- In addition to providing job offer and signing immigration forms, the employer must also provide documentation showing its own research accomplishments and standing in the relevant academic or research field.
- USCIS applies a two-part test to adjudicate EB1B cases:
- Whether the evidence provided satisfy as One-time Achievement or meets at least three criteria provided by law, including:
- Evidence of receipt of major prizes or awards for outstanding achievement
- Evidence of membership in associations that require their members to demonstrate outstanding achievement
- Evidence of published material in professional publications written by others about the alien’s work in the academic field
- Evidence of participation, either on a panel or individually, as a judge of the work of others in the same or allied academic field
- Evidence of original scientific or scholarly research contributions in the field
- Evidence of authorship of scholarly books or articles (in scholarly journals with international circulation) in the field
- Final merits determination: considering all provided evidence, whether the alien demonstrates by preponderance of evidence that he/she (i) has risen to the very top of the field of endeavor; and (ii) sustained national or international acclaim and that his or her achievements have been recognized in the field of expertise.
Therefore, merely meeting 2 out of 6 criteria does not guarantee approval of EB1B petition. E.g., scholar who has more than 300 citations for his/her publications but stop working in that particular field may be considered as fail to sustain his/her international acclaims in the field of endeavor.