Why apply for the EB-1B?
The EB-1B, for outstanding professors and researchers, is an immigrant visa, which means that it grants successful applicants permanent residency (a green card) in the U.S.
If you get the EB-1B, your spouse and your unmarried children under the age of 21 may get green cards as your dependents.
At a time when the H-1B work visa and the EB-2 categories involve much uncertainty and a long wait for some nationalities, the EB-1B is one of the best ways for academics, researchers, and people with PhDs to obtain a green card.
If you are interested in exploring the EB-1B path to a green card, please fill out the form at the bottom of this page for a free consultation with us here at ERL.
What do you need to apply for an EB-1B?
A sponsor, supporting materials, paperwork, and fees
Sponsor
Unlike the EB-1A, EB-1B requires a sponsor, usually your employer. For a teaching position at a university, your position must be tenured or tenure-track. For a research position at a university, public institution, or private company, your employer must employ three full-time researchers.
Form I-140
The EB-1B is relatively light on paperwork, but Form I-140 and some related forms still need to be taken care of. We at ERL can make sure you fill out the right forms, mistake free.
Fees
The EB-1B and the subsequent green card application require various USCIS fees. We at ERL can help you understand the cost of the EB-1B application and clarify your options.
Three Years of Experience
To qualify for the EB-1B, you need at least three years of experience in your academic field, including research, teaching, and even some experience during your studies. We at ERL can help you craft a compelling narrative that showcases all of your relevant experiences.
Documentation
Out of the six official criteria for the EB-1B, you must satisfy at least two. However, satisfying those criteria does not guarantee approval. Not only do you have to provide documentation evidence for the satisfied criteria, but you also must demonstrate that on the whole your profile is outstanding. We at ERL can help you prepare and present detailed evidence that satisfies the legal threshold for approval.
Recommendation Letters
Recommendation letters are crucial for your EB-1B application. We at ERL can help you choose recommenders and advise on the appropriate language and style for the most effective recommendations.
EB-1B Criteria
As an outstanding professor or researcher, you must satisfy at least 2 of the following 6 criteria (the more the better) or provide comparable evidence.
For more details about each criteria, please consult USCIS’s official webpage here.
To learn how your accomplishments meet these criteria, please book a free consultation with us using the form at the bottom of this page.
1. Receipt of major prizes or awards for outstanding achievement in the academic field.
The prize or award can also be an honor or a fellowship, as long as it is prestigious or highly selective.
2. Membership in associations in the academic field that require outstanding achievements of their members.
To count toward this criterion, the membership should require merit-based evaluation, NOT simply by paying a membership fee.
3. Published material in professional publications written by others about your work in the academic field. Such material must include the title, date, and author of the material, and any necessary translation.
This criterion requires publications about you and your work.
4. Your participation, either individually or on a panel, as the judge of the work of others in the same or an allied academic field.
This criterion requires your judging experience in competitions or award selections in your field or a related field.
5. Your original scientific or scholarly research contributions to the academic field.
This criterion requires your own publications.
6. Your authorship of scholarly books or articles (in scholarly journals with international circulation) in the academic field.
This criterion requires your academic and/or scholarly publications.
Cost
USCIS Fees
1. Form I-140: $715 (paper filing) or $665 (online filing)
More information: https://www.uscis.gov/g-1055?form=i-140
2. Asylum Program Fee: $600 (for regular employer), $300 (for Small Employer) or $0 (for Nonprofit)
3. (Optional) Premium Processing fee: $2,965 — guarantees a response within 15 calendar days.
More information: https://www.uscis.gov/g-1055?form=i-907
4. (Upon approval, adjusting status from within the U.S.) Form I-485: $1,440 (paper filing) or $1,390 (online filing)
More information: https://www.uscis.gov/g-1055?form=i-485
5. Form I-693 Report of Immigration Medical Examination and Vaccination Record (mandatory with the filing of I-485): paid directly to the physician, not USCIS; fees vary based on physician.
More information: https://www.uscis.gov/i-693
6. (Optional, with pending I-485) Form I-765: $260
More information: https://www.uscis.gov/g-1055?form=i-765
7. (Optional, with pending I-485) Form I-131: $630 (paper filing) or $580 (online filing)
More information: https://www.uscis.gov/g-1055?form=I-131_apd
8. (Optional) Dependents: I-485, I-765, and I-131 fees same as above.
9. Upon approval, applying for the green card directly from outside the U.S.: the Form DS-260 fee and consular service fees apply.
Legal Fees
Getting help from an attorney for your EB-1B application may greatly increase your chances of getting approved.
Legal fees cover various steps and components of the EB-1B application process, including:
1. Consultation
2. Application
3. RFE response
4. NOID response
5. Refile
6. Adjustment of status (I-485, along with I-765 and I-131)
7. Dependents
We at ERL offer:
1. Free consultation.
2. Package ranging from $7,500 to $10,000, depending on the complexity of your EB-1B case, covering the initial EB-1B application, RFE response (if applicable), NOID response (if applicable), one free refile (if applicable), and adjustment of status or consular application after approval.
3. Dependents: $1,000 each for clients who filed EB-1B with us at ERL; $2,000 for other clients.
Frequently Asked Questions
How long is the wait for a decision on the EB-1B?
The wait time (without premium processing) is around 18 months.
The most up-to-date processing time can be checked at this web address: https://egov.uscis.gov/processing-times/ (For EB-1B, select “I-140: Immigration Petition for Alien Workers” under “Form” and “Outstanding professor or researcher (E12)” under “Form Category.”)
What happens after an EB-1B application is submitted?
1. Approval: Congratulations! Once your EB-1B visa is approved, you may look forward to applying for a green card (more details below).
2. Request for Evidence (RFE): Don’t panic! RFE often happens when the initial submission of evidence is deemed somewhat insufficient by USCIS. RFEs require some extra time and effort, but they typically signal USCIS’s willingness to eventually approve the application, if issues in the RFE are carefully addressed.
3. Notice of Intent to Deny (NOID): If there is any logistical mistake or the evidence is lacking, USCIS may issue a NOID detailing the deficiencies in your EB-1B application. Most applications end up getting denied after a NOID, but it is still possible for you to cure the deficiencies and get an approval after a NOID.
What happens between an EB-1B approval and getting permanent residency (a green card)?
Once your EB-1B is approved, you may check the Visa Bulletin (https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin.html).
Once your priority date (the date on which USCIS receives your EB-1B application with Form I-140) becomes “current” on “DATES FOR FILING OF EMPLOYMENT-BASED VISA APPLICATIONS” (Employment-based: 1st), you may file Form I-485 for a green card, along with Form I-765 for work authorization and Form I-131 for a travel document (advance parole).
Once your priority date becomes “current” on “FINAL ACTION DATES FOR EMPLOYMENT-BASED PREFERENCE CASES” (Employment-based: 1st), your Form I-485 will be approved and you will receive your green card.
This usually means that for EB-1B applicants born in Mainland China and India, there might be a couple of years of waiting between the approval of EB-1B and the filing of Form I-485. This wait is almost always shorter than other EB categories.
For applicants born in places other than Mainland China or India, there is usually no wait between the approval of EB-1B and the filing of Form I-485.
What is the difference between O-1 and EB-1?
Both O-1 and EB-1 are known as “extraordinary ability” visas, but the O-1 is non-immigrant (no green card) while the EB-1, upon approval, directly leads to permanent residency (green card). The criteria for O-1 and EB-1 seem similar, but in both theory and practice, the EB-1 requires a higher standard than the O-1. Therefore, the EB-1 is more difficult to obtain than the O-1. Yet the O-1 can often be a stepping stone for the EB-1.
What is the difference between EB-1A and EB-1B?
The EB-1A visa is for people in many fields, including the sciences, education, business, and athletics. The EB-1B visa is for scholars and researchers only.
EB-1B requires a sponsor, which means that you may not self-petition, while the EB-1A allows self-petition. Additionally, EB-1A and EB-1B have different criteria.
Can I bring dependents under an EB-1B visa?
Yes. An EB-1B applicant may bring their legally married spouse and unmarried children under the age of 21 as dependents. If approved, EB-1B dependents may also obtain green cards.
