EB-1(b) for Professors & Researchers

Posted on 10月 02, 2007 by Warren Wen | Category: Immigration

Q&A: How Can Outstanding Professors and Researchers Immigrate to the US?

Mr. Song asked:

I am a professor at a university in South Korea and I am famous in my field.  I have published a lot of articles on journals in and outside of South Korea and I am the executive director for an association in my field.  Last year, I came to a university in the US with J-1 visa.  During this period, the university asked me if I was willing to work there in the future.  Taking into consideration my background, can I apply for green card?  If I can, which one is the most suitable for me?  How can I qualify for it?

Answer:

For extraordinary aliens, especially those aliens who are doing research or teaching, the INA has designated the EB-1-B subcategory.  Like EB-1-A and EB-1-C, EB-1-B applicants are exempt from the Labor Certification Process, meaning that they will need to wait for a relatively short-time for the quota.  Thus, it takes a relatively shorter period of time for the application when compared to other EB categories.

Since EB-1-B is targeted for outstanding professors and researchers, EB-1-B applicants need an employer to support their application with certain requirements on the position and working period for the applicants.  In your situation, though you are a professor in a domestic university and not qualified for EB-1-B now because of your present occupation, you can choose EB-1-B if you can get an offer for a permanent or tenured position from a US university.

According to the INA, aliens need to meet at least two of the following requirements to prove that their outstanding achievements have been internationally recognized:

  • Receipt of international prizes or awards for excellence in their field of endeavor
  • Membership in associations in the field of endeavor that require outstanding achievements of their members
  • Published material about the alien and his work in professional journals, trade publications, or the major media
  • Participation, either in a group or alone, as a judge of others in the same or a similar field
  • Original scientific, scholarly, or artistic contributions of major significance in the field of endeavor
  • Authorship of scholarly articles in the field, published in professional journals or the major media

In your question you mentioned that you have published a lot of articles in domestic and foreign journals, so you can prefer to prove Authorship of scholarly articles in the field, published in professional journals or the major media.  However, it is not enough if your articles only reached a standard level in your professional area.  Normally, the USCIS will ask for evidence that the publication is well-known in the professional area or has been used for reference or quoted by other publications in the professional area.

Furthermore, you also mentioned that you’re the executive director of an association and have good reputation in your area, so that it may not be very difficult to meet the requirements for Participation, either in a group or alone, as a judge of others in the same or a similar field or Published material about the alien and his work in professional journals, trade publications, or the major media.  Nevertheless, you need to realize that the INA has some requirements on qualification regarding the significance of your being reported or asked to serve as a judge.  For example, the INA requires that the position of judge should prove that the applicant has national or international reputation, or that the material is published in a major media outlet of national outreach.

In closing, if the US university providing you a permanent or tenured position or your US employer would like to support your application, you can qualify for the EB-1-B.  Your situation is not bad, so it may not be very difficult to have evidence to support your application.  However, if you want to apply for EB-1-B, you need to find a US employer first.

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.