Outstanding Professors or Researchers (EB-1B)

• Outstanding Professor or Researcher
• Who qualifies?
• What are the procedures for filing?
• How long does this process take?
• What are the advantages of this type of petition?
• What are the disadvantages compared with other options?

Outstanding Professor or Researcher

"Outstanding professors or researchers" (EB-1B) is an achievement-based opportunity for a green card.  This category is for professors and researchers who are recognized internationally as outstanding in his or her academic field. 

Qualifications for Outstanding Professor or Researcher petition

To qualify as an Outstanding Professor or Researcher, you must meet the following basic requirements:

• Hold a tenure-track faculty position or have a permanent job offer; and,
• Have at least 3 years of prior teaching or research experience (can include Ph.D. or postdoc research if that research has been recognized as "outstanding").

In addition, you must also meet at least 2 of the following 6 alternative criteria:

• Received major prizes or awards for outstanding achievement;
• Belong to associations that require outstanding achievement;
• Published material (written by others) about your research;
• Served as judge of the work of others in your field;
• Contributed original work to your field; and/or,
• Authored scholarly articles or publications.

Filing Procedures

This petition is filed using the Form I-140 Immigrant Petition for Alien Worker.  This petition and supporting documents are filed directly with the appropriate Service Center of the U.S. Citizenship and Immigration Services. You do not have to file anything with the Department of Labor.  You may also file your permanent residency application at the same time as your I-140 Petition, and receive work and travel authorization.

Timing

The processing times for this type of petition depends on the Service Center's case load, which can vary greatly over time.  Current processing times are estimated by all of the Service Centers, but those are just estimates.

Advantages Over Labor Certification

A green card petition as an Outstanding Professor or Researcher does not require a labor certification application.  This process is considerably faster than obtaining permanent residency through the labor certification process. You can file your petition and your application to become a permanent resident at the same time (which is called "concurrent filing.")  In this way, you can obtain your work authorization and advance parole document (allowing you to travel internationally) much sooner than you could if you try to obtain your green card through the labor certification process.  You can also receive work and travel authorization for your spouse and children.

Disadvantages Compared with Other Options

You have to be outstanding – not just very good - to qualify for this category.  Not everyone qualifies.  Unlike the Aliens of Extraordinary Ability category (EB-1A), the Outstanding Professors or Researchers (EB-1B) category requires a permanent job.  This means that you cannot self-petition under the Outstanding Professors or Researchers category.

For more information, please see our frequently asked questions about the Outstanding Research and Professor petition page.  If you would like Peng & Weber to review your credentials to determine if are likely to qualify, please contact Peng & Weber for a free evaluation or consultation.