Frequently Asked Questions about EB-1B

Q: During my application for EB-1B, I lost my permanent job. Will my application be approved?

A: If the employer does not withdraw the application, your application may still be approved. If the employer withdraws the application, your application will be invalid. Only if you have submitted I-485 and have worked with your employer for 180 days can I-485 application be approved.

Q: If my EB-1B application has been approved, do I need to continue working in the field of application?

A: You must continue to work in the relevant fields of EB-1B application. Otherwise, the pending I-485 or the approved I-485 may be cancelled by USCIS.

Q: My employer is willing to apply for EB-1B for me. Can I submit EB-1A and EB-1B at the same time?

A: You can submit EB-1A and EB-1B applications at the same time. The two applications are independent applications, and their respective application results will not affect each other. You can also submit EB-1A, NIW and EB-1B at the same time.

Q: I work part-time in academic research with a private employer. The salary is calculated at $50 per hour. Can I qualify for a permanent research position? The contract does not specify the specific termination time of the position.

A: Not always. You are qualified for a permanent research position and you are also working in the field of academic research. But the EB-1B requirement specifies that permanent job offers need to be provided by private employers who employ at least three full-time researchers and have made outstanding contributions in the field.

Q: I am a professor in a university in the United States . Can I apply for EB-1B?

A: Not necessarily. It depends on whether you are a tenured professor in the university. There are many definitions of “permanent job position”. The application procedure of EB-1B is more complicated. If you think you may meet the requirements of EB-1B, you can fill out online assessment form. (Online assessment form, please click here)