Employment Immigration: Outstanding Professors and Researchers (EB-1)

Any qualified candidate who can meet the legal requirements outlined below can expeditiously immigrate to the U.S. by filing his immigrant
petition directly with BCIS. In other words, in these cases a
prospective employer is not required to file a labor certification
and prove a lack of qualified U.S. workers.
However, a job offer
by a U.S. employer is required and the applicant ("professor
or researcher") must be outstanding in an academic field.

QUALIFICATIONS

1. The professor or researcher must show that he is recognized internationally as outstanding in the field by evidence of at least two of the
   following:
   
   
   
   1. Receipt of major prizes or awards for outstanding achievement in the academic field;
   3. Membership in an association(s) which requires outstanding achievement(s);
   4. Published articles in professional publications about the applicant's work in his/her chosen academic field;
   5. Published articles or books by the applicant in scholarly journals with international circulation in the field;
   6. Evidence of the applicant's participation, on a panel or individually, as the judge of the work of others in the same or similar
      field; or
   7. Evidence of the original scientific or scholarly research contributions to the field.
      
      

      Note: Merely meeting two of the above requirements may not be enough. Evidence of the applicant's international recognition
      as being outstanding, e.g. expert opinion letters, among other things, is often required
      by BCIS. Ask your immigration attorney for
      assistance in this regard.

      
      
2. The applicant must have three years teaching or research experience in a specific academic area.
3. The offered position cannot be temporary in nature. The applicant must be offered tenure, tenure track or a position with an indefinite
   or unlimited time duration by a U.S. university, institution of
   higher learning or a private employer.
   
4. If the job offer is in the private sector, the employer has to have at least three full time employees performing research and the sponsoring
   company must have achieved documented accomplishments in an academic
   field.
   

PROCEDURE

First, due to the complex nature of these petitions, it is always advisable to have an experienced employment-based immigration attorney thoroughly review the applicant's background and qualifications,
his prospective job duties, salary and the employer's research
contributions to the academic field. Then, if the applicant's
and sponsor's qualifications meet the minimum requirements
for this employment-based immigrant category, the applicant
should obtain documentation from experts in his field who
can attest to his contributions and reputation as being
outstanding.

The applicants should develop a strategy with their immigration attorney for gathering evidence documenting their experience and contributions
to the field. Finally, the petition should be diligently prepared
and supplemented by all relevant evidence of the applicant's
prior and present achievements. This evidence, among other things,
may consist of the offer of employment letter, employer support
letter, employment verification letters, and expert opinion
letters. Once the EB-1 immigrant worker petition is complete,
it is filed with BCIS. On average, it takes 60 to 180 days for BCIS to adjudicate
this type of a petition, depending upon the BCIS Service Center
where it is filed.

Next, upon approval of the immigrant worker petition, the applicant must file for his adjustment of status to an "immigrant
status" in the U.S. or at a U.S. consulate abroad. This
final phase of the immigration process will allow the primary
applicant, as well as his spouse and dependents
to complete their immigration to the U.S. and ultimately receive
their "green cards". Among the records the applicant(s) will need
at this stage of processing will be : birth certificate(s),
marriage certificate(s), divorce decree(s), medical exam(s),
security clearance(s), and photographs. Processing can take
approximately six months to one and a half years, depending
upon how, when and where this application is filed.

STATUS WHILE PENDING

An applicant for a permanent resident visa petition or consular processing abroad may not live and work in the U.S. until his permanent residence is granted, unless
the applicant continuously qualifies for a nonimmigrant (temporary) visa
or other status. However, the applicant (as well as his
dependents) will be eligible to apply for work authorization
upon filing for adjustment of status in the United States. Thus,
the applicant may be able to
legally work in the U.S. while awaiting the BCIS interview
for permanent residency.

DEPENDENTS

Spouses and minor children must maintain their independent status as described in the preceding section. They will be able to immigrate as dependents, if they apply
along with the primary applicant. However, if the children are
over 21 at the time the EB-1 applicant immigrates, they will
need to qualify for status in their own right.

QUOTAS

Currently, there is no backlog in this category. However, a limited number of visas are available in this category every year. Therefore, from time to time there may be a waiting list
or quota which may delay the immigration process. The applicant's
place in line in the quota is established on the date the visa
petition is filed with BCIS.