EB-1 is an employment-based, first preference, category for United States permanent residency or green card. It is subdivided into three categories: (1) Aliens with extraordinary ability, (2) Outstanding professors and researchers and (3) Multinational managers or executives. In a previous post, I discussed the category for aliens with extraordinary ability. Here, I will discuss the second category – Outstanding professors and researchers – these are people that are recognized internationally for their outstanding achievements in a particular academic field. As in the case of people with extraordinary ability, people in this category do not have to go through the labor certification process. However, unlike those with extraordinary ability, these group require employment and sponsorship from Academic and/or research institutions in the United States. They must also have at least three years of experience in teaching or research in a particular academic field and coming to the United States for a tenure or tenure track teaching or comparable research position at a University or other institutions of higher education or research.
DEFINITION OF ACADEMIC FIELD
According to the Immigration and Nationality Act, Academic Field means a body of specialized knowledge offered for study at an accredited United States University or institution of higher education.
ELIGIBILITY CRITERIA
To qualify as an outstanding professor or researcher, the applicant or petitioner must demonstrate at least two of the following six criteria:
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Evidence that the professor or researcher is recognized internationally as outstanding in the academic field specified in his/her application or petition. Such evidence shall consists of at least two of the following:
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Receipt of major prizes or awards for outstanding achievement in the academic field;
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Evidence of membership in associations in the academic field which require outstanding achievements of their members;
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Evidence of published material in professional publications written by others about the alien’s work in the academic field. Such materials shall include the title, date, and author of the material, and any necessary translations;
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Evidence of participation, either on a panel or individually, as a judge of the work of others in the same or allied academic field;
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Evidence of original scientific or scholarly research contributions to the academic field; or
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Evidence of authorship of scholarly books or articles (in scholarly journals with international circulation) in the academic field;
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Evidence that the alien has at least three years of experience in teaching and/or research in the academic field. Experience in teaching or research while working on an advanced degree will only be acceptable if the alien has acquired the degree, and if the teaching duties were such that he or she had full responsibility for the class taught or if the research conducted toward the degree has been recognized within the academic field as outstanding. Evidence of teaching and/or research experience shall be in the form of letter(s) from current or former employer(s) and shall include the name, address, and title of the writer, and a specific description of the duties performed by the alien; and
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An offer of employment from a prospective United States employer. The offer of employment shall be in the form of a letter from:
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A United States university or institution of higher learning offering the alien a tenured or tenure-track teaching position in the alien’s academic field;
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A United States university or institution of higher learning offering the alien a permanent research position in the alien’s academic field; or
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A department, division, or institution of a private employer offering the alien a permanent research position in the alien’s academic field. The department, division or institution must demonstrate that it employs at least three persons full-time in research positions and that it has achieved documented accomplishments in the academic field.
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DOCUMENTATION
Extensive documentation is required for each of the above-named eligibility criteria:
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Major prizes and awards:
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Copies of award certifications/letters
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Patents may count as awards for this category
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Criteria used to judge the nominees
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Proof of how difficult it is to win the award/prize or obtain the patent
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Information about the purpose, significance, and scope of each award/prize and of the awarding bodies/organization; and
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if available, list of prior winners in the past 3-5 years.
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NOTE: Although the prizes must be prestigious nationally or internationally in scope, they do not have to be of the same caliber as a Nobel or Pulitzer prize.
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NOTE: USCIS does not accept school-awarded academic scholarships/fellowships and grants unless they are notoriously competitive.
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Memberships based on outstanding achievements:
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Copies of membership letters from associations;
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Criteria used and procedures followed to determine whether an applicant is “outstanding” and other requirements for membership;
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Information establishing the international reputations of those reviewing applications and the associations in the field.
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Published articles about the alien’s work:
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Copies of articles’ cover pages showing title, author, publication name, and issue date;
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Copies of pages on which the alien’s work is significantly discussed;
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Information establishing the prestige of the publications;
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Information about local/national/international circulation, frequency of publication, and numbers of copies published; and
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If available, information establishing the importance of the articles.
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NOTE: The articles must discuss, extensively, the alien’s work rather than just cite his/her work.
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Participation as a panelist/individual as a judge of others’ work:
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If on a journal’s editorial board, include a website printout naming the alien as an editor/editorial board member;
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For journal and/or conference peer-reviewing, provide copies of letters/emails acknowledging the judging (e.g. letter from an editor explaining why the alien is regularly asked to review manuscripts);
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Criteria used to select the alien as a judge for journals, conferences, etc.; and
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Information establishing the international significance of the journals, conferences, etc.
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Original scientific or scholarly contributions:
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10 recommendation letters from recognized experts in the field describing the alien’s original contributions and explaining the significant impact of those contributions on the field; these letters must contain the following:
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address the letters “To whom it may concern”
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The expert must include summaries of their career highlights and explain how they are acquainted with the alien, if at all.
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Some letters must come from outside the United States and from different regions of the world – the bulk of the letters must come from outside the aliens’ home country;
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Letters from individuals in high-ranking positions, particularly United States government officials who have expertise in the field, are valuable.
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Submit one letter from each institution
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Each letter should be unique- do not submit similar sounding letters with different signers.
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Each letter should show how the alien’s work is positively influencing the particular field and explain its global and national impacts on mainstream issues.
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Letters should not describe the alien as young and promising or having potential; instead, the letter should state how the alien is already established in his/her field.
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Each letter should describe the alien’s professional achievements instead of personal qualities.
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Documentation of original research presentations made at conferences, seminars, etc. and the significance of the events;
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Participation as a consultant/researcher due to original contributions at the invitation of a distinguished organization; for example, United Nations subcommittee, governmental work group, etc., and/or
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Other evidence showing major original scientific or scholarly contribution.
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Authorship of published scholarly articles:
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The alien should have at least 10 peer-reviewed international journal articles with at least 100+ citations
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The alien should provide a list of scholarly journal articles, books, book chapters, or other publications;
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If the alien has a lot of citations, evidence showing the number of citations for each article – printout of a Google search
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Copies of articles’ cover pages showing title, author, publication name, and issue date;
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Copies of books’ pages showing title, author, table of contents, and publication date; for book chapters, including the first page of each chapter written;
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Information establishing the prestige and international reputation of the publications/media;
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Information showing international circulation, publication frequencies and numbers of copies published; and
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If available, information establishing the importance of the articles/books/chapters.
PROCESSING OF APPLICATION FOR ADJUSTMENT OF STATUS
If the alien is in the United States, once Form I-140 is approved by the United States Citizenship and Immigration Services, the alien may apply for adjustment of status in the United States. If the alien is abroad, the approved Form I-140 will be sent to the National Visa Center. The Center will process the approved application and forward the same to the United States Embassy in the country where the alien resides. The alien and his/her family will be invited for interview by the consular officials in that country.
PERMANENT RESIDENCE/GREEN CARD FOR FAMILY
The alien and his or her spouse and unmarried children under the age of 21 will be issued a visa and/or green card.
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