EB-1B FAQ：

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1. What is the EB-1B visa?

The EB-1B visa is an employment-based immigrant visa category for outstanding professors and researchers. It allows highly accomplished individuals in academia or research to apply for U.S. permanent residency based on their demonstrated international recognition in their field.

 

2. Who qualifies for the EB-1B visa?

To qualify for the EB-1B visa, the applicant must:

Have at least three years of teaching or research experience in their academic field.

Be internationally recognized for outstanding achievements in their area of expertise.

Have a permanent job offer for a tenure-track teaching or comparable research position at: A U.S. university or institution of higher education, or A private employer with an established research department that meets specific research criteria.

 

3. What are the benefits of the EB-1B visa?

The EB-1B visa offers several advantages, including:

• No labor certification required, making the process faster than many other employment-based categories.

• Premium processing option, allowing USCIS to adjudicate the petition within 15 calendar days (if selected).

• Faster green card processing compared to other employment-based visas.

• Derivative benefits: The applicant's spouse and unmarried children under 21 can apply for green cards as dependents.

 

4. What evidence is required to support an EB-1B petition?

An EB-1B petition must include strong supporting evidence, such as:

• Recommendation letters from well-established experts in the field.

• Proof of significant contributions to the academic or research community.

• Job offer letter from a qualifying U.S. employer.

• Minimum three years of teaching or research experience (e.g., employment verification letters).

• Publications, citations, conference presentations, awards, and memberships in professional organizations.

 

5. How long does it take to process an EB-1B petition?

Processing times can vary, but typically:

• Standard processing takes several months depending on USCIS workload.

• Premium processing (optional) allows a decision within 15 calendar days.

• If a Request for Evidence (RFE) is issued, additional processing time may be required.

 

6. Can family members of EB-1B visa holders also obtain visas?

Yes. The spouse and unmarried children under 21 years old can apply for derivative green cards under the EB-1 category:

Spouse: E-14 category.

Children: E-15 category.

 

7. What are the main differences between the EB-1B and EB-1A visas?

The EB-1B visa is for outstanding professors and researchers with international recognition and a job offer from a U.S. employer, while the EB-1A visa is for individuals with extraordinary ability in the sciences, arts, education, business, or athletics who can demonstrate sustained national or international acclaim. The EB-1A does not require a job offer or employer sponsorship.

 

8. What happens if my EB-1B petition is denied?If your EB-1B petition is denied, you have several options:

• File a motion to reopen or reconsider with USCIS, providing additional evidence or correcting errors.

• Appeal to the Administrative Appeals Office (AAO).

• Refile the petition with stronger supporting documentation.

• Consider alternative immigration options, such as EB-2 NIW or O-1 visas.

 

9. Can I change employers or job positions after receiving an EB-1B visa?

The EB-1B visa is tied to the specific employer and position at the time of application.

Before getting the green card: Changing employers may require a new petition.

After getting the green card: You have more flexibility to change jobs or employers.

 

10. How does the EB-1B visa impact my path to U.S. permanent residency?

The EB-1B visa is a direct path to obtaining a U.S. green card. The process generally includes:

1️⃣ I-140 Petition Approval: Once USCIS approves your EB-1B petition, you can move to the next step.

2️⃣ Adjustment of Status (I-485) or Consular Processing:

If in the U.S., you file Form I-485 for a green card.

If outside the U.S., you go through consular processing.

3️⃣ Green Card Issuance: Upon approval of the final stage, you receive U.S. permanent residency.