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The second category of "Priority Worker" visas is for professors and researchers who are recognized internationally as outstanding in his or her academic fields. The beneficiary of an approved EB-1b immigration visa petition is entitled to obtain permanent residence (green card) status of United States.

The benefits of an EB-1b visa are as follow:

1.        No requirement for labor certification.

2.        Generally faster than other employment immigration visa.

Aliens may seek to come to the US via application of EB-1b to:

1.        Teach a tenure-track teaching position in his or her field;

2.        Conduct research in a tenure-track research position in his or her field;

3.        Conduct research in an university or institute of higher education;

4.        Conduct research with a private employer and that employer employs at least three full-time persons in research positions and has achieved documented accomplishments in the field.

Requirements and Qualifications:

To qualify for the EB-1B category, professors and researchers must be demonstrated to be internationally recognized for their outstanding expertise in their respective academic field. The applicant must present evidence in at least two of the following:

1.        Receipt of major prizes or awards for outstanding achievement;

2.        Membership of associations that require outstanding achievement;

3.        Published material about the alien’s work in professional or major publications by others in the field;

4.        Participation in a panel or as an individual performing as a judge of the work others in the same or an allied field of specialization;

5.        Evidence of original scientific research;

6.        Authorship of scholarly books and/or articles in the field. 

In addition, the professor or researcher has to have at least 3 years of teaching or research experience in the respective academic field.

Process of Application:

The petition for EB-1a visa is filed using the Form I-140 Immigrant Petition for Alien Worker. While it is not required a job offer or a Labor Certification, the application process should not be underestimated. This petition and supporting documents are filed directly with the appropriate Service Center of the USCIS. You do not have to file anything with the Department of Labor.  You may also file your permanent residency application at the same time as your I-140 Petition, and receive work and travel authorization. The applicants must also submit extensive documentations to demonstrate their "extraordinary ability", which discussed above.

After approval by USCIS, the applicant will be issued the green card in the so-called Consular Processing. This is also a very complex process.

Moreover, the applicant has the option to apply for "adjustment of status" in the US, if he or she already has a valid non-immigrant status.



美国执业大律师:胡德翰 律师(John D. Hu, Esq.)美国胡德翰律师楼              


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