Form EB-1 Immigrant Petition Request Form, Outstanding Professor/Researcher
INSTRUCTIONS : IMMIGRANT PETITION REQUEST FORM, OUTSTANDING PROFESSOR/RESEARCHER (Form EB-1)
• The EB-1 visa is a United States visa created by the Immigration Act of 1990—this particular visa provides a method of obtaining permanent residency for those individuals who are labeled as “priority workers.” This classification denotes that the foreign nation either possesses an “extraordinary ability” or is an “outstanding professor or researcher” in a particular subject. Additionally, the EB-1 visa may be awarded if the candidate is an executive or manager of a foreign company who is then transferred to the United States. In summation, the EB-1 visa allows the candidate to remain in the United States for the purpose of performing research, conducting business, or playing on an Athletic team.
• Foreign nationals may apply for the EB-1 Priority Workers Visa if they are officially classified as one of the following three types of aliens:
o The applicant possesses an “extraordinary ability in the sciences, arts, education, business or athletics field, which has been demonstrated by sustained national or international acclaim and whose achievements have been recognized in the field through extensive documentation.”
o The applicant is an outstanding professor or researcher who is recognized internationally for their outstanding academic success in a particular field. In this classification, the applicant must also have at least three years experience in teaching or research in the underlying academic subject or area and enter the United States in a tenure teaching or comparable research position at a university or other institution of higher education.
o The applicant may be permitted an EB-1 Priority Workers visa if the individual is an executive or manager of a foreign company and is transferred to the United States to fulfill a similar American post.
• Dissimilar to EB-2 and EB-3 applicants, an EB-1 applicant does not have to complete the labor certification process and they may obtain temporary work cards and travel documents while the application is pending. The visa application has two distinct parts: the I-140 petition and a background check. The I-140 application, in general, seeks to prove that applying alien has extraordinary abilities; it achieves this process in four parts:
o The application will ask for information about an alien’s field of endeavor
o Background information about the alien
o Evidence of extraordinary ability
o Evidence that the alien will continue to work in the field of endeavor.
