EB-1B Outstanding Researcher or Professor

Also called EB1-2. You must demonstrate international recognition for your outstanding achievements in a particular academic field. You must have at least 3 years of experience in teaching or research in that academic area. A tenure track or permanent job offer is required. The employer sponsor must also have an established research program with at least three full-time researchers and a demonstrated ability to pay your salary. Unlike the EB-1A, the EB-1B requires an employer petitioner. Curran & Berger has represented a number of esteemed universities, colleges, and research institutions around the country in filing EB-1B petitions for their faculty and staff.

The EB-1B is similar to the EB-1A Extraordinary Ability petition in the sense that a traditional lack of backlogs allows qualifying applicants to be eligible immediately for permanent residence in most cases, often bypassing years of wait time. The criteria for EB-1B petitions differ somewhat from those of the EB-1A petition (See “What are the criteria?” in our FAQ).

When you start an EB-1B case with our firm, we will ask you to provide documentation of your achievements and contributions to the field. For many of our clients, this means evidence of the items listed on their CVs or resumes. Your legal team will then research these accomplishments in the context of your field and craft an argument for why you have international recognition in your professional endeavor. An important part of our submission to USCIS will be expert testimony from others in your field or allied fields who can provide further context for your achievement.

As is the case for EB-1A petitions, EB-1B petitions undergo a two-prong review process per the 2010 decision by the U.S. Court of Appeals for the Ninth Circuit in the case of Kazarian v. USCIS. First, it must be established that the beneficiary meets the specific EB-1B criteria. If the USCIS officer reviewing the case deems that the criteria have been met, a final merits determination is then made. This requires that we establish that the beneficiary is indeed “outstanding.”

EB-1B petitions are very individual. We will work closely with you and your employer to carefully tailor our arguments for your qualification as an outstanding researcher or professor given your specific contributions and achievements .

More detailed information on the EB-1B is available in this article by Attorney Dan Berger, Outstanding Researcher Cases: Issues and Trends.

Our success rate can be found on our Approval Statistics page.

If you would like to discuss a potential EB-1A case with us, please go to our Contact Us page.

See our EB-1B FAQ for more information.