1. What is the eligibility criteria for an Outstanding Professor or Researcher visa (EB-1)?
The eligibility criteria for an Outstanding Professor or Researcher visa (EB-1) includes the following criteria:
• Must be recognized internationally as outstanding in a specific academic field.
• Must have at least 3 years of teaching or research experience in the subject field.
• Must be coming to the U.S. to pursue tenure or tenure track teaching or a comparable research position at a university or other institution of higher education.
• Must have an offer of employment from the prospective U.S. employer.
• Must have evidence of recognition for his/her outstanding achievements in the academic field.
2. How do I prove that I meet the criteria as an Outstanding Researcher or Professor?
Proof of eligibility for the Outstanding Researcher or Professor category is typically provided by the applicant’s university or employer, such as a letter confirming the applicant’s current research position, recent publications, awards won, and number of years of research experience. Additionally, independent third party references may be requested to attest to the applicant’s research expertise.
3. What are the requirements for a valid Labor Certification?
The requirements for a valid Labor Certification include:
1. The employer must have previously tried to recruit for the position and not been able to fill the position with a U.S. worker.
2. The employer must prove that the foreign worker is qualified for the job and that no other U.S. workers are available to fill it.
3. The employer must have a valid job opening and provide a wage that meets or exceeds the prevailing wage of similar positions in the area of intended employment.
4. The employer must complete recruitment activities as required by the Department of Labor, including placing advertisements and conducting interviews.
4. What documents must be provided to prove my qualifications as a professor or researcher?
Generally, documentation of qualifications as a professor or researcher may include: proof of relevant academic qualifications (such as university transcripts), letters of reference from past employers or mentors, copies of published research papers, and sample teaching materials. Additionally, you may need to provide documentation of a valid visa and/or work permit that allows you to work as a professor or researcher in the specific country where you are applying.
5. How long does the entire process take to obtain an Outstanding Professor or Researcher visa (EB-1)?
The entire process of obtaining an Outstanding Professor or Researcher visa (EB-1) can take up to 1-2 years, depending on the case. It typically takes 6-9 months from the filing of the petition to the issuance of a work permit. It may also take longer if the application requires extra processing time or requires additional information or documentation.
6. Is there a minimum salary requirement to qualify for an EB-1 visa?
No, there is no minimum salary requirement to qualify for an EB-1 visa. However, the individual must be able to demonstrate that they have achieved sustained national or international acclaim and recognition in their field of expertise.
7. Are there any other requirements needed for an EB-1 visa application?
In addition to the basic requirements, a valid passport, evidence of extraordinary ability, letters of recommendation, and proof of a permanent job offer, other requirements may include evidence of compliance with U.S. immigration laws, evidence of educational or professional credentials, and proof of financial resources.
8. Are there any special rules and regulations for U.S.-based employers of EB-1 applicants?
Yes, employers of EB-1 visa applicants must comply with the U.S. Department of Labor’s requirements for labor certification, including recruitment and documentation. Additionally, employers must demonstrate that they are able to pay the prevailing wage for the position and provide evidence of a legitimate job offer. Lastly, EB-1 visa applicants must be able to demonstrate that they possess extraordinary ability in their field.
9. What is the priority date for the EB-1 Immigrant Visa?
The priority date for the EB-1 Immigrant Visa is determined by the date the labor certification or employment-based immigrant petition, Form I-140, is filed with U.S. Citizenship and Immigration Services (USCIS).
10. Can I bring my spouse and children with me on an EB-1 visa?
Yes, your spouse and unmarried children under 21 years old may be able to immigrate with you on Dependent Visas. The dependent visa category for your family members is EB-2.
11. Can I adjust my status in the US after getting an EB-1 visa?
Yes, it is possible to adjust your status in the US after getting an EB-1 visa. However, you must meet the requirements for adjusting your status, which can include having a valid immigration status in the US at the time of filing and being authorized to work in the US.
12. Can I apply for an EB-1 visa while I am in the US on a nonimmigrant visa?
Yes, you can apply for an EB-1 visa while in the United States on a nonimmigrant visa. However, you must depart the United States and obtain your immigrant visa at a U.S. consulate or embassy abroad before you are able to enter the United States in an EB-1 immigrant status.
13. What happens if my application is denied for an EB-1 visa?
If your application for an EB-1 visa is denied, you may appeal the decision with the Board of Immigration Appeals within 30 days of the denial. If your appeal is unsuccessful, you may be able to reapply for a different type of visa or apply for a green card through another immigration program.
14. Are there any restrictions on where I can work on an EB-1 visa?
No, there are no restrictions on where you can work on an EB-1 visa. However, you must obtain permission from the Department of Labor before you can start working in a new position or at a new place of employment.
15. How long can I stay in the US on an EB-1 visa?
The EB-1 visa allows you to remain in the US indefinitely, as long as you maintain your status.
16. Is there any additional documentation that I should provide with my application?
No, you only need to submit the required documentation listed on the application form. However, depending on your particular circumstances, some programs may require additional documents or require that you submit a personal statement. Contact the specific program for more information.
17. Do I need to have a job offer from a US employer before applying for the EB-1 visa?
No, you do not need to have a job offer from a US employer to apply for the EB-1 visa. The EB-1 visa is available to individuals of extraordinary ability, exceptional professors and researchers, and multinational executives and managers. These categories do not require a job offer from a US employer.
18. Can I travel outside the US while waiting for my EB-1 visa application to be processed?
Yes, you can travel outside the US while waiting for your EB-1 visa application to be processed. However, it is important to note that if your visa application is denied while you are outside the US, you may not be able to reenter. Additionally, if you are outside the US for longer than six months, your visa petition may be considered abandoned. Therefore, it is important to plan any international travel accordingly.
19. Is it possible to expedite the application process for my EB-1 visa?
Yes, it is possible to expedite the process for your EB-1 visa. You may be able to request an expedited appointment for your interview or request to have your application moved to the front of the line for processing. Additionally, USCIS offers a premium processing service that allows you to get a decision on your application within 15 days.
20. What are some examples of evidence of sustained national or international recognition of excellence that can be used to qualify for an Outstanding Professor or Researcher Visa (EB-1)?
Examples of evidence of sustained national or international recognition of excellence that can be used to qualify for an Outstanding Professor or Researcher Visa (EB-1) include:
-Receipt of major prizes or awards for outstanding achievement in the academic field;
-Membership in associations that require outstanding achievements of their members, as demonstrated by international recognition;
-Published material about the alien in professional publications, other major media, or both;
-Participation, either on a panel or individually, as a judge of the work of others in the same or an allied academic field;
-Original scientific or scholarly research contributions in the field;
-Authorship of scholarly books or articles (in scholarly journals with international circulation) in the field; and
-A high salary or other remuneration for services, relative to others in the field.