Eligibility:

The EB-1B visa is reserved for individuals who can demonstrate exceptional achievements in an academic field and have a substantial record of accomplishments in teaching or research. To qualify, applicants must have at least three years of experience in a teaching or research position in their respective academic area.

Furthermore, applicants must receive an offer of employment from a sponsoring employer, typically a college, university, or research institution. For those pursuing careers in academia, the offer must be for a tenure-track or comparable position.

Requirements and Documentation:

Applicants must provide substantial documentation to USCIS to support their EB-1B visa petition. This includes evidence of high achievement in their academic field, endorsements from recognized experts in the field, and a formal job offer from a qualifying academic institution.

The documentation should demonstrate that the applicant meets at least three of the following criteria:

• Receipt of major awards or prizes for outstanding achievement.
• Membership in associations that require outstanding achievements from their members.
• Publication of research articles or scholarly books in professional publications.
• Participation as a judge of the work of others in the same or allied academic field.
• Contribution of original research or scholarly work in the field.

The applicant must be recognized as an authority in their academic field, with significant achievements acknowledged by experts in the field.

Unlike some other employment-based visas, applicants for the EB-1B visa cannot self-petition. Instead, the employer offering permanent employment acts as the petitioner on behalf of the applicant.

Validity:

Once granted, the Permanent Residence card (green card) is initially valid for 10 years and must be renewed before expiration. However, the permanent resident status does not expire.

In certain cases, conditional permanent resident status may be granted, requiring the cardholder to apply to remove the conditions within two years. Following this, the permanent resident card is valid for successive 10-year periods.

Family Members:

Spouses and children under the age of 21 are eligible to accompany the primary visa holder as derivative beneficiaries of an approved I-140 petition.

Jurisdiction:

EB-1B visa petitions are processed directly with USCIS, with priority dates determined. Upon approval of the I-140 petition, applicants have the option to adjust their status within the US or undergo consular processing overseas.

Each EB-1B visa application is unique, and determining eligibility can be complex. For personalized guidance on your EB-1B visa application, we recommend consulting our firm to assess your qualifications and explore your options.