Permanent Residency: EB-1B
Overview of EB-1B: Outstanding Professors and Researchers
For EB-1B, Outstanding Professors and Researchers, the petition must establish that the foreign national is recognized internationally as outstanding in a specific academic field.
Applying for EB-1B
The process for applying for EB-1B, Outstanding Professors and Researchers, involves two steps:
1. File I-140, Immigrant Petition for Alien Workers, with USCIS. UToledo must demonstrate the following:
a. The foreign national is internationally recognized for their outstanding achievement within the academic field. To demonstrate international recognition, they must satisfy at least 2, but preferably more, of the following criteria:
i. Documentation of the individual’s receipt of major prizes or awards for outstanding achievement in the academic field;
ii. Documentation of the individual’s membership in associations in the academic field which require outstanding achievements of their members;
iii. Published material in professional publications written by others about the individual’s work in the academic field. Such material shall include the title, date, and author of the material, and any necessary translation;
iv. Evidence of the individual’s participation, either individually or on a panel, as the judge of the work of others in the same or an allied academic field;
v. Evidence of the individual’s original scientific or scholarly research contributions to the academic field;
vi. Evidence of the individual’s authorship of scholarly books or articles (in scholarly journals with international circulation) in the academic field.
b. They have 3 years’ experience in teaching or research.
c. They have been offered a tenure track or comparable research position at the university.
Standard of Review by USCIS for EB-1B
USCIS will make a totality of determination to decide whether a foreign national is “outstanding.” The types of evidence listed above serve only as guidelines for the USCIS adjudicator and petitioner (UToledo). The evidence provided to USCIS must establish that the beneficiary is a researcher or professor who is internationally recognized as outstanding. Just presenting evidence that relates to two of the listed criteria does not indicate that the petition will be approved.
The I-140 petition typically involves the foreign national preparing a personal statement addressing the criteria above, detailed letters from experts and independent authors in the field attesting to the foreign national’s satisfaction of the criteria above, and evidence demonstrating how the foreign national satisfies the criteria above.
2. I-485, Application to Register Permanent Residence or Adjust Status, (the green card application) with USCIS:
a. This is the final step, and the Employee is responsible for filing the adjustment of status applications and all fees in connection with the application.
b. Information on the I-485 application can be obtained at the USCIC I-485 Application page.
To submit a Permanent Residency Request to OISSS, go to GREEN CARD REQUEST FORM AND AGREEMENT