Selected Topics in Immigration Law

Outstanding Researchers

The employment based EB1-2 preference category is for outstanding professors and researchers who have demonstrated a high level of achievement in their field. Unlike the EB1-1 category for scientists of extraordinary ability, this category requires sponsorship by a U.S. employer, either a university or private research institution or company.  However, similar to the EB1-1 category, no labor certification is required.
Criteria for EB1-2 Category:
1. The foreign individual must show at least three years of prior teaching or research experience in his or her academic area.
2. He or she must have an offer of employment for a tenure or tenure track position at a university or institution of higher learning or an offer of employment for a permanent research position with an employer which has at least three full-time researchers and which has documented accomplishments in an academic field.
3. The foreign individual must show that he or she is recognized internationally as outstanding in his or her academic field by providing documentation of at least two of the following:
a. Receipt of major prizes or awards for outstanding achievement;
b. Membership in an association which requires outstanding achievement;
c. Published material in professional publications written by others about the applicant's work;
d. Evidence of the person's participation as a judge of the work of others;
e. Evidence of original scientific research;
f. Authorship of scholarly books or articles in the field.
How may I obtain permanent resident status in the EB1-2 category?

The EB1-2 petition is filed at the appropriate USCIS Service Center.  As long as there is a visa number available at the time of filing the petition, the individual may apply concurrently for adjustment of status with his/her spouse and children under 21 years of age.  Alternatively, he may file for adjustment of status after the EB1-2 petition is approved, or after approval he may chose to undergo consular processing of his immigrant visa at a U.S. consulate abroad.

As with the family-based preference categories, the number of immigrant visas in the employment preference categories are also subject to an annual numeric limitation for nationals of each country. The filing date of the immigrant visa petition establishes the priority date for the application. However, unlike the family-based categories, the employment-based categories are normally current. Click the Department of State Visa Bulletin for the priority dates for preference category petitions and to find the backlog for each preference category.

To request a consultation regarding a petition as an outstanding professor or researcher, please contact our office here.