I-485 & Green Card

1. What is EB-1B?

The EB-1B visa is a U.S. immigrant category for outstanding professors and researchers. It offers a
streamlined path to permanent residency for individuals who have made significant, well-recognized contributions in their academic or research fields.

2. EB-1B vs. EB-1A

Both EB-1A and EB-1B are part of the EB-1 category, but they serve different types of applicants:

EB-1A – Extraordinary Ability

For individuals with extraordinary ability in the arts, sciences, education, business, or athletics. EB-1A often allows self-petition and does not require a permanent job offer or employer sponsorship.

EB-1B – Outstanding Professors and Researchers

For professors and researchers who have a strong record of outstanding achievements in their academic discipline. EB-1B requires employer sponsorship and is tied to a qualifying job offer from a U.S. university or research employer.

3. The EB-1B Application Process

Step 1: Employer Sponsorship and Form I-140

A qualifying U.S. employer starts the case by filing Form I-140, Petition for Alien Worker, with U.S. Citizenship and Immigration Services (USCIS). The petition describes the position and explains why the professor or researcher qualifies as “outstanding” in the field.

Step 2: Documentation of Outstanding Achievements

The employer and applicant compile evidence showing the applicant’s impact and reputation, which may include:

• Letters of recommendation from recognized experts in the field;
• Published works such as articles, books, or other scholarly publications;
• Awards and honors for exceptional contributions;
• Research citations showing that other scholars rely on the applicant’s work;
• Teaching and mentoring roles, course development, or supervision of students;
• Conference presentations, invited talks, or lectures at academic events.

Step 3: USCIS Review

USCIS conducts a detailed review of the petition and supporting evidence. In effect, this functions like a peer-review of the applicant’s record to confirm that the achievements meet the “outstanding” standard.

Step 4: Approval and Visa Availability

If the I-140 is approved, USCIS issues an approval notice. The applicant must then check the Visa Bulletin to see whether an immigrant visa number is available for their country and category. In some cases, there may be a waiting period.

Step 5: Adjustment of Status or Consular Processing

Once a visa number is available, the applicant can pursue permanent residency. If already in the U.S., they may file Form I-485 to adjust status. If outside the U.S., they will generally complete consular processing by
attending an immigrant visa interview at a U.S. embassy or consulate.