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What is the EB-1B Green Card? What are the Criteria for the EB-1B Green Card? Do I qualify for EB-1B Green Card?

By May 5, 2020April 9th, 2021Immigration
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The EB-1B Green Card is designated for outstanding researchers and professors. To qualify for the EB-1B green card, you have to demonstrate international recognition for your outstanding achievements in a particular academic field.

The EB-1B petition does not require a PERM labor certification, but it does require an employer to petition on your behalf based on a permanent job offer. This means, that you cannot file a self-petition for this green card category. This is in contrast to the EB-1A petition for individuals of extraordinary ability which can be self-petitioned without the need for a permanent job offer.

For the EB-1B petition, you will also have to prove that you have at least 3 years of experience in teaching or research in the academic area and you have to have an offer of employment from:

  • S. university or institution of higher education for a tenured or tenure-track position in your academic field;
  • S. university or institution of higher education for a permanent research position in your academic field;
  • Private employer that employs at least 3 full time people in research positions and it has achieved documented achievements in an academic field.

In order to apply for the EB-1B green card, you must meet at least 2 out of the 6 listed evidentiary criteria listed below:

  • Evidence of receipt of major prizes or awards for outstanding achievement;
  • Evidence of membership in associations that require their members to demonstrate outstanding achievement;
  • Evidence of published material in professional publications written by others about your work in the academic field;
  • Evidence of participation, either on a panel or individually, as a judge of the work of others in the same or allied academic field;
  • Evidence of original scientific or scholarly research contributions in the field;
  • Evidence of authorship of scholarly books or articles (in scholarly journals with international circulation) in the field.

In evaluating whether you qualify for the EB-2B green card, USCIC officers will first evaluate whether the evidence you submitted meets at least 2 of the 6 above mentioned criteria, applying the preponderance of the evidence standard (i.e. more likely than not). Secondly, the USCIS officers will evaluate “quality of the evidence” and consider the petition in its entirety to make a final merits determination whether the petitioner demonstrated that you are recognized internationally as outstanding in a specific academic area.

For further details on the EB-1 green card, please click here.

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