Frequently Asked Questions about the EB-1B Petition for the Outstanding Researcher or Professor
Do I need to live in the U.S. to apply for an EB-1B?
No. Any noncitizen can apply for an EB-1B petition, regardless of whether they are living either within the U.S. or in a foreign country as long as he or she meets the relevant requirements.
What is a Permanent Job Offer?
A permanent job offer is any job without a defined termination date. This means that most jobs are considered “permanent” jobs unless they are seasonal, temporary or for a limited period of time. It is important to note that job salary or job title is irrelevant when determining permanent employment.
I have received a permanent job offer from my employer. Is my employer required to employ me permanently?
No. Most jobs involve an “employment at will” relationship. This means that you or your employer may terminate the employment relationship at any time for any/no reason at all.
What should a permanent researcher offer letter contain?
The offer letter should contain the following:
- Your job title;
- Your job duties;
- Your salary;
- Language stating that the job has no fixed expiration term; and
- Your employer’s signature.
What is a “Letter of Recommendation?” Is it important for my application?
Letters of recommendation are an important part of an EB-1B petition. A letter of recommendation is a letter written by an expert in your field or another authoritative person in an allied or supporting field. The letter usually discusses the abilities and accomplishments of the applicant seeking an EB-1B green card.
Who should I contact to obtain Letters of Recommendation?
Recommendation letters should be written by experts or scholars in your field. You can ask your former professors, supervisors, co-workers or even individuals in your field who you have met at conferences. One or two people who are less familiar with you are also recommended since they are more objective and independent. In general, anyone who knows your work directly or indirectly and has expertise in the field may write a letter of recommendation for you.
How many publications are sufficient to meet the EB-1B requirements?
There is no specific minimum publication requirement; rather, it is determined by USCIS on a case-by-case basis depending on the quality and quantity of the publications. Several publications in major, well-acknowledged journals in your field would likely be sufficient.
If my EB-1B petition is approved, can I file a petition for Adjustment of Status or an immigrant visa?
Yes, you may file for an Adjustment of Status. The EB-1 category has immigrant visa numbers immediately available, so you can apply for Adjustment of Status immediately after your EB-1B approval, or even apply for an EB-1B and Adjustment of Status concurrently.
Besides an EB-1B petition, what other employment-based immigration petitions do not require a Labor Certification Application?
A: NIW (National Interest Waiver) and EB-1A petitions also do not require a Labor Certification. Please visit our section on NIW for more information, [LINK TO NIW] and here for more information on EB-1A. [LINK TO EB-1A]
If I have a choice between filing an EB-1A or an EB-1B petition, which petition should I choose?
If you meet both criteria, an EB-1A green card may be preferable because it will not bind you to any particular employer and you may file on your own behalf. The EB-1B green card petition requires a job offer and sponsorship from a petitioning employer, so these requirements may create obstacles, depending on your personal situation. Additionally, a change of employer while your petition is pending may affect your EB-1B petition.
Can I file both an EB-1A and an EB-1B petition at the same time?
Yes. Many applicants opt for filing both petitions simultaneously. Often, one petition will be approved earlier than the other. In addition, if one petition is denied for some reason, there is still a chance that the other petition may be approved.