Professor (EB-1B) | owenlawpc

Outstanding Professors and Researchers
(EB-1B)

The Outstanding Researcher or Professor is a first-preference employment-based petition. EB-1B is mainly applicable to outstanding professors or researchers who have gained international reputation in specific scientific and academic fields and are widely recognized in said field.

The requirements for being considered an Outstanding Researcher/Outstanding Professor

For consideration, at least three years of relevant research or teaching experience is required. EB-1B does not need to apply for a PERM Labor certification, however EB-1B requires the permanent job offer from the employer. According to 8 C.F.R. §204.5(i)(3)(ii), experience in teaching or research while working on an advanced degree may be counted if a degree is acquired, and the person had full responsibility for the class taught, or their research has been recognized as outstanding within the academic field

BB. The requirements of Outstanding Researcher/Outstanding Professor

How to judge an "Outstanding Researcher/Outstanding Professor" (based on the Immigration & Nationality Act website):

1) They must have earned an impressive international reputation within a particular scientific or academic field, and have their achievements become widely recognized.

2) They must have at least three years of relevant research or teaching experience within a particular scientific or academic field.
The accumulated teaching and research experience of aliens during the period of studying for an advanced degree can be taken into account. But the premise is that the alien needs to obtain an advanced degree. Experience in teaching or research while working on an advanced degree may be counted if a degree is acquired, the person had full responsibility for the class taught, or the research has been recognized as outstanding in the academic field.

3) They must have a permanent job offer for a research position, or a tenured teaching position from their sponsoring employer.
Permanent job offer means that employers offer jobs without deadlines, and employees can continue to work unless they are fired for any reason. Most jobs can be considered permanent jobs, except for jobs with clear deadlines. Part-time jobs can also be recognized as permanent jobs if there is no fixed time limit. In addition, a permanent job position can be a future job opportunity offered by the employer to the applicant. This includes:

a) Tenure (or tenured track) teaching position within a university or institution of higher education;
b) A comparable position at university or institute of higher education to conduct research;
c) A comparable position to conduct research with a private employer if it employs at least 3 full-time researchers and the departmental, division or institution has achieved documented accomplishments in an academic field. However, research will not include engineering or product design because such activity is the “technological application of existing research.”

When the above three criteria are met, the beneficiary must also meet at least two of the six criteria of the Immigration & Nationality Act:

1) Documentation of the alien's receipt of major prizes or awards for outstanding achievement in the academic field;

Professional Attorney Analysis: This can be any national award or internationally recognized award, or a major award in the provincial or municipal region.

2) Documentation of the alien's membership in associations in the academic field which require outstanding achievements of their members;

Professional Attorney Analysis: Based on the experience of our team, it is very difficult for applicants to meet this criterion. Most associations that only need to pay application fees or membership fees will not be accepted by USCIS.

3) Evidence of published material about you in professional or major trade publications or other major media

Professional Attorney Analysis: According to the circulation of media, we can judge whether the media belongs to the "main media". However, with the progress of society and science and technology, more and more paper media have withdrawn from the stage of history, and the judicial standards of USCIS have also changed. Now USCIS also accepts the reports from the Internet media. The main Internet media in China, such as Sina, Sohu, Tencent News and Phoenix News, are all accepted Chinese media. The media in Europe and America need to be mainstream media or related professional media, such as www.techcrunch.com, www.thenextweb.com, etc. Media coverage must include headlines, dates, authors, and detailed translations. In addition, in recent years, USCIS has been more and more strict in checking media coverage. Simple media coverage is of no significance to EB-1A application. Media coverage needs to be specific, preferably in the form of exclusive interviews.

4) Evidence that you have been asked to judge the work of others, either individually or on a panel

Professional Attorney Analysis: Applicants must complete at least three reviews if they want to meet this criterion. Applicants in the field of science need at least 8 to 10 reviews. The applicant must evaluate and appraise the works of others in his or her professional field or other related fields.

5) Evidence of your authorship of scholarly articles in professional or major trade publications or other major media

Professional Attorney Analysis: USCIS pays more attention to the quantity and quality of articles. Many applicants mistakenly believe that publishing a lot of articles in a short time can meet such requirements. USCIS will focus on citation of articles published by applicants. Generally speaking, it is easier for applicants in the fields of medicine, biology, chemistry, physics and other natural sciences to obtain a large number of citations. The articles of applicants in computer, mathematics and some liberal arts fields will be less cited.

6) Evidence of your original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field

Professional Attorney Analysis: This criterion is the most flexible of all the 10 criteria, and can be considered as an "all-round" option for Aliens of Extraordinary Ability. Generally speaking, we suggest that clients should patent application certificates, expert recommendation letters, business contracts and other evidence.

Application process and required documentation for EB-1B

The application process of EB-1B:

STEP 1: Preliminary assessment
Potential clients will receive the result in one business day.

STEP 2: Sign the agreement and prepare the materials.
Time for preparation: 15 days to 3 months.

STEP 3: Submit all the materials to USCIS.
Option 1: Choose premium processing
You will get the application result within 15 days.
Option 2: Choose ordinary processing
You will get the application result within 3 to 7 months.

STEP 4:
Situation 1: I-140 is approved by USCIS.
Situation 2: I-140 is denied by USCIS.
Situation 3: A Request for Evidence is sent to the applicant. This response must be received by USCIS within 89 days(if it is approved, the process then continues to situation 1. )

STEP 5:
Situation 1: In the United States, the clients can submit a I-485 application.
Situation 2: Outside the United States, the clients pay a NVC filing fee, submit DS-260, notarization and other materials to the National Visa Center
Note：EB-1B applicants will apply for EB-1B in the United States.

Step 6: Wait for an interview notice from USCIS(I-485) or the U.S. Consulate in Guangzhou (CP).
If visa is available, the client can get the interview notice within 3 to 6 months.
If visa is not available, the client needs to wait.

Step 7: Check-up, interview and obtain an immigration visa.

Step 8: If there is an administrative process, please ask an attorney to submit an inquiry.

Document list of EB-1B

Employer's Permanent job offer Letter or Contract (Including Employer's Information)
Relevant contracts, work certificates and certificates of responsibility that prove over three years of relevant research experience or teaching experience.
The applicant's resume and the letter of recommendation from referees in the same field.

Further, these are the listed documentation in order to prove the applicant fulfills 2 out of the 6 criteria listed in the Immigration and Nationality Act.

A. Awards

Each award should include the following information:
Award presentation date, name, award level, and selection criteria (official website links or documentation);
The introduction of the award and the importance of the award (objective evidence such as media reports);
The importance of the organizing committee or the selection committee for awarding awards (website links);
Whether other winners are outstanding talents in the industry (including the introduction of other winners, media reports, etc., focusing on their senior positions or major achievements);
How many people win this award every year?
Previous award winners (focusing on their senior positions or major achievements).

B. Membership in professional associations

Each membership needs to include the following information:
The name of the association, admission time and criteria of membership (which can be searched on the membership certificate or official website), and the position of the association;
Introduction of the Association (Official Website);
Proof that only members who have achieved outstanding achievements can join the association.
If you have joined a professional association and presided over the trial of new members, please explain.

C. Media Reports

Each report should include the following information:
Media reports includes date, place, author, title and circulation, as well as the name and a introduction of the media;

If it is a network media. Please provide specific websites and webpages; It must be a report on the applicant's outstanding talents/skills/awards, etc. Other reports are meaningless;

Whether it has been posted/reproduced (especially in the mainstream media). If so, please provide the website;
If you are interviewed by a TV program (you need to provide interviewers, time, place and content.)

D. Judge/Reviewer

Proof of high experience regarding each judge should include:
Introduction of Qualification and Assessment Projects;
Letter of thanks or certificates;
Records of the manuscript review system;
Introduction about journal;

E. Published Articles

Each article written by the applicant should include:
Complete articles;
Circulation and Independent Citations (CNKI, Google scholar)
Introduction to magazines or periodicals
If it is a book, please provide cover, catalogue, author's article page, if it is a monograph, provide cover catalogue.

F. Original Contributions

The applicant's original contribution in the field information should include:
The original contribution of the applicant in the industry; (Please provide objective evidence, such as media reports, patent, articles, etc.)
Letter of recommendation;
The influence of original contribution on society or real life;
The original contribution is cited by other peers in the industry.
* Above should highlight "originality" and "contribution" (applicant’s original contribution is widely used)

Differences between EB-1A (Aliens of Extraordinary Ability) and EB-1B (Outstanding Researcher or Outstanding Professor)

Outstanding Professors and Researchers (EB-1B)