EB-1(B) Outstanding Professor / Researcher Green Card Lawyers in Seattle

For an EB-1B application, the job position requirements typically involve demonstrating that the foreign national being sponsored is qualified for an outstanding professor or researcher position. The position should meet specific criteria to align with the requirements of the EB-1B category. 

• Academic or research position. The job must be in an academic or research role with a U.S. university, research institution, or a private employer conducting research. It should involve either teaching or conducting research in a specific academic field.
• Permanent or tenure-track position. The job offer should be for a permanent or tenure-track position or a comparable position in the academic or research field to demonstrate the employer’s intention to retain the foreign national long-term.
• Supporting documentation. The employer needs to provide documentation outlining the nature of the position, its requirements, and the qualifications required to fulfill the role (job descriptions, contract details, evidence of the employer’s ability to pay the offered wage, etc).
• Research or teaching responsibilities. The job should primarily involve research or teaching duties within the academic or research institution. The responsibilities should align with the individual’s expertise and achievements in their field.
• Letters of support. Strong letters of support or recommendation from experts in the field reinforce the significance of the position and the individual’s qualifications.
• Evidence of impact. Demonstrate how the individual’s work in this position will contribute significantly to the academic or research field.

Meeting these job position requirements, along with the individual’s outstanding achievements, international recognition, and contributions to the field, is crucial to a successful EB-1B application.

A PhD is not explicitly required for an EB-1 Outstanding Professor or Researcher (EB-1B) petition. However, having a doctoral degree can significantly strengthen your case as it demonstrates a high level of expertise and accomplishment in your academic or research field.

The EB-1B category requires individuals to showcase outstanding achievements, international recognition, and substantial contributions in their field. In cases where an applicant lacks a Ph.D., they might compensate by demonstrating exceptional contributions, such as a significant body of published work, influential research, awards, patents, citations, or other forms of recognition within their field.

The key is to provide compelling evidence demonstrating your outstanding qualifications and impact in your area of expertise, whether or not you hold a doctoral degree.

Tenure and tenure track are terms commonly used in academia, particularly in higher education institutions like universities. They refer to the employment status and career path of professors and researchers.

• Tenure track. When a faculty member is on the tenure track, it means they are on a probationary path toward obtaining tenure. This typically involves a series of steps and evaluations over a specified period, usually several years. Faculty members hired on a tenure track are expected to meet certain criteria, such as demonstrating excellence in teaching, conducting research, and contributing to the university or academic community. During this period, they work towards fulfilling the requirements for tenure.
• Tenure. Tenure is a status granted to a faculty member after completing the probationary period (tenure track). It provides job security and academic freedom, allowing the professor to have a permanent position at the institution without fearing arbitrary dismissal. Tenure is granted based on the faculty member’s achievements, including excellence in teaching, significant research contributions, and service to the institution. It’s considered a mark of professional accomplishment and recognition within academia. Tenure is not automatic; it’s awarded after a thorough review that assesses the faculty member’s performance and contributions.

In summary, tenure track refers to the probationary path leading to tenure, while tenure signifies a permanent and secure position within an academic institution, providing academic freedom and job security to professors and researchers.

Yes, you need an employer to sponsor your EB-1B petition. The employer, often a U.S. university, research institution, or a private employer conducting research, initiates the petition process on behalf of the outstanding professor or researcher.

The employer sponsors the foreign national for the EB-1B visa by filing Form I-140, Immigrant Petition for Alien Worker, with the U.S. Citizenship and Immigration Services (USCIS) on behalf of the professor or researcher. 

The employer must demonstrate that the foreign national meets the eligibility criteria for the EB-1B category, including outstanding achievements, international recognition, and qualifications as an exceptional professor or researcher.

However, in certain cases, if you’re an extraordinary researcher or professor with outstanding achievements and significant international recognition, you may be eligible to self-petition under the EB-1A category, which does not require employer sponsorship. EB-1A is for individuals who can demonstrate extraordinary ability in their field.

It’s essential to assess your qualifications and consult with an experienced immigration attorney to determine the most suitable category for your situation, whether it’s EB-1B with an employer sponsor or EB-1A for self-petitioners.

Yes, you can change employers while pursuing an EB-1B visa, but there are some considerations and steps to follow:

• Your next employer has to file a new Form I-140. If you meet certain conditions, the original approved I-140 petition Priority Date might still be used for the green card process.
• Portability under AC21
• The American Competitiveness in the 21st Century Act (AC21) allows individuals with approved I-140 petitions to change employers under certain conditions. If your I-485 application (Adjustment of Status) has been pending for 180 days or more, and you’re moving to a new job in the same or similar field, you may be eligible to use the earlier approved I-140 petition to continue your green card process with the new employer.
• It’s crucial to ensure that your job change doesn’t significantly alter the basis on which your EB-1B petition was approved. USCIS might review whether the new position meets the outstanding professor or researcher criteria.
• The new job must be similar. If you decide to change employers, the new job should be in a similar field and at a similar level to the one for which the original EB-1B petition was approved. This ensures that the new position aligns with the criteria that qualify you for the EB-1B visa.

Consult an immigration attorney. Changing employers while on an EB-1B visa can affect your green card process. Consulting with an experienced immigration attorney can help you understand the requirements and procedures for changing employers without jeopardizing your immigration status or green card application.

To apply for an EB-1B visa, you need an employer willing to sponsor your petition. The employer can be:

• a U.S. University. U.S. universities or academic institutions sponsor many EB-1B applicants. These employers often hire professors or researchers in various academic fields and can sponsor qualified individuals for the EB-1B visa.
• Research institution. Public and private research institutions engage in significant activities and may seek outstanding researchers or scientists for their projects.
• Private employer conducting research. Some private employers, especially those involved in research and development (R&D) or scientific advancements, may sponsor EB-1B petitions for outstanding researchers or professors in specialized fields.
• Comparable academic or research employers. USCIS allows consideration of comparable academic or research employers who can offer permanent positions similar to those in universities or research institutions. This could include other types of academic or research-based organizations that can meet the EB-1B criteria.

The key requirement is offering a permanent position in an academic or research capacity, such as a tenured, tenure-track, or comparable position. The position should align with your qualifications as an outstanding professor or researcher, allowing you to contribute significantly to your field.

Regardless of the employer type, the offered position must meet the standards set by USCIS for the EB-1B category, demonstrating that it’s a suitable and permanent role for an individual with exceptional expertise and accomplishments in their field.

Consulting with an immigration attorney can determine if your employer and the offered position meet the criteria for the EB-1B visa, and prepare a strong petition.

Yes, private companies can sponsor EB-1B applications for outstanding professor or researcher green cards. While this visa category is often associated with sponsorship from universities or research institutions, private employers engaged in significant research and development (R&D) or advanced scientific work can sponsor individuals for the EB-1B visa.

For a private company to sponsor an EB-1B petition, they must offer a permanent position in an academic or research capacity that aligns with the requirements of the EB-1B category. This position should be comparable to a tenured, tenure-track, or permanent academic or research role.

The key is demonstrating that the offered position aligns with the individual’s outstanding qualifications and accomplishments in their field, allowing them to significantly contribute to the company’s research endeavors.

The employer must provide evidence and documentation supporting the nature of the position, the individual’s qualifications, and the significance of the research or academic work within the company.

While it’s less common for private companies to sponsor EB-1B petitions compared to academic institutions, it’s possible if the employer can meet the stringent criteria USCIS sets for this visa category.

If you’re an extraordinary researcher or professor with outstanding achievements and significant international recognition, you may be eligible to self-petition under the EB-1A or EB-2 NIW categories, which do not require employer sponsorship. EB-1A is for individuals who can demonstrate extraordinary ability in their field. EB-2 NIW is for individuals who have an advanced degree and whose work will impact the U.S. national economy.

Consulting with an immigration attorney with experience in EB-1B petitions and employment-based immigration can help determine if your employer and the offered position meet the requirements for sponsorship.

You needn’t necessarily be a genius to apply for an EB-1B visa as an outstanding professor or researcher. The criteria for the EB-1B category focus more on demonstrating exceptional achievements, international recognition, and significant contributions in your academic or research field.

While some individuals who apply for the EB-1B visa may have exceptional intellectual abilities or have made groundbreaking discoveries, the category is designed to recognize individuals who have made a substantial impact in their field through their work, publications, research contributions, awards, and influence on their academic or research community. “Outstanding” in the context of the EB-1B category means being recognized above average in your field.

Applicants for the EB-1B visa are evaluated based on the evidence they provide regarding their accomplishments, impact, and recognition within their field of specialization. Strong documentation showcasing your notable achievements and contributions is essential to demonstrating eligibility for the EB-1B visa.

Consulting with an experienced immigration attorney who understands the specific requirements of the EB-1B category can help assess your qualifications and help you present a compelling case based on your achievements and contributions within your field.

Certainly, you can still apply for an EB-1B visa even if you don’t have awards or prizes. While awards and prizes can bolster your application by showcasing formal recognition of your achievements, they are not the mandatory criteria for eligibility in the EB-1B category.

The EB-1B visa category requires outstanding achievements, international recognition, and significant contributions to your academic or research field. You can still build a strong case by emphasizing other aspects of your qualifications:

• Publication record. Highlight a robust publication record, including research papers, articles, book chapters, or other publications in reputable journals or conferences. Focus on the quality and impact of your research.
• Citations and impact. Emphasize the number of citations your work has received, especially if your research has been widely cited in influential publications. This demonstrates the impact and relevance of your contributions.
• Peer recognition. Gather strong letters of recommendation from experts in your field attesting to the significance and impact of your research. These letters can reinforce your standing in the academic or research community.
• Innovative research. Showcase any innovations, patents, inventions, or groundbreaking discoveries from your research. Highlight the practical applications or implications of your work.
• Conference participation. Highlight your participation in conferences, symposiums, or seminars relevant to your field. Presenting your research or being invited as a speaker can demonstrate your expertise.
• Leadership and collaborations. Show leadership roles, collaborations with other researchers or institutions, and evidence of grants or funding supporting your research projects.

While having awards or prizes can certainly strengthen your EB-1B petition, the absence of such formal accolades doesn’t necessarily disqualify you. Presenting a compelling case based on your achievements, impact, and contributions to your academic or research field is essential.

Consulting with an experienced immigration attorney who understands the EB-1B requirements can help you strategize and gather the best evidence to support your petition based on your qualifications and accomplishments.

Yes, the EB-1B category, like other employment-based immigrant visa categories, is subject to priority dates. The priority date is when Form I-140, Immigrant Petition for Alien Worker, is filed with USCIS.

The EB-1 category, which includes EB-1A (for individuals with extraordinary ability), EB-1B (for outstanding professors and researchers), and EB-1C (for multinational managers or executives), shares a common set of priority dates under the employment-based first preference (EB-1) classification.

The priority date becomes significant when immigrant visa availability is limited, and a backlog might exist for certain countries or visa categories. Priority dates determine an individual’s place in the queue for visa availability.

The EB-1 category has generally had current priority dates for many countries, meaning that visas were immediately available for eligible applicants without significant waiting periods. However, this can change based on visa demand and annual limits set by the U.S. government.

It’s important to regularly check the Visa Bulletin published by the Department of State to stay updated on current priority date movements and visa availability for the EB-1 category. The Visa Bulletin indicates which priority dates are current and eligible for visa processing, and it’s updated monthly.

If your priority date is current and visas are available, you can proceed with the final stages of your green card application, such as Adjustment of Status (if in the U.S.) or Consular Processing (if outside the U.S.), to obtain permanent resident status (green card) in the United States.

When petitioning for an EB-1B visa (Outstanding Professor or Researcher), you must compile a comprehensive set of documents to support your application. Here’s a list of essential documents commonly required:

• Form I-140 – the Immigrant Petition for Alien Worker is the primary form for the EB-1B petition.
• Supporting evidence – documentation showcasing your outstanding achievements, international recognition, and significant contributions in your academic or research field. This can include:
• Resume (CV) detailing your academic and professional history.
• List of publications. A comprehensive listing of research papers, articles, conference presentations, etc.
• Citations. Evidence of the impact of your research through citations in academic journals.
• Letters of recommendation. Strong letters from experts in your field supporting your qualifications.
• Awards or prizes. If available, documentation of any awards, honors, or prizes received.
• Job offer and description – documentation from the employer offering you a permanent position in an academic or research capacity, such as:
• Offer letter detailing the job position, responsibilities, and qualifications required.
• Job description or contract highlighting the nature of the offered position.
• Educational credentials. Copies of degrees, diplomas, or certificates to demonstrate your educational background and qualifications.
• Evidence of outstanding research or teaching. Documents proving your impact in the field, such as:
• Patents, inventions, or innovations resulting from your research.
• Research projects, studies, or discoveries that showcase your contributions.
• Teaching evaluations, if applicable, demonstrate excellence in teaching.
• Letters of support. Testimonials from colleagues, peers, or other reputable individuals in your field endorsing your accomplishments and impact.
• Documentation of membership or association. Proof of membership in professional organizations or associations relevant to your field of expertise.
• Publications. Copies of published articles, research papers, or any other scholarly works authored by you.
• Translations. Certified translations are required if any documents are in a language other than English.
• Filing fees. The required fees for filing Form I-140.
• Cover letter as an introduction to your petition package to summarize the key points and organize the supporting documents.

This list is incomplete, and the specific documents required can vary based on individual circumstances and the nature of your achievements. It’s advisable to consult with an experienced immigration attorney to ensure that your EB-1B petition includes all the necessary and compelling evidence to support your case.

The EB-1A, EB-1B, and EB-1C visas are all part of the Employment-Based First Preference (EB-1) immigrant visa category, but they have distinct eligibility criteria and are designed for different types of individuals:

• EB-1A (Extraordinary Ability):

• • Eligibility. For individuals with extraordinary ability in sciences, arts, education, business, or athletics.
  • Criteria. Applicants must demonstrate sustained national or international acclaim and achievements in their field, evidenced by extensive documentation of achievements, awards, publications, significant contributions, and recognition.
  • No employer sponsorship. Individuals can self-petition without the need for a job offer or employer sponsorship.
  • Priority date. Often has current priority dates, allowing immediate filing for Adjustment of Status (if in the U.S.) or Consular Processing (if outside the U.S.).

• EB-1B (Outstanding Professor or Researcher):

• • Eligibility. For outstanding professors or researchers.
  • Criteria. Applicants should demonstrate outstanding achievements in their academic or research field, such as international recognition, significant publications, awards, or influential contributions.
  • Employer sponsorship. Requires an employer (usually a university, research institution, or private employer conducting research) to sponsor the petition by offering a permanent academic or research position.
  • Priority date. Shares the same priority date system as other EB-1 categories, with visa availability based on demand and annual limits.

• EB-1C (Multinational Manager or Executive):

• Eligibility. For multinational managers or executives transferring to a U.S. office of the same employer.
• Criteria. Applicants must have been employed for at least one year in the past three years by a multinational company outside the U.S. in a managerial or executive role and intend to continue working in a similar capacity in the U.S.
• Employer sponsorship. Requires an employer to sponsor the petition for a managerial or executive position in the U.S.
• Priority date. Shares the same priority date system as other EB-1 categories, subject to visa availability based on demand.

While all three categories fall under the EB-1 preference, they cater to different types of individuals based on their extraordinary abilities, outstanding achievements, or managerial/executive roles in multinational companies. Each category has specific criteria and requirements that applicants must meet to qualify for permanent residency (green card) in the United States.

No, the EB-1B (Outstanding Professor or Researcher) category does not require labor certification as part of the petition process. Labor certification, a process to demonstrate that no qualified U.S. workers are available for a particular job position, is typically required for some employment-based immigrant visa categories, such as the EB-2 and EB-3 categories.

However, the EB-1B category, reserved for outstanding professors or researchers, does not mandate labor certification. Instead, the emphasis is on demonstrating the individual’s exceptional qualifications, outstanding achievements, and significant contributions to the academic or research field.

The employer sponsoring the EB-1B petition must provide evidence that the offered position is a permanent academic or research position and that the individual meets the criteria for an outstanding professor or researcher. This includes showcasing the candidate’s international recognition, significant publications, awards, or influential contributions in their field.

While labor certification is not required for EB-1B petitions, the employer must still file a Form I-140, Immigrant Petition for Alien Worker, with USCIS on behalf of the outstanding professor or researcher to initiate the green card process under the EB-1 category.

If the experts you’re reaching out to for recommendation letters are too busy, there are a few steps you can take to navigate this situation:

• Communicate clearly. Reach out to the experts well in advance and communicate the importance of their recommendation to your EB-1B petition. Explain the significance of their input and the impact it could have on your application.
• Provide guidance. Offer to draft a preliminary version of the recommendation letter for them. Include key points, accomplishments, and contributions you’d like them to highlight. This can save them time and effort while ensuring the letter aligns with your achievements.
• Be flexible and respectful. Understand that experts might have busy schedules. Respect their time constraints and be flexible with deadlines. Offer multiple options for communication (email, phone, in-person) to accommodate their preferences.
• Seek alternatives. If some experts cannot provide a recommendation, consider reaching out to others who are familiar with your work and can provide valuable insights. This could include collaborators, mentors, or colleagues who can speak to your contributions.
• Consider multiple perspectives. Consider recommendations from various sources instead of relying solely on experts from your immediate circle. Letters from different perspectives can add depth to your application.
• Follow up diplomatically. If you are still waiting for a response, send a polite follow-up email or message as a gentle reminder. Express gratitude for their consideration and reiterate the importance of their support.
• Consult an immigration attorney. If you encounter challenges obtaining recommendation letters, consider consulting an immigration attorney. They might offer advice or alternative strategies to strengthen your petition based on the available resources.

While expert recommendation letters can significantly bolster your EB-1B petition, there might be alternative ways to showcase your achievements and contributions if obtaining these letters becomes difficult. Always maintain professionalism and gratitude in your interactions, even if experts cannot provide the requested support.

There isn’t a specific number of publications required for an EB-1B green card application. The EB-1B category focuses on demonstrating outstanding qualifications and contributions as a professor or researcher rather than meeting a specific publication quota.

USCIS evaluates your publications’ quality, impact, and significance as part of the overall evidence demonstrating your extraordinary abilities and contributions in your field. While a high number of publications can strengthen your case, USCIS looks for the following aspects regarding your publications:

• Impact and quality. Emphasize the significance and quality of your publications rather than focusing solely on the quantity. Highlight impactful research, citations, and the influence of your work within your field.
• Consistency and continuity. A consistent track record of publications over time can demonstrate your ongoing contributions and commitment to your field.
• Variety and range. Showcase a variety of publications, such as research papers, articles, book chapters, conference proceedings, or patents, to demonstrate the breadth of your contributions.
• Citations and recognition. Highlight the number of citations your publications have received, as this can be a strong indicator of the impact and influence of your research.
• Quality journals and peer review. Publications in prestigious, peer-reviewed journals or conferences carry significant weight in demonstrating the rigor and quality of your research.

While there’s no specific threshold for the number of publications, having a substantial body of work that showcases your expertise, innovation, and impact in your field is crucial for a successful EB-1B petition. Focus on presenting a strong portfolio of publications demonstrating your exceptional abilities and contributions as a professor or researcher.

Yes, it’s possible to qualify for an EB-1B visa even if you have relatively low citations or fewer citations than other researchers. The EB-1B category considers various factors beyond citation counts to determine eligibility as an outstanding professor or researcher.

While citations can be a strong indicator of the impact and reach of your research, USCIS evaluates the overall quality, significance, and influence of your contributions in your field. Here are some considerations:

• Quality over quantity. Even with lower citation counts, if your publications demonstrate substantial contributions, innovative research, or groundbreaking discoveries, they can still impact your EB-1B petition.
• Other forms of evidence. USCIS considers various types of evidence beyond citations, such as awards, patents, publications in prestigious journals, peer recognition, leadership roles, contributions to the field, and the practical applications of your research.
• Expert testimonials. Strong letters of recommendation from experts in your field are crucial. They can highlight the significance of your work, its influence on the field, and your exceptional abilities as a researcher or professor.
• Unique contributions. If your research has led to significant advancements and practical applications or has addressed critical issues in your field, this can strengthen your case, even with lower citation counts.

While citations can be a persuasive indicator of impact, they’re not the sole determinant of an EB-1B petition’s success. Emphasizing your work’s quality, significance, and influence through various forms of evidence can still establish your eligibility as an outstanding professor or researcher, even if citation counts are comparatively low. It’s important to present a compelling case that showcases your exceptional abilities and contributions within your field of expertise. Consulting with an immigration attorney experienced in EB-1B petitions can also provide valuable guidance.

The EB-1B visa category requires employer sponsorship. An employer (usually a university, research institution, or private employer conducting research) must file the petition on behalf of the outstanding professor or researcher. Self-petitioning, where the individual applies for the visa without employer sponsorship, is not an option for the EB-1B category.

The EB-1B category is specifically designed for outstanding professors or researchers with an employer offering them a permanent position in an academic or research capacity in the United States. The employer plays a significant role in sponsoring the individual by filing Form I-140, Immigrant Petition for Alien Worker, with USCIS on behalf of the candidate.

However, if you have extraordinary abilities and accomplishments in your field but don’t have an employer to sponsor you for an EB-1B visa, you might explore the EB-1A or EB-2 NIW categories. EB-1A is for individuals with extraordinary ability in their field and allows for self-petitioning without employer sponsorship. EB-2 NIW is for individuals with an advanced degree whose work will benefit the U.S. national economy.

Under the EB-1A category, you’ll need to demonstrate extraordinary abilities through sustained national or international acclaim in your field, evidenced by extensive documentation of achievements, awards, publications, significant contributions, and recognition.

While EB-1B requires employer sponsorship, EB-1A allows individuals to self-petition if they meet the criteria for extraordinary ability without employer sponsorship. Consulting with an experienced immigration attorney can help assess your qualifications and guide you in determining the most suitable category for your situation.

Yes, as an EB-1B visa holder, you can include your spouse and unmarried children under 21 as dependents on your visa application. 

Once your EB-1B petition is approved, your spouse and children can apply for derivative (dependent) visas to join you in the United States. They will be eligible for the same period of stay as you as the primary EB-1B visa holder.

Your spouse and children can live, study, and work in the United States as dependents. However, the spouse will not automatically be eligible to work based on the EB-1B dependent visa and may need to apply for employment authorization separately.

Consulting with an immigration attorney or seeking guidance from the U.S. Citizenship and Immigration Services (USCIS) can provide specific and up-to-date information regarding the application process for dependents accompanying an EB-1B visa holder.

Yes, the EB-1B visa grants permanent residency in the United States. The EB-1B green card is designed for outstanding professors or researchers who have been offered a permanent position in an academic or research capacity at a university, research institution, or private employer conducting research.

The process typically involves the following steps:

1. The employer files a Form I-140, Immigrant Petition for Alien Worker, on behalf of the outstanding professor or researcher with USCIS.
2. After the I-140 approval, if a visa is immediately available based on the priority date, the applicant can apply for a green card through either Adjustment of Status (if in the U.S.) or Consular Processing (outside the U.S.).
3. Upon completing the green card application process, the applicant and their eligible dependents (spouse and unmarried children under 21) become lawful permanent residents of the United States.

The green card obtained through the EB-1B category grants the individual and their dependents the right to live and work permanently in the United States. It also offers additional benefits such as access to education, healthcare, and the opportunity to apply for U.S. citizenship after meeting certain residency requirements.

It’s important to note that the visa process, requirements, and availability can vary, and consulting with an immigration attorney is recommended to navigate the complexities of the EB-1B visa and green card application process.

Finding a university or institution willing to sponsor you for a green card in the EB-1B category requires careful research, networking, and establishing yourself within your academic or research field. Here are steps to consider:

• Identify potential employers. Research universities, research institutions, or private employers conducting significant research related to your field of expertise. Look for institutions that align with your research interests and have a history of sponsoring foreign researchers or professors.
• Networking and collaboration. Attend conferences, seminars, and workshops related to your field. Network with professionals, faculty members, and researchers in your area of expertise. Collaborate on projects or research that could lead to potential employment or sponsorship opportunities.
• Faculty positions and openings. Monitor job postings for faculty positions or research openings at universities or institutions that match your qualifications. Apply for positions that align with your expertise and career goals.
• Establish your reputation. Publish research papers, present at conferences, and contribute to your field through innovative research or academic achievements. Building a strong portfolio of publications and accomplishments will make you more attractive to potential employers.
• Reach out to departments. Contact relevant departments or faculty members within universities where your expertise could be valuable. Express your interest in their research programs and inquire about potential opportunities for collaboration or employment.
• Utilize professional networks. Leverage professional networks, online forums, and academic communities to connect with individuals working in your field. Seek advice, mentorship, or potential opportunities through these networks.

Consult with immigration professionals. Seek guidance from a lawyer experienced in employment-based immigration who can provide insights into the sponsorship process, advise potential employers, and help navigate the complexities of the green card application.

The processing time for an EB-1B (Outstanding Professor or Researcher) case can vary based on several factors, including USCIS workload, the complexity of the case, country of origin, the specific service center handling the petition, backlogs, and changes in USCIS policies.

It takes us about 6 weeks to prepare a robust EB-1B petition supported by solid evidence. In previous years, the average processing time for the EB-1B petition ranged from 4 to 24 months. However, USCIS recently announced new time goals, claiming to review Form I-140 in 6 months. There is also an option of 15 business days of expedited processing for an extra $2,805 fee.

If an EB-1B petition is denied, it can have several implications and potential courses of action:

• Appeal or motion to reconsider. In some cases, if the denial was based on incorrect information or additional evidence can address the USCIS concerns, you might have the option to file an appeal or a motion to reconsider the decision. These processes involve submitting additional evidence or challenging the grounds of the denial.
• Refile the petition. Depending on the reasons for the denial, you can refile the EB-1B petition with additional evidence and address the issues that led to the denial. This could involve strengthening the case, providing more substantial evidence, or addressing any deficiencies noted by USCIS in the initial petition.
• Explore other visa categories. If the EB-1B petition is denied, you might explore alternative visa categories or options that suit your qualifications and circumstances better. For instance, you might consider other employment-based categories or non-immigrant visas if you meet their eligibility criteria.
• Consult with an attorney. Seeking guidance from an experienced immigration attorney is crucial if your EB-1B petition is denied. An attorney can review the reasons for the denial, assess your options, and provide advice on the best course of action based on your specific case.
• Departure from the U.S. If your status in the U.S. was contingent on the approval of the EB-1B petition and it’s denied, you might need to explore options such as departing from the U.S. before any authorized stay expires to avoid violating immigration laws.

It’s essential to carefully review the USCIS notice explaining the reasons for the denial and act promptly based on the advice of legal counsel. Each case is unique. Seeking professional guidance is highly recommended to explore available options and make informed decisions.