Outstanding Professors and Researchers
I. EB-1 OUTSTANDING PROFESSORS AND RESEARCHERS
A. Overview
You can apply for green card under employment-based first preference (EB-1) Outstanding Professors and Researchers. The applicable statute is section 203(b)(1)(B) of the Immigration and Nationality Act (the Act), 8 U.S.C. §1153(b)(1)(B)
To get a green card under this category, there are two independent steps. The first step is to file form I-140 along with a petition to verify that you are an outstanding professor, or an outstanding researcher. After your I-140 is approved (see USCIS processing times here), you may file for green card using form I-485. You may file your I-485 concurrently with your I-140, if your priority date is current. See current information on priority date here.
B. Advantages and Disadvantages of EB-1 Outstanding Professors and Researchers
Many people prefer to file as EB-1 outstanding professor or researcher because this category has the relatively short priority date waiting time, and is easier to achieve than EB-1 Alien of Extraordinary Ability.
The only downside is that the person’s employer must sponsor the person to file the form I-140. For the sponsoring employer, the only obligation is to verify that all information on the I-140 is accurate, but has no other obligation otherwise.
C. The Requirements
This category has three criteria: 1) to be recognized internationally as outstanding in a specific academic area; 2) to have at least 3 years of experience in teaching or research in the academic area; and 3) to work at a tenured or permanent position for a university, or at a comparable research position for a private employer. These three criteria are discussed in detail in the following sections.
II. THE FIRST CRITERION
The first criterion is that the petitioner must be recognized internationally as outstanding in a specific academic area. To make this determination, USCIS has listed 6 categories of evidence, of which 2 must be satisfied for this criterion. The 6 categories of evidence are:
1. Documentation of the alien's receipt of major prizes or awards for outstanding achievement in the academic field.
2. Documentation of the alien's membership in associations in the academic field, which require outstanding achievements of their members.
3. Published material in professional publications written by others about the alien's work in the academic field. Such material shall include the title, date, and author of the material, and any necessary translation.
4. Evidence of the alien's participation, either individually or on a panel, as the judge of the work of others in the same or an allied academic field.
5. Evidence of the alien's original scientific or scholarly research contributions to the academic field.
6. Evidence of the alien's authorship of scholarly books or articles (in scholarly journals with international circulation) in the academic field.
III. THE SECOND CRITERION
The second criterion requires the person to have at least 3 years of experience in the appropriate academic field. USCIS accepts relevant teaching and researching experiences for this criterion. According to USCIS regulations, researching experiences attained while working towards an advance degree at a university may be included if the advanced degree was obtained, or if the research was recognized as being outstanding in the field. Similarly, teaching experiences during the attainment of the advanced degree may be included if the individual had full responsibility for the class taught.
IV. THE THIRD CRITERION
The last criterion is that the person must have a tenured or permanent employment. For an outstanding professor, the person must have a tenured, tenure-tracked, permanent teaching or research position at the institution. For an outstanding researcher, the person must have a permanent position, which is legally defined as a position with no definite termination date and may be renewed or continued indefinitely. Also, if the employment is at a private research institution, the private institution must have at least 3 full-time researchers, and has achieved documented accomplishment in the field.
V. CONCLUSION
The criteria for Outstanding Professors and Researchers are the 3 criteria. For the petition to be approved, USCIS must consider the petitioner to be recognized internationally as outstanding.