributed as a lead or significant role in the research effort would need to be explained.

The work should be primarily created by the professor or researcher.

The person’s work should be published in publications that have international circulation. Documents from independent sources (e.g., the publishers, media guides) should be able to show that the publications have large international distributions. For example, an academic physician was invited to write multiple chapters of a medical textbook that is widely used in multiple countries, or an economics researcher’s case study is listed as required reading for doctorate students in multiple countries.

The person’s work can be published in a conference setting.

Low citations or low publication rates can still be effective evidence if this is due to factors inherent in the nature of their academic field. For example, it is common for researchers in mathematics to have a relatively lower publication rate, or in some circumstances there is a difference in publication rates between researchers who are in academia and researchers who are in the private industry.

Non-Effective Items (Authorship of Scholarly Books or Articles)

Below are some general guidelines as to what usually satisfies the “authorship of scholarly books or articles in their field” criterion under an EB1b green card petition.

The scholarly article under this EB1b green card petition criterion should be cited or peer-reviewed. The number of citations of the person’s scholarly articles will be taken into account but the quality is more important than the quantity under the EB1b green card petition.
Scholarly articles that are published in peer-reviewed reputable journals that have national or international circulation are considered the most effective type of evidence.

Citations of the person’s work by well-known organizations in their academic field are usually considered more effective. For example, an economics researcher’s work cited in a World Bank’s publication, or a medical researcher’s work cited in a World Health Organization’s (WHO) report.

The person being the only author or the first author is usually more effective than the person being one of many authors (and not being listed first). When more than one author is listed, how the person contributed as a lead or significant role in the research effort would need to be explained.

The work should be primarily created by the professor or researcher.

The person’s work should be published in publications that have international circulation. Documents from independent sources (e.g., the publishers, media guides) should be able to show that the publications have large international distributions. For example, an academic physician was invited to write multiple chapters of a medical textbook that is widely used in multiple countries, or an economics researcher’s case study is listed as required reading for doctorate students in multiple countries.

The person’s work can be published in a conference setting.

Low citations or low publication rates can still be effective evidence if this is due to factors inherent in the nature of their academic field. For example, it is common for researchers in mathematics to have a relatively lower publication rate, or in some circumstances there is a difference in publication rates between researchers who are in academia and researchers who are in the private industry.

Documents to Prepare (Authorship of Scholarly Books or Articles)

Commonly used documents to prove that the person has authorship of scholarly books or articles in their field under an EB1b green card petition includes but is not limited to:

The citation records can be provided by copies of citation indexes, displaying the number of citations, and the titles of the articles that cited the person’s work. Full articles of all citations do not need to be provided.

The record of scholarly articles can be provided by results from scholarly literature search websites (e.g., SciFinder, Google Scholar) or paper copies of the person’s articles that show the person as the author, the title of the article, and the journal it was published in.

Documents that include information such as the significant impact the person’s scholarly article has in their field of expertise, the date it was published, the number of copies printed for circulation, the frequency of the publication, and the targeted readership of the publication should be provided.

Documents that show the person’s work has international recognition, such as a university or college course syllabi that lists the person’s publications as required reading, serving in a leading role for international research collaboration projects, invitations to present work at prestigious international conferences, expert letters and testimonials, and published reviews that are favorable to the person’s publications.

Documents that show the selectiveness and prestige of the journal that published the person’s work should include information such as the ranking of the publication or the impact factor of the publication.

Documents that show the significance of the publications that are published in conferences should include information such as the attendance numbers, brand-name conference sponsors, examples of other well-known people who also presented work at the conference, and the selection criteria and process in picking presenters for the conference.
The scholarly article should be submitted in the same media format in which it was published. For example, a photocopy of the printed article should be provided if the article was originally published in print or a PDF print-out from the website should be provided if the article was originally published online.

Three Years Teaching or Researching Experience

The person has at least three years of teaching or research experience in the specific academic field.

The EB1b green card petition requires the person to have at least 3 years of experience in teaching or researching in their academic field. The experience of teaching or researching while the person was pursuing an academic advanced degree (e.g., PhD degree) can be included if (1) the person earned the advanced degree and (2) the person had full responsibility over the class taught, or (2b) the research done for the degree was recognized as outstanding in the academic field. The standard here for the research done as a student is “outstanding” which is considered lower than the “internationally outstanding” standard used in the other parts of this EB1b green card petition.

Documents to Prepare (Three Years Teaching or Researching Experience)

Commonly used documents to prove that the person has at least three years of teaching or research experience in the academic field under an EB1b green card petition includes but is not limited to:

Experience letters from current or former employer(s) that include:

o the name, address, and title of the writer

o the dates of employment

o a detailed description of the person’s work duties

Expert letters that explain the person’s research were considered outstanding in the academic field.

Job Offer for Tenure (or Tenure-Track) Teaching Position or Permanent Research Position

The EB1b green card petition cannot be self-sponsored and requires the person to have a job offer from a sponsoring U.S. employer. The job offered under the EB1b green card petition must be a tenured (or tenure-tracked) teaching position or a permanent research position. The U.S. sponsoring employer under the EB1b green card petition can only be a university, institution of higher education, or a department, division, or institute of a private employer (that employs at least 3 full-time researchers and is considered accomplished in the academic field).

Under the EB1b green card petition, there are three combinations of qualifiable job offers and U.S. employers:

(1) A tenure or tenure-track teaching position from a U.S. university or institution of higher learning.

The teaching position must be tenured or on the tenure-track.
The employment offer or employment contract can be at will and it does not necessarily need a good cause for termination provision, however, it must be shown by other documents that the overall nature of the teaching position is indeed tenured or on the tenure-track. For example, tenure can be shown in the employee handbook or by the benefits the person receives.

(2) A permanent research position from a U.S. university or institution of higher learning.

The permanent research position must be for an indefinite term or have unlimited duration, and continued employment is usually expected unless there is a good cause for termination. For example, in most cases, a contract to work on a research project for one year (a predetermined employment end date without any other evidence to show indefinite continuance) will likely not be a qualified job offer under this criterion.

For permanent research positions funded by grants that have employment contracts with predetermined employment end dates, the permanency of the position may still be proven if the employer can show that it has the intent to continue to seek funding and that there is a reasonable expectation funding will be continued. For example, there were multiple regular renewals of grants in the past for the extended long-term research project, or where policy handbooks show that temporary positions are permitted to be renewed indefinitely.

(3) A permanent research position with a private employer if the employer has documented accomplishments in the field of research and has at least three full-time researchers employed.

The “documented accomplishments” must be the accomplishments of the department, division, or institute of the private employer, and not of the individual employees who work there.
The person themselves cannot be included to satisfy the “3 full-time researchers” requirement.
New companies or companies that have proprietary products may have difficulty showing documented accomplishments.
Not all titles that include “researcher” automatically qualifies as a researcher position under the EB1b green card petition. The research position should involve innovation of new systems or new theoretical frameworks and not merely applying existing designs or technology that cater to specific client directions. For example, a software research engineer using existing knowledge to create a new software that does not show any significant development in computer programming would not qualify as a researcher here.
The research done for a private employer must be comparable to the scholarly or advanced theoretical research done at universities or institutions of higher learning. Some examples that were seen as qualified researcher positions for private employers in the past included vice president of engineering, algorithm research scientist, and senior software research engineer. Please note all cases are fact specific and the titles may not necessarily work in different cases.
The U.S. sponsoring employer must also need to have the ability to pay for the offered wage of the person at the time of their priority date.

Effective and Qualifiable Items (Job Offer from Qualified Employer)

Below are some general guidelines as to what usually satisfies the “job offer from qualified employer” requirement under an EB1b green card petition.

Government agencies cannot qualify as a private employer and can only file EB1b green card petitions for professors or researchers when it is a university or an institution of higher education. In some cases, entities that are a combination of private and public agencies may be able to qualify as private employer such as the Smithsonian, Fannie Mae, or 501(c)(3) nonprofits receiving a state budget.

Non-Effective Items (Job Offer from Qualified Employer)

Below are some general guidelines as to what items are usually considered non-effective or less-effective in satisfying the “job offer from qualified employer” requirement under an EB1b green card petition.

Adjunct positions, temporary positions, fellowships that have limited durations, or other comparable positions where the person would not have a reasonable expectation that they will have long-term employment with the university or institution of higher learning are not considered effective.
Oral employment offers, supporting statements of employment, or cover letters submitted with the EB1b green card petition that describe the employment cannot substitute the actual written job offer from the U.S. employer. The actual job offer should be an official letter from a representative who has actual hiring authority at the sponsoring U.S. employer.

Documents to Prepare (Job Offer from Qualified Employer)

Commonly used documents to prove that a person has job offer for a tenure or tenure-track teaching position or permanent research position from a qualified U.S. employer under an EB1b green card petition includes but is not limited to:

Employment contracts
Offer letter
Documents that show permanency of the position, such as employee handbook, a good cause for termination provision in the employment contract.
Documents that show the employer has continuing ability to pay the offered wage at the time of the priority date:

o Employer’s annual report

o Federal income tax return

o Audited financial statement

For private employers, documents that show at least three full-time researchers can include:

o Employer’s annual reports

o Any other supporting evidence

For private employers, documents that show accomplishments in the academic field can include:

o Media coverage

o Being awarded large sums of grant money

o Invitations to national or international conferences to present work

o Independent expert support letters

The U.S. sponsoring employer must also need to have the ability to pay for the offered wage of the person at the time of the priority date.

CONCLUSION (TLDR)

The overall emphasis on the documents and requirements/criteria of an EB1b green card petition is that international recognition must be shown. Independent expert letters are the main source of evidence for the EB1b green card petition.

The requirements for an EB1b green card petition are extensive and while ticking the boxes of requirements sounds simple enough, figuring out what items should be included and strategizing how the petition is presented is not. It is common practice and strongly encouraged to obtain an attorney for employment-based green card petitions.

Alternatives to the EB1b Green Card Petition

For people who qualify for the EB1b green card petition (Outstanding Professor and Researcher), it is possible that the person can also qualify for an EB1a green card petition (Alien of Extraordinary Ability) which is less restrictive as it can be self-sponsored (where the person can pay and start the green card petition by themselves) and it does not require a specific U.S. employer just proof that the person will continue to work in their field of expertise. In some circumstances, it may be beneficial for the person to pursue an EB1a green card petition and an EB1b green card petition at the same time.

For people who do not qualify for the EB1b green card petition yet, the closest alternative would be filing a National Interest Waiver (NIW) with an EB2 green card petition. The EB2 National Interest Waiver green card petition would require the person to have at least a master’s degree (or its equivalent) or have exceptional ability (lower standard than the extraordinary ability in the EB1a green card petition) in the sciences, arts, or business, and the person would also need to show that their work will be able to benefit the United States significantly.

Other alternatives would be the more commonly used employment-based green card petitions such as the regular EB2 green card petitions (Advanced Degree) and the EB3 green card petitions (Professional, Skilled, Other Workers). These types of employment-based green card petitions usually require a sponsoring U.S. employer and a PERM Labor Certification.

HAVE A EB1b GREEN CARD IMMIGRATION QUESTION? CONTACT US

If you have an EB1b green card (Outstanding Professors and Researchers) immigration question, please fill out our contact us form or send us an email with some basic information about your background and your immigration needs. We will do our best to respond within 48 hours.

How we can help?

Kylie Huang Law’s immigration attorney will help identify whether the EB1b green card is the appropriate immigrant visa category for the client’s professional background. We will work closely with our client to prepare a convincing case for their EB1b green card petition and we will also strategize on how the EB1b green card petition should be presented to achieve the best chances of approval. It is strongly advised and common practice to retain an immigration attorney for an EB1b green card petition due to the complexities in the immigration process and visa requirements.

Table of Contents