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LPY Law Group

What evidence should be submitted in Eb-1B petition?

Petitioner should submit evidence establishing that the professor or researcher is recognized as outstanding in the academic field. Such evidence must include documentation of at least two of the following:

  1. Receipt of major prizes or awards for outstanding achievement;
  2. Membership in associations that require their members to demonstrate outstanding achievements;
  3. Published material in professional publications written by others about the alien's work in the academic field;
  4. Participation, either on a panel or individually, as a judge of the work of others in the same or allied academic field;
  5. Original scientific or scholarly research contributions in the field;
  6. Authorship of scholarly books or articles (in scholarly journals with international circulation) in the field.

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Can private companies sponsor Eb-1B?

Yes, a private company can file an Eb-1B petition for a qualified alien worker. However, there are additional requirements a private company has to meet for filing Eb-1B petitions. If the employer is a private company rather than a university or educational institution, the department, division, or institute of the private employer must employ at least three persons full-time in research activities and have achieved documented accomplishments in an academic field.

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I am an engineer, and job duties involve primarily engineering, can I apply for Eb-1B?

No. Eb-1B is a classification for researchers and professors only. To be eligible for this classification, your job duties must be primarily research.

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Does Eb-1B need employer sponsorship?

Yes, unlike Eb-1A, Eb-1B requires that the alien has a permanent employment offer from a U.S. employer. Permanent job offer includes, but is not limited to, tenure or tenure-track positions. For positions other than tenure or tenure-track, the offer letter must be carefully drafted to meet the "permanent job" requirement. Click Here for a Sample Offer Letter for Eb-1B petition.

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What are the statutory requirements for Eb-1B?

An Eb-1B outstanding professor or researcher must have at least three years' experience in teaching or research in that academic area and enter the U.S. in a tenure or tenure-track teaching or comparable research position at a university or other institution of higher education.

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What is Eb-1B?

Eb-1B, also known as classification of outstanding professors and researchers, is given to professor and researchers recognized internationally for their outstanding academic achievements in a particular field.

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