USCIS applies a two-part test to adjudicate EB1B cases:
Step-1: Whether the evidence provided meets at least two of the following criteria:
- 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
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.
- You must demonstrate international recognition for your outstanding achievements in a particular academic field
- You must have at least 3 years experience in teaching or research in that academic area.
- 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.”