EB-1B Visa

EB-1B Visa: Paving the Path for Exceptional Scholars in the USA

The EB-1B visa is a category of employment-based immigrant visas for outstanding professors and researchers. To apply for an EB-1B visa, you generally need to follow these steps:

  • Eligibility Criteria:
    • You must be recognized internationally as outstanding in a specific academic field.
    • You must have at least three years of experience in teaching or research in that field.
    • You must have an offer of employment for a tenured or tenure-track position, or a permanent research position.
  • Employer Sponsorship:
    • Your employer must sponsor your application by filing Form I-140, Immigrant Petition for Alien Worker, on your behalf.
  • Documentation:
    • Prepare documentation to support your eligibility, such as letters of recommendation, evidence of your achievements, a detailed resume, and documentation of your job offer.
  • Letters of Recommendation:
    • Obtain letters of recommendation from experts in your field who can attest to your outstanding achievements and contributions.
  • File Form I-140:
    • Your employer must file Form I-140 with U.S. Citizenship and Immigration Services (USCIS). Include all required documentation and the appropriate filing fee.
  • Premium Processing (Optional):
    • Consider using premium processing if you want a faster adjudication process. This requires an additional fee.
  • Wait for USCIS Decision:
    • USCIS will review your petition and notify you of their decision. If approved, USCIS will send the approval notice to your employer.
  • Consular Processing or Adjustment of Status:
    • Once the I-140 is approved, you can proceed with consular processing if you are outside the U.S., or adjustment of status if you are already in the U.S. This step involves filing Form I-485, Application to Register Permanent Residence or Adjust Status.
  • Biometrics Appointment:
    • If applying for adjustment of status, attend a biometrics appointment.
  • Wait for Decision:
    • USCIS will process your application and may request additional documentation or schedule an interview.
  • Receive Green Card:
    • If your application is approved, you will receive your green card, granting you permanent residency in the U.S.

Form I-140, Immigrant Petition for Alien Workers checklist of required documents

When filing Form I-140, Immigrant Petition for Alien Workers, to apply for an EB-1B visa, you’ll need to submit a comprehensive set of supporting documents. While the specific requirements may vary based on individual circumstances, the general checklist typically includes:

  • Form I-140:
    • Completed and signed by the employer (petitioner).
  • Filing Fee:
    • Include the appropriate filing fee with the Form I-140. Check the USCIS website for the most current fee.
  • Supporting Evidence for EB-1B:
    • Evidence demonstrating your outstanding achievements in the academic field. This may include publications, awards, recognition, citations, and any other relevant documentation.
  • Employment Verification Letter:
    • A letter from your employer detailing the offer of employment, including job title, job description, and salary.
  • Letters of Recommendation:
    • Letters from experts in your field supporting your outstanding contributions. These letters should provide detailed information about your achievements and recognition.
  • Resume or Curriculum Vitae (CV):
    • A detailed resume or CV outlining your academic and professional background, research, publications, and any other relevant information.
  • Evidence of Teaching or Research Experience:
    • Documents proving your at least three years of experience in teaching or research, such as employment records, appointment letters, or other relevant evidence.
  • Documentation of Academic Achievements:
    • Copies of diplomas, degrees, and academic transcripts.
  • Photographs:
    • Passport-style photographs meeting USCIS specifications.
  • Premium Processing (Optional):
    • If you choose premium processing for faster adjudication, include the additional fee and Form I-907.
  • Form G-28 (Notice of Entry of Appearance as Attorney or Representative):
    • If you are using an attorney, include Form G-28 to authorize representation.
  • Proof of Ability to Pay (For Certain Employers):
    • If the petitioning employer is a university or non-profit research organization, they may be exempt from demonstrating an ability to pay. However, for-profit employers may need to provide evidence of financial stability.

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