The EB-1B category is the employment-based immigrant visa (“green card”) for professors and researchers who are recognized internationally as outstanding in a specific academic field. It does not require a Labor Certification (PERM), and the standard, while high, is lower than the “extraordinary ability” required for the EB-1A category.
The trade-off is that the foreign national cannot file on his or her own behalf. A U.S. university or other employer must file the petition and must offer a permanent position.
EB-1B Requirements
- International recognition as outstanding in a specific academic field. This is shown through the evidence described below.
- At least three years of experience in teaching or research in that field. Experience gained while working on an advanced degree counts only if the degree was awarded and the teaching involved full responsibility for the class, or the research has been recognized within the field as outstanding. Experience must be documented with letters from current or former employers describing the duties performed.
- A qualifying job offer. The offer must be for one of the following: a tenured or tenure-track teaching position at a university or institution of higher education; a permanent research position at a university or institution of higher education; or a permanent research position with a private employer that employs at least three full-time researchers and has documented accomplishments in the field.
A research position is “permanent” if it is tenured, tenure-track, or for an indefinite or unlimited term in which the employee will ordinarily expect to continue unless there is good cause for termination. A position funded by a grant may qualify if the employer shows that it intends to seek continued funding and has a reasonable expectation that funding will continue. Fixed-term postdoctoral appointments generally do not qualify.
Evidence of International Recognition
The regulations require at least two of the following six types of evidence:
- Receipt of major prizes or awards for outstanding achievement in the academic field;
- Membership in associations in the academic field which require outstanding achievements of their members;
- Published material in professional publications written by others about the foreign national’s work in the academic field. This evidence must include the title, date and author of the material, and any necessary translation;
- Participation, either individually or on a panel, as the judge of the work of others in the same or an allied academic field;
- Original scientific or scholarly research contributions to the academic field; or
- Authorship of scholarly books or articles, in scholarly journals with international circulation, in the academic field.
If these standards do not readily apply, comparable evidence may be submitted. Meeting two of the criteria is not the end of the analysis. USCIS then considers all of the evidence together to decide whether the foreign national is in fact recognized internationally as outstanding. A record of publications alone is rarely enough. Citations to the work by independent researchers, invitations to review manuscripts or grant proposals, and letters from recognized experts who know the work by reputation carry the most weight.
EB-1B, EB-1A or National Interest Waiver?
Many researchers qualify for more than one category, and the right choice depends on the strength of the record and on whether the employer is willing to act as petitioner.
| EB-1B | EB-1A | EB-2 NIW | |
| Who files | Employer | Foreign national or employer | Foreign national or employer |
| Job offer required | Yes, permanent | No | No |
| Standard | Internationally recognized as outstanding | Sustained national or international acclaim; top of the field | Endeavor of substantial merit and national importance |
| Evidence | Two of six criteria | Three of ten criteria | Three-part test |
| Visa line | EB-1 | EB-1 | EB-2 (longer wait) |
| Premium processing | 15 business days | 15 business days | 45 business days |
Because the EB-1B petition belongs to the employer, it ends if the foreign national leaves that employer before the green card application has been pending for 180 days. For that reason we often recommend filing a self-sponsored EB-1A or NIW petition as well.
The EB-1B Process
Step 1: Immigrant Visa Petition (I-140). The employer files the petition with USCIS, with the job offer letter, evidence of the three years of experience, the evidence of international recognition and letters of reference. There is no labor certification. The date the I-140 is filed is the “priority date.”
Step 2: Application for Permanent Residence (I-485) or Consular Processing. If the foreign national is in the United States and a visa number is available, the green card applications for the foreign national and family members may be filed together with the I-140. As of October 2026, EB-1 visa numbers are immediately available for every country except China (cutoff July 1, 2023) and India (cutoff February 1, 2023). Current dates are posted on our Priority and Processing Dates page.
SUPPORT DOCUMENTATION FOR EB-1B PETITION
EMPLOYER:
- Offer letter addressed to the foreign national stating the title, the duties, the salary and that the position is tenured, tenure-track or permanent;
- For a private employer, evidence that it employs at least three full-time researchers and of its accomplishments in the field (patents, publications, grants, products);
- Federal Tax Identification Number and evidence of ability to pay the offered salary; and
- Full name and title of the employer’s contact person and authorized signatory.
INDIVIDUAL (Foreign national):
- Completed General Immigration Questionnaire and current curriculum vitae;
- A personal statement describing the research and its significance in terms an average person can understand;
- Diplomas and transcripts;
- Letters from current and former employers verifying at least three years of teaching or research experience;
- Copies of all publications, and a complete citation report for each from an official source (Web of Science, Scopus or Google Scholar);
- Evidence of peer review: emails or letters from journals, conferences or funding bodies requesting or acknowledging reviews;
- Awards, with the selection criteria; memberships, with the membership criteria; and any published material about the work;
- Names and contact information for five to seven potential referees, at least half of whom have never worked with the foreign national; and
- Photocopies of passport, visa, Form I-94 and all Forms I-797 for the individual and each family member.
English translations must be provided for any foreign language documents.
