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Immigration Has No Borders
Frequently Asked Questions on EB-1B Visa Category
What is the EB-1B visa category?
The EB-1B visa category is designed for outstanding professors and researchers who wish to immigrate to the United States to pursue tenure or tenure-track teaching or research positions at universities, research institutions, or other academic or scientific organizations.
To be eligible for an EB-1B visa, an individual must demonstrate outstanding achievements and recognition in their academic or scientific field, as well as an offer of employment from a qualified U.S. employer.
The criteria for demonstrating eligibility under the EB-1B category include:
International recognition for outstanding achievements in a particular academic or scientific field.
At least three years of experience in teaching or research in the field.
A job offer for a tenured or tenure-track teaching or research position at a qualifying U.S. employer.
No, individuals cannot self-petition for an EB-1B visa. The petition must be filed by a qualified U.S. employer on behalf of the prospective employee.
While there is no specific list of required documents, individuals applying for an EB-1B visa typically submit evidence such as letters of recommendation from experts in their field, evidence of publications, conference presentations, awards, and other relevant documentation to support their petition.
Processing times for EB-1B petitions can vary depending on factors such as the volume of applications, the complexity of the case, and the USCIS service center processing the petition. Generally, it can take several months to over a year for an EB-1B petition to be processed.
Yes, individuals applying for an EB-1B visa can include their spouse and unmarried children under the age of 21 as derivative beneficiaries on their petition. Each family member must meet the eligibility criteria for derivative benefits under the EB-1B category.
Once USCIS approves the EB-1B petition, the individual may be eligible to apply for adjustment of status (Form I-485) if they are in the United States, or they may need to apply for an immigrant visa at a U.S. embassy or consulate abroad if they are outside the United States.
Yes, individuals have the option to appeal a denial of their EB-1B petition to the Administrative Appeals Office (AAO) if they believe that the denial was incorrect or unjustified.
Yes, individuals with approved EB-1B petitions may be eligible to apply for a green card through employment-based immigration pathways, either through adjustment of status in the United States or through consular processing abroad.
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