[Overview of content]

1. What is EB-1B?
2. Advantages of EB-1B
3. EB-1B Petition Requirements
4. Required materials for application
5. EB-1B Petition Process
6. How does USCIS assess "excellence"?

I. What is EB-1B?

EB-1B is an immigrant visa category designed for internationally recognized outstanding professors and researchers.

1. Core requirements:

• Internationally recognized excellence in a specific academic field
• At least 3 years of teaching or research experience
• Receive a permanent job offer from a U.S. university or private research organization

2. Visa characteristics:

• Immigrant Visa: Direct Green Card (with spouse and children)
• No need for Labor Certification: Employers can skip the cumbersome Department of Labor approval process.
• Employer Sponsorship: Application must be submitted by a U.S. employer (you as beneficiary)

3. Applicable population:

• University professors (tenure-track or tenure-track positions required)
• Permanent researchers in higher education
• Private sector researcher (employer subject to specific conditions)

II. Three Major Advantages of EB-1B

1. Direct access to green cards

• Permanent residency for the whole family (spouse and children under 21 years of age) upon approval
• Freedom to enter and leave the U.S. and enjoy education, work and other benefits

2. Exemption from labor certification

• Most professional immigrants require the employer to prove that it is "unable to recruit qualified U.S. employees," but the EB-1B eliminates this step and speeds up the application process.

3. Lower standard than EB-1A "extraordinary ability"

• The EB-1B only requires proof of "internationally recognized excellence," which is easier to meet than the EB-1A's "Extraordinary Ability" requirement.

III. EB-1B Petition Requirements

The following three conditions need to be met at the same time:

1. Internationally recognized excellence in academic fields

At least 2 of the following 6 criteria need to be met:

• Significant awards: national or international academic awards (student awards are usually not valid).
• Membership in Distinguished Societies: Outstanding Achievement Required as a Criterion for Membership
• Academic evaluations published by others: features on your work in professional journals or the media (not just mentions)
• Serve as an academic reviewer: e.g., reviewer of journals, judge of academic competitions, etc.
• Original scholarly contributions: scientific research results that have had a significant impact on the field
• Academic publications: published books or refereed journal articles

Notes:If a standard is not applicable, evidence of equivalence may be submitted (written explanation required).

2. At least 3 years of teaching or research experience

Teaching/research experience while pursuing an advanced degree may be counted, subject to satisfaction:

• Teaching: Independent responsibility for a full course is required
• Research: results need to be recognized as outstanding in the field

3. Job offers from United States employers

Must be for one of the following three types of positions:

• Tenured or tenure track positions at colleges and universities (excluding adjunct/temporary professors)
• Permanent Research Positions in Higher Education (No Fixed Termination Period)
• Private sector researcher (to be met):
• Employer departments have hired at least 3 full-time researchers
• Department has recognized achievements in the academic field

IV. List of materials required for the application

1. Proof of award: certificate of merit, statement of selection criteria, statement of impact of the award
2. Proof of membership in the association: membership card, standard documents for membership in the association
3. Proof of work experience: Certificate of employment from previous employer (with description of duties)
4. Employer offer letter: written contract of employment (verbal offers are not valid)
5. Letters of recommendation from experts: written by authorities in the field to emphasize your academic influence
6. Photocopies of passports
7. personal resume

* :: Notes on letters of recommendation:Referrals should be made by experts in the field who have no direct interest in your work, and should include a specific case study to illustrate the value of your contribution.

V. EB-1B Petition Process

Step 1: Hire an Immigration Attorney

• Evaluating Qualifications and Determining EB-1B as the Best Pathway
• List of materials to be prepared

Step 2: File Form I-140

• Employer as Petitioner Files Immigrant Petition for Alien Worker with USCIS
• Attach all supporting documentation (awards, letters of recommendation, etc.)

Step 3: Adjustment of status or consular processing

• Adjustment of Status in the U.S. (I-485): for those already lawfully present in the U.S.
• Overseas Consular Processing (DS-260): Visa obtained after interview at embassy or consulate required

VI. How does USCIS assess "excellence"?

adoptionTwo-step review method::

Step 1: Evidentiary threshold review

• Check that at least 2 criteria are met
• Validation of quantity of evidence only, no assessment of quality

Step 2: Comprehensive substantive review

• Assessing the quality and impact of all evidence
• Determining whether the level of "internationally recognized excellence" has been truly achieved

crux: Even if 2 criteria are met, if the evidence is not strong enough (e.g., the award is of low monetary value), it may still be rejected.