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Understanding employment-based immigration: EB-1 visas pt.2

Last week, our blog began discussing EB-1 visas, which are reserved for priority workers and therefore given first preference by U.S. Citizenship and Immigration Services.

These priority workers are comprised of three classifications of foreign nationals: outstanding professors and researchers, multinational executives and managers, and people who exhibit extraordinary ability in business, education, athletics, sciences or art. In the previous post, we focused on those with extraordinary ability and, in today's post, we'll focus on those seeking to enter the U.S. for purely academic pursuits.

Outstanding professors and researchers

USCIS indicates that those teachers and researchers looking to secure an EB-1 visa must have their prospective employer here in the U.S. file a Form I-140, Petition for Alien Worker.

This is far from the only requirement, however, as teachers and researchers must also show that they will be pursuing a tenure track teaching position or equivalent research position at a university or other academic institution.

Furthermore, they must have a minimum of three years experience in a specific field and show that they have achieved international recognition for their accomplishments in this same field.

This requirement of demonstrating international recognition can be satisfied by meeting two of the following criteria:

  • Providing evidence that you have won major awards or prizes for outstanding achievement.
  • Providing evidence that professional publications have published material discussing your work in the field.
  • Providing evidence that you belong to an association requiring its members to have made an outstanding achievement.
  • Providing evidence that you've conducted original scholarly or scientific research in the field.
  • Providing evidence that you have served as a judge tasked with evaluating the work of others in your field or a similar area.
  • Providing evidence that you have written academic books or articles in internationally known journals on matters in your field.

We'll conclude this discussion in the next post by examining EB-1 visas for multinational managers or executives. If you would like to learn more about employment-based immigration, consider speaking with an experienced legal professional.

Source: U.S. Citizenship and Immigration Services, "Employment-based immigration: First preference EB-1," Accessed March 11, 2015

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