EB-1(B) Outstanding Professor / Researcher Green Card Lawyers in Seattle
Assisting Clients Looking To Come to the USA on an Employment Visa
If you are a professor or researcher with significant experience and have achieved international recognition for your work, the EB-1(b) visa may give you the opportunity to come work and live in the United States permanently and receive a green card for yourself and your family. However, before starting an application, it is important to be aware of the strict eligibility criteria required for this visa category. The attorneys at Stelmakh & Associates, LLC explain how the EB-1(b) visa works, the steps to obtain one, and why getting the help of an immigration attorney may be the best choice for you. If you are considering an EB-1(b) visa, contact Stelmakh & Associates, LLC at 206-558-6288.
What Is the Eb-1(B) Visa?
The EB-1B visa provides professors and researchers an opportunity for a green card based on outstanding achievements in their academic fields. Unlike the EB-1(a) visa, the applicant cannot self-petition, meaning an employer or prospective employer must apply for an EB-1B visa on behalf of the professor or researcher.
To apply for an EB-1B visa, the professor or researcher must have a permanent job or job offer. If the candidate is living in the U.S., an application for a green card may be submitted with an adjustment of status if the Visa Bulletin shows that the EB-1B number is currently available.
How Can You Prove That You Are an Outstanding Professor or Researcher?
You can demonstrate that your research or teaching achievements in your field are outstanding by providing a sufficient amount of compelling documentation. You need to be prepared to show the USCIS that you meet at least 2 of the following 6 criteria:
●Awards: Receipt of major prizes or awards for outstanding achievement.
●Memberships: Membership in associations that require outstanding achievements of their members.
●Published Articles Written by Others About Your Work: Published material in professional publications written by others about your work (more than merely citations to your work).
●Peer Review Activities: Participation as a judge (individually or as a part of a panel) evaluating the work of others in the field.
●Original Contributions: Original scientific, scholarly, or artistic contributions in the field.
●Published Scholarly Articles Written by You: Evidence of authorship of scholarly books/articles in journals with an international circulation.
If you are not sure about whether you meet the minimum requirements for the EB-1(b) visa, it may be best to consult an attorney before continuing with your application.
Do You Need to Have a Standing Job Offer in the U.S. In Order to Apply for an Eb-1(B)?
One of the requirements of the EB-1(b) is to have a qualifying offer of employment from a prospective employer in the United States. If you are being considered for a professor position, the position you are being offered should be permanent or have unlimited duration, meaning positions that are temporary, such as adjunct faculty or limited-fellowship positions, may not be eligible for an EB-1(b) visa, because this type of visa is a permanent immigrant visa.
If you are being considered for a research position, you must also submit evidence showing your job offer is for a permanent position. If your position is for a one-year term that regularly gets renewed and may continue indefinitely, it may still be eligible for the EB-1(b). However, temporary research positions may not meet the criteria, meaning you would likely need to apply for a different type of visa.
What Are the Employer Requirements for an Eb-1(B) Petition?
The prospective employer of an EB-1(b) visa applicant should also meet certain eligibility requirements. First, the employer must present the applicant with a job offer in writing, offering the applicant a permanent position as a professor or researcher. The employer must be a university or institution of higher education.
It should be noted that private employers may also meet the eligibility requirements if they can demonstrate that the department or organization employs at least three full-time employees who dedicate themselves to research activities and that the private employer has achieved significant documented accomplishments in an academic field. Government agencies may not qualify as private employers and may only fit the requirements if the government agency is a university or institution of higher education. Finally, the U.S. employer must show evidence that they are capable of paying the applicant’s salary.
How Can an Immigration Attorney Help?
While no labor certification is required for EB-1(b) applicants, the application process still requires multiple steps, and any mistake or oversight can result in unnecessary delays or even cause the application to be rejected by the USCIS. If you are a professor or researcher and have been offered the opportunity of a lifetime to continue your career while living and working in the United States, you cannot afford to put it all at risk by taking the do-it-yourself approach to your visa application. Let the experienced immigration attorneys at Stelmakh & Associates, LLC handle the entire process on your behalf.
Our legal team has helped countless professionals obtain their EB-1(b) visas and become permanent residents, and we are ready to assist you as well. We can help you verify that you meet all requirements for the visa, gather the necessary documentation and supporting evidence, prepare and mail your application, and serve as a communication partner with your U.S. employer. If you have any questions about the EB-1(b) visa or are ready to start the application process, reach out to our office in Seattle at 206-558-6288.