When & why EB-1B?

For those who don’t meet enough criteria to qualify for EB1A, EB1B might be an option particularly if they enjoy sponsorship support from their employer.

EB1B criteria applies to 'Outstanding Professors' or 'Researchers'.

EB-1B I-140

Sponsorship does not mean financial sponsorship, and the applicant must pay the fees if the employer can provide the necessary documents for sponsorship.

Your employer must file form I-140. Labor certification is not needed.

The private employer must show that it employs at least 3 full time researchers.

Time

With proper planning, an EB-1B approval can be achieved in 2 years time.

Although this can vary from individual to individual and is based on the amount of work put in and productivity achieved.

Criteria

There are a total of 6 criteria, details can be found in weblink

https://www.uscis.gov/working-in-the-united-states/permanent-workers/employment-based-immigration-first-preference-eb-1

At least 2 criteria must be met for eligibility to file under EB-1B.

USCIS follows 2-part approach to approve the case. While meeting the criteria is one part, USCIS looks for sufficient evidence that proves that the applicant is outstanding and internationally recognized in their field.

Scholarly activities

'Evidence of authorship of scholarly books or articles (in scholarly journals with international circulation) in the field'

Few (at least 4 to 5) have to be first author papers

Having one would make you qualify, however, to establish significance, it is recommended to have as many first author papers as possible

Although there is no magic number, 15 to 20 total papers would be a good start

Judging

'Evidence of participation, either on a panel or individually, as a judge of the work of others in the same or allied academic field' OR 'Evidence that you have been asked to judge the work of others, either individually or on a panel'

Journal article peer-reviews help satisfy this criterion

Again, having one peer-review would make you qualify, however, to establish significance, roughly more than 20 peer-reviews are needed.

IMPORTANT: The evidence that USCIS accepts under this criteria is the final 'Thank You' email that you receive from the journal - SAVE THEM.

Some journals provide you with an electronic reviewer certificate for every review you have done.

Original contributions

'Evidence of original scientific or scholarly research contributions in the field'

Citations record is the proof to submit under this criteria

Create a google-scholar profile and monitor your citations report

This is the most 'grey' area among the eligibility criteria.

Depending on the immigration officer, 200 citations could do the trick, or they can ask for 2000+ citations!

About you

'Evidence of published material in professional publications written by others about the non-citizen's work in the academic field'

Although this criteria refers to published material about you in major media, it all depends on the lawyer how they write up your case

Memberships in associations

'Evidence of membership in associations that require their members to demonstrate outstanding achievement'

While many submit criteria such as FACP, sigma Xi full membership, it is not clear whether they qualify as most beneficiaries of EB1B do not need this criteria to qualify especially if they applied as an outstanding researcher.

Lawyers generally recommend providing evidence of memberships in organization which sends invitations to outstanding members and admission is limited.

Letters

Support letters are an important part of EB-1B application.

There is no better evidence than 'Support Letters' to satisfy the required evidence to prove that the applicant is outstanding and internationally recognized in their field.

It is highly recommended to have at least one letter and preferably more written by a doctor who is highly accomplished and is from an international location to establish international recognition.

When you approach your letter writers, keep your CV ready and make it clear that you a requesting a support letter based on your professional work in your field.

Contact me for sample email requesting such a letter

Identify at least 6 people who will write/ sign such a letter for you beforehand, so that when the time comes you have your letter writers ready

Lawyers

Hire a well reputed lawyer to handle your EB1B case.

In many cases, it may be sufficient to have your employer’s lawyer represent your case, especially if they have a successful track record.

It is a general notion that EB-1B cases are easier to get approved because the criteria required to satisfy are less rigorous. While that is true, due diligence must still be exercised from your side, as rejections can still occur.

Most lawyers would be able to file both EB1B and EB1A at the same time. Filing EB1A is recommended for those who qualify and who intend to change the job very soon after approval

Outcome of one application does not affect the other. If you receive an approval from either one application first, you are allowed to withdraw the other.

Plan ahead

As mentioned under EB-1A, plan ahead and prepare early for your green-card

(do read the EB-1A information as well, as there is good amount of overlap between EB-1A & EB-1B)

Thanks Dr. Gurusaravanan for this section!