You are using an out of date browser. It may not display this or other websites correctly.
You should upgrade or use an alternative browser.
You should upgrade or use an alternative browser.
EB1 (outstanding researcher)
- Thread starter vindvd
- Start date
After you get your greencard, you can eventually move to another employer. However, that is not the expected outcome for this category in the short term. Leaving right away will look suspicious and will come back to haunt you. Although you did not specify, it would appear that you are NOW working for the I-140 petitioner, right? Merely having an approved I-140 is insufficient as there is no "portability" for this category.
An offer of “permanent” employment from a prospective United States employer.
[A labor certification is not required for this classification.]
Permanent, in reference to a research position, means either tenured, tenure-track, or for a term of indefinite or
unlimited duration, and in which the employee will ordinarily have an expectation of continued employment unless
there is good cause for termination.
The offer of employment shall be in the form of a letter from:
A United States university or institution of higher learning offering the alien a tenured or
tenure-track teaching position in the alien's academic field;
A United States university or institution of higher learning offering the alien a permanent
research position in the alien's academic field; or
A department, division, or institute of a private employer offering the alien a permanent
research position in the alien's academic field. The department, division, or institute must
demonstrate that it employs at least three persons full-time in research positions, and that it has
achieved documented accomplishments in an academic field.
An offer of “permanent” employment from a prospective United States employer.
[A labor certification is not required for this classification.]
Permanent, in reference to a research position, means either tenured, tenure-track, or for a term of indefinite or
unlimited duration, and in which the employee will ordinarily have an expectation of continued employment unless
there is good cause for termination.
The offer of employment shall be in the form of a letter from:
A United States university or institution of higher learning offering the alien a tenured or
tenure-track teaching position in the alien's academic field;
A United States university or institution of higher learning offering the alien a permanent
research position in the alien's academic field; or
A department, division, or institute of a private employer offering the alien a permanent
research position in the alien's academic field. The department, division, or institute must
demonstrate that it employs at least three persons full-time in research positions, and that it has
achieved documented accomplishments in an academic field.
Thanks Bigjoe5,
I have not yet started the application process. I am working as a senior scientist at a startup company with ~25 scientists, and they are willing to support me. I have a PhD in chemistry with 9 publications (67 citations) and still confused whether to go for EB1a or EB1b. I don't want to be tied up with an employer, would like the flexibility to move if I have a better Option. I consulted a lawyer and he told me, if we file i140 and i485 forms concurrently in EB1-OR category, I would be able to change employer after i140 form is approved.
Please suggest what are my best options.
Thanks for your time.
I have not yet started the application process. I am working as a senior scientist at a startup company with ~25 scientists, and they are willing to support me. I have a PhD in chemistry with 9 publications (67 citations) and still confused whether to go for EB1a or EB1b. I don't want to be tied up with an employer, would like the flexibility to move if I have a better Option. I consulted a lawyer and he told me, if we file i140 and i485 forms concurrently in EB1-OR category, I would be able to change employer after i140 form is approved.
Please suggest what are my best options.
Thanks for your time.
INA 203
(b) Preference Allocation for Employment-Based Immigrants. - Aliens subject to the worldwide level specified in section 201(d) for employment-based immigrants in a fiscal year shall be allotted visas as follows:
(1) Priority workers. - Visas shall first be made available in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (4) and (5), to qualified immigrants who are aliens described in any of the following subparagraphs (A) through (C):
(A) Aliens with extraordinary ability. - An alien is described in this subparagraph if -
Compare your chances with these unofficial tools.
(i) the alien has extraordinary ability in the sciences, arts, education, business, or athletics which has been demonstrated by sustained national or international acclaim and whose achievements have been recognized in the field through extensive documentation,
(ii) the alien seeks to enter the United States to continue work in the area of extraordinary ability, and
(iii) the alien's entry into the United States will substantially benefit prospectively the United States.
(B) Outstanding professors and researchers. -An alien is described in this subparagraph if -
(i) the alien is recognized internationally as outstanding in a specific academic area,
(ii) the alien has at least 3 years of experience in teaching or research in the academic area, and
(iii) the alien seeks to enter the United States-
(I) for a tenured position (or tenure-track position) within a university or institution of higher education to teach in the academic area,
(II) for a comparable position with a university or institution of higher education to conduct research in the area, or
(III) for a comparable position to conduct research in the area with a department, division, or institute of a private employer, if the department, division, or institute employs at least 3 persons full-time in research activities and has achieved documented accomplishments in an academic field.
You stand a good chance of meeting INA 203(b)(1)(B) but not likely to qualify for (A)
(b) Preference Allocation for Employment-Based Immigrants. - Aliens subject to the worldwide level specified in section 201(d) for employment-based immigrants in a fiscal year shall be allotted visas as follows:
(1) Priority workers. - Visas shall first be made available in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (4) and (5), to qualified immigrants who are aliens described in any of the following subparagraphs (A) through (C):
(A) Aliens with extraordinary ability. - An alien is described in this subparagraph if -
Compare your chances with these unofficial tools.
(i) the alien has extraordinary ability in the sciences, arts, education, business, or athletics which has been demonstrated by sustained national or international acclaim and whose achievements have been recognized in the field through extensive documentation,
(ii) the alien seeks to enter the United States to continue work in the area of extraordinary ability, and
(iii) the alien's entry into the United States will substantially benefit prospectively the United States.
(B) Outstanding professors and researchers. -An alien is described in this subparagraph if -
(i) the alien is recognized internationally as outstanding in a specific academic area,
(ii) the alien has at least 3 years of experience in teaching or research in the academic area, and
(iii) the alien seeks to enter the United States-
(I) for a tenured position (or tenure-track position) within a university or institution of higher education to teach in the academic area,
(II) for a comparable position with a university or institution of higher education to conduct research in the area, or
(III) for a comparable position to conduct research in the area with a department, division, or institute of a private employer, if the department, division, or institute employs at least 3 persons full-time in research activities and has achieved documented accomplishments in an academic field.
You stand a good chance of meeting INA 203(b)(1)(B) but not likely to qualify for (A)
Last edited by a moderator: