EB1 Outstanding Professor or Researcher Green Card candidates who can demonstrate professional achievements significantly higher than others in their fields of expertise may be granted a waiver of the PERM Labor Certification requirement for the green card application. However, this EB1 green card category–unlike the EB1 Extraordinary Ability category–requires an offer of employment from a US employer.
Individuals who qualify for an EB1 Outstanding Professor or Researcher Green Card must be internationally recognized as outstanding in a specific academic area; have at least 3 years of experience in teaching or research in a particular area of expertise; and seek to enter the US to occupy one of the following:
The EB1 Outstanding Professor or Researcher Green Card requires a job offer from a US employer. In addition, an EB1 Outstanding Professor or Researcher petition must be accompanied by:
1. Evidence that the EB1 Outstanding Professor or Researcher is recognized internationally as outstanding in the field of expertise. This should consist of at least 2 of the following:
2. Evidence that EB1 Outstanding Professor or Researcher has at least 3 years of experience in teaching and/or research in the candidate’s field of expertise. Experience gained while working on an advanced degree is only acceptable if the EB1 candidate has acquired that degree, and if the teaching duties were such that the candidate had full responsibility for classes taught, or if the research conducted toward the degree has been recognized within the academic field as outstanding. And,
3. A offer of employment from a US employer that is indefinite in duration from:
An EB1 Outstanding Professor or Researcher Green Card petition should show impact in the field of expertise that is substantially above the norm. A handful of publications is unlikely to enable success in the EB1 Outstanding Professor or Researcher Green Card category except in narrow circumstances, particularly since USCIS’s current stance is that all professors and researchers must publish and review the work of others (and therefore, there is nothing extraordinary about simply meeting the regulatory standard). Note also that quality of evidence is of more importance than quantity.
Finally, we will accept an EB1 Outstanding Professor or Researcher Green Card case only if we feel it has a high chance of success after examining the prospective client’s credentials and subjecting them to an analysis of applicable regulations and trends in USCIS adjudication of EB1 Outstanding Professor or Researcher Green Card petitions.