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EB-1B Outstanding Professors & Researchers

EB-1B is the first-preference green card for researchers and professors who are internationally recognized as outstanding in their academic field and who have a permanent research or tenure-track position waiting for them. Unlike EB-1A, it is filed by the employer and requires only two of six criteria; unlike NIW, it skips the labor certification without having to argue national importance. For a university scientist with a supportive employer, it is often the most direct route to a green card.

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HOW WE HELP

What we work on

01

The employer and the position

A university, an institution of higher education, or a private employer with at least three full-time researchers and documented research accomplishments. The offer must be for a tenured or tenure-track teaching position, or a permanent research position—"permanent" meaning of indefinite or unlimited duration with an expectation of continued employment. We review the offer letter before anything is filed.

02

International recognition as outstanding

Two of six criteria: major prizes or awards, memberships requiring outstanding achievement, published material about your work, judging the work of others, original scientific contributions, and authorship of scholarly books or articles in international journals. As with EB-1A, the criteria are the beginning; the record as a whole must show that you are recognized internationally as outstanding.

03

Three years of experience

At least three years of teaching or research in the academic field, which can include work toward a degree if it was recognized as outstanding or if you had full responsibility for the course. We document it with letters that state dates, duties and full-time status.

04

Working with the employer

Faculty affairs offices, department chairs and HR each hold part of the file. We coordinate the employer's supporting letter, ability-to-pay evidence and the signature process so the petition moves without delay.

OUR APPROACH

How the case moves forward

01

Assess

Review the position, the employer's eligibility and which two criteria the record meets most clearly.

02

Document

Collect the employer's evidence, the experience letters and the recognition exhibits, and draft the petition.

03

File and follow through

File the I-140 and plan the I-485 or consular stage; EB-1 is often current.

HOW WE WORK WITH PETITION CLIENTS

Four elements of our approach; specific service terms are set out in the engagement agreement.

We find the strengths, not just file the materials

We do not write from the folder you send us. We go through your record, ask questions and look for evidence you did not know counted.

Guidance on strengthening your record

Where the record is not yet ready and the plan is realistic, we may advise some clients, at no charge, on how to build it legitimately before filing.

Approve-or-refile option

For eligible clients whose signed engagement agreement includes this option, we will prepare and refile a denied petition without an additional attorney fee, subject to the agreed scope and conditions. Government filing fees and third-party costs are not included unless expressly agreed.

RFE responses included

For full-representation petitions, an RFE response is included when specified in the engagement agreement; stand-alone review services are separate.

COMMON QUESTIONS

Questions we hear often

Practical answers to frequently asked questions. Individual circumstances can affect the best course of action.

Can I file EB-1B myself?+
No. EB-1B must be filed by the employer offering the position. If your employer will not sponsor, EB-1A or NIW may be available on your own record.
Is a postdoc position "permanent"?+
Usually not. A fixed-term postdoctoral appointment generally does not qualify. A research scientist position of indefinite duration, or a tenure-track appointment, does.
EB-1A or EB-1B?+
EB-1B requires fewer criteria and does not demand "extraordinary" ability, but it ties the green card to the sponsoring employer until the I-485 stage. EB-1A is portable but harder to prove. Some researchers file both.
Can a company file EB-1B?+
Yes, if it employs at least three full-time researchers and can document research achievements. Corporate research labs use this category regularly.
Is responding to an RFE included in the fee?+
For full-representation cases where the engagement agreement includes RFE representation, the agreed response work is included. Stand-alone consultations and review-only services do not include RFE drafting or filing.
What is the approve-or-refile option?+
This option is offered to certain eligible clients if expressly included in their signed engagement agreement. For covered denials, we refile within the agreed scope without an additional attorney fee; government and third-party fees remain separate unless agreed otherwise.
THE NEXT STEP

Ready when you are.

Briefly describe your legal needs. We offer a complimentary initial consultation and will discuss the next steps with you.

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