Overview

Who qualifies for EB-1B?

The EB-1B is designed for professors and researchers who are internationally recognized as outstanding in their academic discipline. Unlike most employment-based green cards, it bypasses the PERM labor certification process — no lengthy recruitment effort is required. What it does require is a sponsoring employer and a concrete job offer.

Qualifying positions include tenure and tenure-track roles at universities, permanent research positions at universities, and research roles at private-sector employers that have at least three full-time researchers and a documented record of achievements. The petitioner must have at least three years of experience in teaching or research in the field.

For researchers with strong publication records, citation counts, peer review participation, or leadership in their discipline, EB-1B is often the most direct path to permanent residence — faster than EB-2 NIW for those whose employers are willing to sponsor.

Eligibility criteria

What USCIS looks for.

EB-1B applicants must satisfy at least two of the following six criteria — or demonstrate receipt of a major international award for outstanding achievement in their field.

01

Prizes & awards

Receipt of major prizes or awards for outstanding achievement in the academic field.

02

Membership

Membership in associations in the academic field that require outstanding achievements of their members.

03

Published material

Published material in professional publications written by others about your work in the academic field.

04

Judging

Participation as a judge of the work of others in the same or allied academic field — including peer review of journal submissions.

05

Original contributions

Original scientific or scholarly research contributions to the academic field.

06

Scholarly books or articles

Authorship of scholarly books or articles in scholarly journals with international circulation.

Pricing

Transparent fees.

Fixed fees quoted upfront. Government filing fees are separate and vary by processing speed. Adjustment of status or consular processing fees are additional.

Standard
$7,500
Attorney fees only
Profile evaluation
Petition drafting
Evidence strategy
Employer coordination
RFE response included
EB-1B + EB-1A bundle
$13,500
Concurrent self-petition hedge
Everything in Standard
Concurrent EB-1A self-petition
Employer-independent fallback
Shared evidence package
Priority case management
Adjustment of status
$3,500
After I-140 approval
I-485 preparation
Work & travel permits
Biometrics coordination
Interview preparation
Green card issuance support
What to expect

Timeline from evaluation to green card.

EB-1B skips PERM labor certification, which removes 12–18 months from the typical employer-sponsored green card process. For nationals of most countries, priority dates are current, meaning no backlog wait after I-140 approval.

1

Initial evaluation

We assess your criteria, academic record, and employer's qualifying status. We'll tell you whether EB-1B or EB-1A is the stronger path.

1–2 business days
2

Employer engagement

We work with your department or HR to confirm the qualifying position, gather the offer letter, and align on the petition strategy.

1–2 weeks
3

Evidence gathering

We compile publication records, citation data, peer review history, award documentation, and expert reference letters.

3–6 weeks
4

USCIS I-140 adjudication

We file the employer-sponsored I-140 petition. Premium processing: 15 business days. Regular: 6–12 months.

15 days – 12 months
5

Adjustment or consular processing

If you're in the US, we file I-485 for adjustment of status. If abroad, we manage NVC and consular processing.

6–18 months
FAQ

Common questions.

Qualifying employers include universities and institutions of higher education offering tenure or tenure-track positions, as well as private employers with a qualifying research department. Private employers must employ at least three full-time researchers and have achieved documented research accomplishments. National labs, major research hospitals, and corporate R&D divisions commonly qualify.
EB-1A allows self-petition and covers extraordinary ability across all fields. EB-1B requires an employer sponsor, is limited to professors and researchers, and applies a slightly narrower set of criteria (six vs. ten). EB-1A is more flexible but requires meeting a higher overall evidentiary threshold. Many academic researchers qualify for both — filing EB-1B with employer sponsorship and EB-1A as a self-petition hedge is a common strategy.
No. EB-1B explicitly exempts petitioners from the PERM labor certification requirement. This is one of its key advantages over EB-2, which typically requires PERM (except for the NIW subcategory). The employer must still conduct a qualifying competitive recruitment process, but this is a simpler, less prescriptive requirement than PERM.
Yes. USCIS accepts peer review of journal submissions as evidence of judging under criterion 04. Invitation letters from journals, confirmation of reviews completed, and documentation of editorial board membership all support this criterion. Researchers who have reviewed for multiple journals can often satisfy this criterion on its own.
Because EB-1B is employer-sponsored, a job change can affect the petition. If you change employers before the I-140 is approved, the petition may need to be refiled with the new employer. After I-140 approval and after 180 days in adjustment of status, portability rules may allow you to change to a same-or-similar position. We advise clients on timing carefully before any employment move.
Yes. EB-1B priority dates are current for most countries, but nationals of India and China face significant backlogs due to per-country caps. For affected nationals, we often recommend filing a concurrent EB-1A self-petition to preserve options if employment circumstances change during a long wait.