EB-1B Green Card Attorney

The EB-1B green card is the first preference immigrant category for outstanding professors and researchers, and it requires no PERM labor certification, only an employer offering a permanent research or teaching position and a record of international recognition in your academic field. Capitol Law Partners prepares EB-1B petitions for institutions and the researchers they sponsor, from the first assessment through permanent residence.

What an EB-1B attorney does for you

Assess whether the researcher meets the EB-1B standard and compare it with an EB-1A self-petition and the EB-2 National Interest Waiver.
Review the offer letter so the position qualifies as permanent, and confirm that a private employer's research department meets the regulatory test.
Select the criteria to document, plan the exhibits and guide independent recommenders.
Draft the brief and Form I-140, file with premium processing, respond to Requests for Evidence, and plan the I-485 or consular stage.

Who qualifies for an EB-1B green card

INA 203(b)(1)(B) and 8 CFR 204.5(i) impose three requirements.

1. International recognition as outstanding

The researcher must be recognized internationally as outstanding in a specific academic area. Recognition confined to one institution or one country is not enough.

2. Three years of teaching or research experience

Under 8 CFR 204.5(i)(3), experience gained while working toward an advanced degree counts only if the degree was awarded and either the researcher had full responsibility for the classes taught or the research toward the degree has been recognized within the field as outstanding. Postdoctoral, industry and faculty work after the degree counts.

3. A qualifying permanent job offer

The employer must offer a tenured or tenure-track teaching position at a university or institution of higher education; a comparable permanent research position at such an institution; or a comparable research position with a department, division or institute of a private employer that employs at least three persons full-time in research activities and has achieved documented accomplishments in an academic field. A permanent position means tenured, tenure-track or of indefinite duration with an expectation of continued employment, so a fixed-term postdoctoral contract usually fails while a grant-funded research scientist position with no end date can qualify.

The six EB-1B criteria and the Kazarian standard

Under 8 CFR 204.5(i)(3)(i), the petition must document at least two of six criteria:

Major prizes or awards for outstanding achievement in the academic field.
Membership in associations that require outstanding achievements of their members.
Published material written by others about the researcher's work.
Participation as the judge of the work of others in the same or an allied field.
Original scientific or scholarly research contributions to the field.
Authorship of scholarly books or articles in scholarly journals with international circulation.

Comparable evidence is permitted where these criteria do not readily apply. Since Kazarian v. USCIS, 596 F.3d 1115 (9th Cir. 2010), USCIS first counts the criteria met, then conducts a final merits determination asking whether the record as a whole shows international recognition as outstanding. Peer review and publications usually satisfy step one; the case is won or lost at step two, on citations, journal standing, independent recommenders and evidence that others have built on the work.

The employer's petition and ability to pay

The institution signs Form I-140 and, under 8 CFR 204.5(g)(2), must show its ability to pay the offered wage from the priority date onward through annual reports, federal tax returns or audited financial statements; an employer with 100 or more employees may submit a financial officer's statement instead. No labor certification is required, and premium processing commits USCIS to act within 15 business days.

Process and timeline

Assessment. We review the CV, citation record, awards and offer letter and advise on the EB-1B, EB-1A and NIW options.
Position review. We work with the department so the offer letter establishes a permanent position.
Drafting and filing. We prepare recommender outlines, draft the brief and Form I-140, and file with premium processing where appropriate. If an RFE issues, we respond with new evidence before the deadline.
Green card stage. If the priority date is current, Form I-485 is filed concurrently or on approval; researchers abroad proceed to consular processing. The spouse and unmarried children under 21 qualify as derivatives.

Evidence and documents

The offer letter and position description, and for private employers evidence of three full-time researchers and documented accomplishments.
Employment letters establishing three years of teaching or research experience.
Award letters with selection criteria and membership rules requiring outstanding achievement.
Articles by others about the researcher's work, and peer review, editorial and grant review records.
Publication lists, citation reports, patents and independent expert letters.

Common problems in EB-1B cases

Requests for Evidence tend to raise the same points: a position funded year to year with no expectation of continued employment; a private employer that cannot show three full-time researchers; experience that depends on doctoral work without the regulatory exception; and letters from advisors and co-authors that praise the researcher without saying what the contribution changed. The final merits determination is the most frequent reason for denial. We document the position carefully, select independent recommenders and tie citation evidence to the standard. We also take over RFEs, NOIDs and denials on petitions prepared elsewhere.

EB-1B compared with EB-1A and the EB-2 NIW

Within the EB-1 category, the EB-1A asks for three of ten criteria and the very top of the field, but needs no employer. The EB-1B asks for two of six criteria and international recognition as outstanding, a lower bar, but the employer files it and the position must be permanent. The EB-2 NIW is a second preference self-petition that turns on the national importance of your work. Many researchers file an EB-1B and an EB-1A or NIW at the same time.

Changing employers and your current status

The EB-1B is tied to a specific employer and position. Before approval, the employer can withdraw the I-140. Once the I-140 has been approved for 180 days or more, a withdrawal no longer automatically revokes it, and the researcher keeps the priority date for any future employment-based petition and can rely on the approval for H-1B extensions beyond the sixth year. A new employer cannot use the approval to complete the green card unless a Form I-485 has been pending for at least 180 days, in which case INA 204(j) allows the researcher to port to a same or similar position. Otherwise the new institution files its own petition with the earlier priority date retained.

Most EB-1B beneficiaries hold H-1B, O-1A or J-1 research scholar status. Filing does not jeopardize H-1B or O-1 status. J-1 scholars subject to the two-year home residence requirement of INA 212(e) can have the I-140 approved but cannot adjust status until the requirement is satisfied or waived, so we build the waiver into the timeline.

Why Capitol Law Partners

Cagatay Ersoy, founder and managing partner of Capitol Law Partners, is a graduate of Columbia Law School and focuses on employment-based immigration, including EB-1, EB-2 NIW, O-1, E-2 and L-1 matters, alongside business and trademark law. Our attorneys and staff work in English, Turkish, Spanish, Portuguese and French. We represent researchers and institutions nationwide from our offices in Washington, DC, Northern Virginia, New York and Minneapolis, and our Istanbul office serves clients abroad.

Learn more about the EB-1B

Start your EB-1B case

Send us your CV, your citation record and the offer letter or position description, and we will tell you whether the EB-1B is viable and what the employer must provide. Schedule a consultation or call +1 (202) 440-2272.

Frequently Asked Questions

Can I file an EB-1B petition myself?

No. The EB-1B must be filed by a U.S. employer that offers you a tenured or tenure-track teaching position or a permanent research position. The employer signs Form I-140 and must show its ability to pay the offered wage. If you want a petition that does not depend on an employer, the EB-1A or the EB-2 National Interest Waiver can be self-petitioned, and many researchers file one of those alongside the EB-1B.

Does a postdoctoral position qualify for the EB-1B?

Usually not on its own. The regulation requires a permanent position, meaning tenured, tenure-track or of indefinite duration with an expectation of continued employment. A postdoctoral appointment with a fixed end date typically fails that test. Postdoctoral years do count toward the three years of research experience, and a later research scientist or faculty offer with no end date can support the petition.

Does my PhD research count toward the three years of experience?

Only in limited circumstances. Experience gained while working toward an advanced degree counts if the degree was awarded and either you had full responsibility for the classes you taught or the research you conducted toward the degree has been recognized within your field as outstanding. Otherwise the three years must come from teaching or research after the degree, such as postdoctoral or industry positions.

How many of the six EB-1B criteria do I need to meet?

At least two. Most researchers meet the authorship criterion through peer-reviewed articles and the judging criterion through peer review for journals or conferences. Meeting two criteria is only the first step. USCIS then conducts a final merits determination and asks whether the whole record shows that you are recognized internationally as outstanding, so citation records, journal standing and independent expert letters carry the case.

Can a company sponsor me for an EB-1B, or only a university?

A private employer can sponsor you if the department, division or institute that will employ you has at least three persons working full-time in research activities and has achieved documented accomplishments in an academic field, shown through publications, patents or similar evidence. The position must still be a permanent research position with an expectation of continued employment.

How does the EB-1B differ from the EB-1A?

The EB-1A is a self-petition that requires three of ten criteria and a showing that you are among the small percentage at the very top of your field. The EB-1B requires two of six criteria and international recognition as outstanding, a lower standard, but an employer must file it and offer a permanent position. Both are first preference categories and both avoid the labor certification.

What happens to my EB-1B if I change employers?

The petition belongs to the employer. If it has been approved for 180 days or more, a withdrawal does not automatically revoke it, and you keep your priority date for a later petition. A new employer cannot use the approval to finish your green card unless your I-485 has been pending for at least 180 days, in which case INA 204(j) lets you port to a same or similar position.

Is premium processing available for EB-1B petitions?

Yes. With premium processing, USCIS commits to act on the EB-1B I-140 within 15 business days by approving, denying or issuing a Request for Evidence. Regular processing times vary and are published by USCIS. Premium processing does not change the timeline of a concurrently filed I-485, which depends on your priority date and the Visa Bulletin.

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EB-1B Green Card Attorney: Outstanding Researcher Lawyers