EB-1(b) for Company Researchers

Posted on October 16, 2007 by Warren Wen | Category: Immigration

Q&A: Can Researcher in Company Apply for EB-1(b)?

Mr. Feng asked:

I got a doctorate degree in Chemistry in the US last year, and I am now doing research at a famous pharmaceutical company.  My employer would like to sponsor my green card application, but I am not sure which kind of immigration category I qualify for.  Could you give me some suggestions on which immigration categories I can apply under?  And could you also help me find a way for me to get a green card as soon as possible?


If your employer would like to file an immigration petition for you, you can choose several categories in employment-based immigration.  Since you got an advanced degree in the US and you’re doing research, EB-1-b may be a good choice for you.

The EB-1-b application is designed for outstanding professors and researchers.  Like other EB-1 subcategories, EB-1-b is exempt from the Labor Certificate process, which shortens the immigration application process and lessens the risk of getting the application denied.  Moreover, it has a relatively short waiting period for the quota, so you can get your green card in a relatively short time.

Then, are you qualified to apply for EB-1-b?

First, the employer who supports the EB-1-b application is required to be an institute or a research organization.  However, it does not mean that only these organizations can file EB-1-b applications.  In fact, according to the law, research departments of some private enterprises are also able to file EB1-(b) petitions, provided that they can prove they have hired at least three researchers, such as in medical research organizations in medical enterprises.  Thus, if your employer can provide evidence in the facet and can also prove that it is able to pay the employees’ salaries, your employer is qualified to petition an EB-1-b application.

Secondly, the EB-1-b requires that the position the employer provides is a permanent position.  However, it does not mean that the position is limited to “full-time” or has the quality of “permanent” itself; a position without a specific expiration date is also acceptable.  Your employer needs to provide you the qualified position.  This is another basic requirement for the EB-1-b.

Moreover, you also need to meet at least two of the following to prove that your outstanding achievements have been internationally recognized: published material about the alien and his work in professional journals, trade publications, or the major media, authorship of scholarly articles in the field, published in professional journals or the major media, etc.  Once you can provide evidence in this area, you’re qualified for the EB-1-b.

In closing, some researchers in non-teaching organizations are also qualified for the EB-1-b, and it is a good way to get a green card in a relatively short time.

This article is only for your reference. Please do not apply mechanically to any exact cases. You are welcome to consult our attorneys at Liu & Associates, P.C. For contact information, please click here.