AWhat is Outstanding Researcher/Outstanding Professor?
Outstanding Researcher/Outstanding Professor(EB-1B) (see Immigration & Nationality Act 8 C.F.R. §203(b)(1)(B))
The Outstanding Researcher or Professor is a first-preference employment-based petition. EB-1B mainly applicable to outstanding professors or researchers who have gained international reputation in specific scientific and academic fields and are widely recognized in this field. In addition, at least three years of relevant research or teaching experience is required. EB-1B does not need to apply for a PERM Labor certification. EB-1B requires the permanent job offer from the employer.
According to 8 C.F.R. §204.5(i)(3)(ii), experience in teaching or research while working on advanced degree may be counted if degree is acquired, person had full responsibility for the class taught, or the research has been recognized as outstanding in the academic field.
BB. The requirements of Outstanding Researcher/Outstanding Professor
How to judge “Outstanding Researcher/Outstanding Professor”, Immigration & Nationality Act gives three criteria:
- They must have earned international reputation in particular scientific or academic field, and their achievements are widely recognized.
- They must have at least three years of relevant research or teaching experience in particular scientific or academic field.
The accumulated teaching and research experience of aliens during the period of studying for advanced degree can be taken into account. But the premise is that the alien needs to get advanced degree. Experience in teaching or research while working on advanced degree may be counted if degree is acquired, person had full responsibility for the class taught, or the research has been recognized as outstanding in the academic field. - They must have got a permanent job offer for a research position or a tenured teaching position from their sponsoring employer.
Permanent job offer means that employers offer jobs without deadlines, and employees can continue to work unless they are fired for any reason.Most jobs can be considered permanent jobs, except for jobs with clear deadlines.Part-time jobs can also be recognized as permanent jobs if there is no fixed time limit. In addition, a permanent job position can be a future job opportunity offered by the employer to the applicant.
- a)Tenure (or tenured track) teaching position within a university or institution of higher education;
- b)A comparable position at university or institute of higher education to conduct research; or
- c)A comparable position to conduct research with private employer if it employs at least 3 full-time researchers and the departmental, division or institution has achieved documented accomplishments in an academic field.
- But, research will not include engineering or product design because such activity is the “technological application of existing research.”
When the above three criteria are met, , the beneficiary must also meet at least two of the six criteria of Immigration & Nationality Act.:
1) Documentation of the alien’s receipt of major prizes or awards for outstanding achievement in the academic field;
Professional Attorney Analysis: It can be any national award or internationally recognized award, or a major award in the provincial or municipal region.
2) Documentation of the alien’s membership in associations in the academic field which require outstanding achievements of their members;
Professional Attorney Analysis: Based on the experience of our team, it is very difficult for applicants to meet this criterion. Most associations that only need to pay application fees or membership fees will not be accepted by USCIS.
3) Evidence of published material about you in professional or major trade publications or other major media
Professional Attorney Analysis: According to the circulation of media, we can judge whether the media belongs to the “main media”. However, with the progress of society and science and technology, more and more paper media have withdrawn from the stage of history, and the judicial standards of USCIS have also changed. Now USCIS also accepts the reports from the Internet media. The main Internet media in China, such as Sina, Sohu, Tencent News and Phoenix News, are all accepted Chinese media. The media in Europe and America need to be mainstream media or related professional media, such as www.techcrunch.com, www.thenextweb.com, etc. Media coverage must include headlines, dates, authors, and detailed translations.
In addition, in recent years, USCIS has been more and more strict in checking media coverage. Simple media coverage is of no significance to EB-1A application. Media coverage needs to be specific, preferably in the form of exclusive interviews.
4) Evidence that you have been asked to judge the work of others, either individually or on a panel
Professional Attorney Analysis: Applicants must complete at least three reviews if they want to meet this criterion. Applicants in the field of science need at least 8 to 10 reviews. The applicant must evaluate and appraise the works of others in his or her professional field or other related fields.
5) Evidence of your authorship of scholarly articles in professional or major trade publications or other major media
Professional Attorney Analysis: USCIS pays more attention to the quantity and quality of articles. Many applicants mistakenly believe that publishing a lot of articles in a short time can meet such requirements. USCIS will focus on citation of articles published by applicants. Generally speaking, it is easier for applicants in the fields of medicine, biology, chemistry, physics and other natural sciences to obtain a large number of citations. The articles of applicants in computer, mathematics and some liberal arts fields will be less cited.
6) Evidence of your original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field
Professional Attorney Analysis: This criterion is the most flexible of all the 10 criteria, and can be considered as an “all-round” option for Aliens of Extraordinary Ability. Generally speaking, we suggest that clients should patent application certificates, expert recommendation letters, business contracts and other evidence.
CC. The differences between EB-1A Aliens of Extraordinary Ability and EB-1B Outstanding Researcher/Outstanding Professor
| EB-1B Outstanding Researcher/Outstanding Professor | EB-1A Aliens of Extraordinary Ability | |
| Requirements | Application requirements are lower than those of EB-1A | Application requirements are higher than those of EB-1B |
| Applicants’ Fields | In particular scientific or academic field | in five fields of science, art, education, business, or sports |
| Employer | Employer must provide permanent job offer. The petitioner is the employer. | The alien can apply for EB-1A without employer |
| Can you change your employer? | If the employer is replaced during the application period, the application shall be suspended. | No employer. You can change employers at will. |
| Working experience | At least three years of relevant research experience or teaching experience | At least three years of relevant research experience or teaching experience |