EB1B Requirements

USCIS applies a two-part test to adjudicate EB1B cases:

Step-1: Whether the evidence provided meets at least two of the following criteria:

  1. Evidence of receipt of major prizes or awards for outstanding achievement
  2. Evidence of membership in associations that require their members to demonstrate outstanding achievement
  3. Evidence of published material in professional publications written by others about the alien’s work in the academic field
  4. Evidence of participation, either on a panel or individually, as a judge of the work of others in the same or allied academic field
  5. Evidence of original scientific or scholarly research contributions in the field
  6. Evidence of authorship of scholarly books or articles (in scholarly journals with international circulation) in the field

Step-2: Final merits determination: considering all provided evidence, whether the alien demonstrates by preponderance of evidence that he/she is recognized internationally as outstanding in a specific academic area.

  1. You must demonstrate international recognition for your outstanding achievements in a particular academic field
  2. You must have at least 3 years experience in teaching or research in that academic area.
  3. You must be entering the United States in order to pursue tenure or tenure track teaching or permanent research position at a university or other institution of higher education. A job offer is required
  • Generally, the job offer is given by a university or academic or scientific institution, but it can also be offered by a private employer. If the offer is from a private employer, the employer must have at least three full-time researchers on its workforce. Additionally, the employer must supply documentation speaking to its own research accomplishments and standing in the relevant academic or research field.
  • USCIS regulations further provide that “Permanent, in reference to a research position, means either tenured, tenure-track, or for a term of indefinite or unlimited duration, and in which the employee will ordinarily have an expectation of continued employment unless there is a good cause for termination.”