Qualification for EB-1(b)

Posted on July 17, 2007 by Warren Wen | Category: Immigration

Qualification for EB-1(b), Outstanding Professors and Researchers

In previous articles, we have analyzed the qualification requirements for the aliens of extraordinary ability. From the surface, those requirements look very difficult to meet.  In practice, those requirements could be applied to and interpreted differently under different situations.  Many aliens of extra ordinary ability have been able to obtain their lawful permanent resident status through EB-1(a).  We will briefly introduce the pertinent INA regulations regarding outstanding professors and researchers this time.

Regarding outstanding professors and researchers, the INA places them in the EB-1(b) category.  In order to take the advantage of EB-1(b), aliens must have at least three years of experiences in teaching and/or research in the academic field.  Unlike EB-1(a) that applies to the aliens of extraordinary ability in many fields, EB-1(b) is especially designed for outstanding persons in specific academic fields.  Moreover, EB-1(b) requires aliens to have a job offer for a permanent or a tenured position and 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 that require outstanding achievements of their members in the field of endeavor;
  • Published material about the alien and his or her 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.

What we can see is that these requirements are a bit similar with those for the aliens who possess extraordinary abilities.  For those Korean researchers or professors who want to take advantage of EB-1(b), the most likely requirements for them to meet would be the following:

  1. Published materials about the alien and his or her work in professional journals, trade publications, or the major media;
  2. Authorship of scholarly articles in the field, published in professional journals or the major media;
  3. Original scientific, scholarly, or artistic contributions of major significance in the field of endeavor.

Finally, it is worth noting that EB-1(b) is specifically useful for those professors or researchers who do not have Ph.D. degree, but who have made significant achievements in their academic fields.  For them, in general, it is quite difficult to meet the requirements under EB-1(a) because they do not have Ph.D. degree, but they may still be able to qualify under EB-1(b) instead based on their achievements.  For them, EB-1(b) may provide a viable way to obtain a lawful permanent resident status in the United States.

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.