The EB1B green card, also known as the “Employment-Based First Preference” visa, is designed for outstanding professors and researchers. It offers an excellent pathway to permanent residency in the United States for academics and scholars who have made significant contributions to their field. This visa is part of the broader EB1 category, which includes individuals with extraordinary abilities (EB1A) and multinational executives or managers (EB1C).
In this guide, we will explore the intricacies of the EB1B green card, highlighting its eligibility requirements, application process, benefits, and more.
What is the EB1B Visa?
The EB1B green card is a highly sought-after immigration option designed for individuals who have achieved international recognition for their academic or research contributions. It is intended specifically for professors and researchers who are recognized as being at the top of their field and have a solid record of accomplishments.
To qualify for an EB1B green card, applicants must fulfill several key requirements. First, they must demonstrate that they have at least three years of experience in teaching or research in their field, not necessarily both. This experience can be accumulated either in the U.S. or abroad. Additionally, they must be offered a permanent, tenure-track, or similarly permanent research position by a qualifying U.S. employer, typically a university or research institution.
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. You must be entering the United States to pursue tenure or tenure track teaching or a comparable research position at a university, institution of higher education, or private employer.
The EB1B visa is unique in that it allows applicants to bypass the labor certification process, which is a significant benefit. In other green card categories, the employer must demonstrate that no qualified U.S. workers are available for the position, which can delay the application.
However, the EB1B visa skips this step, significantly speeding up the process for highly qualified academics.
Also Read: How hard it is to get an EB-1A Green Card
EB1A vs. EB1B Visa
Although both the EB1A and EB1B green cards fall under the EB-1 category for priority workers, there are important distinctions between them. The EB1A visa is for individuals with extraordinary abilities in various fields, such as science, arts, education, or athletics. These individuals must be able to demonstrate sustained national or international acclaim and prove that they are at the pinnacle of their profession. A major advantage of the EB1A visa is that applicants can self-petition, meaning they do not need a job offer from a U.S. employer.
In contrast, the EB1B visa is tailored for professors and researchers. Unlike the EB1A, applicants for the EB1B green card cannot self-petition; they must be sponsored by a U.S. employer with a history of conducting research. Moreover, the requirements focus specifically on academic and research excellence. The EB1B visa is also more lenient in terms of the required level of achievement—while international recognition is necessary, the standards are generally not as high as those for the EB1A visa.
Also Read: What are EB1A, EB1B, EB1C Visas?
What are the Benefits of the EB1B Visa?
The EB1B green card offers a range of benefits, making it an attractive option for qualified academics and researchers:
- No Labor Certification: One of the most significant benefits of the EB1B visa is that it does not require labor certification. This means that the sponsoring employer does not have to prove that no qualified U.S. workers are available for the position, which is a time-consuming requirement in many other employment-based green card categories.
- Priority Processing: The EB1B visa falls under the first preference category for employment-based green cards, meaning it has a higher priority in terms of visa availability compared to other categories. This can significantly reduce wait times for applicants.
- Green Card for Family Members: The EB1B visa allows the applicant’s spouse and unmarried children under 21 to obtain permanent residency as well. This enables the entire family to relocate to the U.S. together and enjoy the benefits of permanent residency and the American dream.
- Career Flexibility: Once an EB1B green card is granted, the applicant is not restricted to their original employer. They can move to a different institution or even pursue other career opportunities within their field without affecting their immigration status.
- International Prestige: Obtaining an EB1B green card reflects a high level of recognition in the academic and research community, boosting the applicant’s professional standing both in the U.S. and internationally.
Chances of Approval for EB1B Visa
While the EB1B green card has stringent requirements, applicants with a solid academic or research background and international recognition in their field have a good chance of approval. Success largely depends on the ability to provide strong evidence that meets the criteria established by U.S. immigration authorities. The following factors contribute to the chances of approval:
- Strong Evidence: The applicant must provide compelling evidence of international recognition. This can include citations of their work, peer-reviewed publications, prestigious awards, and other accolades.
- Letters of Recommendation: Letters from recognized experts in the applicant’s field can be a significant asset. These letters should emphasize the applicant’s contributions and standing within the academic community.
- Job Offer: A permanent or tenure-track position at a qualifying U.S. institution is mandatory for the EB1B visa. Without such an offer, an applicant cannot move forward with their petition.
Also Read: Concurrent Filing of Form I-130 and I-485 for Green Card Application
Criteria to qualify for EB1B
To qualify for the EB1B green card, applicants must meet at least two of the following criteria, demonstrating that they have attained international recognition in their field:
Examples of Documentary Evidence That a Person is an Outstanding Professor or Researcher
To demonstrate you are an outstanding professor or researcher, you must include evidence of 2 of the 6 listed criteria below (or comparable evidence if any of the criteria do not readily apply):
- Evidence of receipt of major prizes or awards for outstanding achievement
- Evidence of membership in associations that require their members to demonstrate outstanding achievement
- Evidence of published material in professional publications written by others about the noncitizen’s work in the academic field
- Evidence of participation, either on a panel or individually, as a judge of the work of others in the same or allied academic field
- Evidence of original scientific or scholarly research contributions in the field
- Evidence of authorship of scholarly books or articles (in scholarly journals with international circulation) in the field
Also Read: Filing an I-130 for Spouse Green Card Process and Procedures
What if I Don’t Have Enough Evidence for the EB1B Visa?
If an applicant does not have enough evidence to meet the EB1B criteria, there are still options to strengthen their case. First, it’s important to focus on gathering additional documentation that highlights the applicant’s accomplishments, such as seeking additional publications or collaborating on high-impact research. Another option is to secure more robust letters of recommendation from internationally recognized experts in the applicant’s field, emphasizing their unique contributions.
Working with an experienced immigration attorney like Sweta Khandelwal can also help identify areas where the application can be improved, as they can guide applicants in presenting their evidence in the most compelling way possible, ensuring a higher rate of approval.
EB1B Visa Processing Time
The processing time for the EB1B green card can vary based on several factors, including the applicant’s country of origin, the caseload at the USCIS processing center, and the specific details of the case. Generally, the timeline for processing an EB1B petition involves two stages: the I-140 Immigrant Petition and the I-485 Adjustment of Status (if the applicant is in the U.S.).
- I-140 Immigrant Petition: Once the employer submits the I-140 petition to USCIS, the typical processing time can range from six months to over a year. The exact duration depends on the service center handling the case and the complexity of the petition. For applicants in countries with long backlogs, such as India or China, the wait time can be longer due to visa number availability.
- Adjustment of Status (I-485): If the applicant is already in the U.S. on a different visa, they may apply for an Adjustment of Status (Form I-485) once their I-140 is approved and a visa number becomes available. The processing time for this step can range from six months to a year or more, depending on the USCIS field office handling the case.
The entire EB1B green card process, from filing to approval, typically takes between 12 to 24 months, depending on various factors. However, applicants can significantly reduce wait times by opting for Premium Processing for their I-140 petition.
Also Read: How To Apply for a Marriage Green Card in the United States? A Step-by-Step Guide
EB1B Visa Premium Processing
Premium Processing is an optional service offered by USCIS that allows applicants to expedite the processing of their I-140 Immigrant Petition for the EB1B green card. For an additional fee of $2805, USCIS guarantees that they will process the petition within 15 calendar days. This can be particularly helpful for applicants who need a faster resolution to their case, whether for personal or professional reasons.
It’s important to note that Premium Processing only applies to the I-140 petition and does not affect the processing time for the Adjustment of Status (I-485) or consular processing stages. Additionally, opting for Premium Processing does not guarantee approval; it only guarantees that a response will be made within 15 days. If USCIS issues a Request for Evidence (RFE) during Premium Processing, the clock pauses until the requested information is submitted.
Premium Processing can be an excellent option for applicants who need faster results, but it’s essential to ensure that the petition is thoroughly prepared before submitting it to avoid delays due to RFEs.
Understanding the nuances of processing times and potential ways to expedite your application can be greatly facilitated by consulting with immigration professionals like Sweta Khandelwal.
EB1B Visa Costs
The costs of obtaining an EB1B green card can be substantial, including filing fees, legal fees, and associated costs for gathering necessary documentation. The main expenses include:
- USCIS Filing Fees: The fee for filing Form I-140 (Immigrant Petition for Alien Worker) is $715. If applicants opt for Premium Processing, an additional fee of $2,805 is required.
- Adjustment of Status or Consular Processing Fees: If applying for Adjustment of Status within the U.S., the fee for Form I-485 is approximately $1,440 (including biometrics). If the applicant is outside the U.S., consular processing fees will apply.
EB1B Lawyer Fees
Hiring an immigration lawyer is strongly recommended for the EB1B visa process, as it can be complex and requires extensive documentation. Legal fees for an EB1B petition typically range from $5,000 to $10,000, depending on the attorney’s experience, the complexity of the case, and the level of service required. Some attorneys offer payment plans or flat fees to help applicants manage costs.
Also Read: I-485, I-130, I-864, and I-765 Forms Experience for Green Card Through Marriage
EB1B Processing Fees
In addition to lawyer fees and premium processing, applicants must be prepared to cover the following mandatory fees associated with the EB1B green card process:
- I-140 Petition Fee: This fee is $715 and is required for filing the Immigrant Petition for Alien Workers. It must be paid by the employer sponsoring the applicant.
- I-485 Adjustment of Status Fee: For applicants already in the U.S., filing Form I-485 costs approximately $1,440, which includes the biometric services fee. If applying from outside the U.S., the consular processing fee (for visa issuance) will be required instead.
- Medical Examination Fee: Part of the adjustment process involves a medical examination by an authorized civil surgeon. The cost can vary but typically ranges from $200 to $500.
- Work Permit and Travel Authorization Fees: Applicants may also need to pay additional fees if they wish to apply for a work permit (Form I-765) or travel authorization (Form I-131) while their I-485 application is pending. These costs are usually included if filed together with the I-485, but there may be extra fees if filed separately.
Conclusion
The EB1B green card presents an excellent opportunity for professors and researchers seeking permanent residency in the U.S. with fewer barriers than other visa categories. While the process is rigorous, individuals with strong academic backgrounds, demonstrated international recognition and sponsorship from a U.S. employer can leverage the EB1B to secure their green card.
Whether you need help gathering evidence, understanding the complexities of the EB1B criteria, or expediting your application through premium processing, working with an experienced immigration attorney is crucial. For those considering the EB1B visa, having a knowledgeable legal team by your side can make all the difference in successfully navigating the process and securing approval.
If you’re a professor or researcher looking to apply for an EB1B green card, Law Offices of Sweta Khandelwal, led by experienced attorney Sweta Khandelwal, can provide the expert guidance you need. With over 18 years of experience.
Contact Sweta Khandelwal today for a consultation and take the next step toward securing your EB1B green card and achieving your American dream.
Disclaimer
Please note that the prices listed for visa services are estimates and may vary in real-time. We recommend consulting the official government websites or other authoritative resources for the most up-to-date pricing information. These estimates do not constitute a guarantee of costs, and fees may change without notice.
