Frequently Asked Questions About EB-1B

In the EB-1B file, the candidate's academic qualifications and the position offered by the employer are evaluated together. It is not enough to answer only one of the questions positively. In particular, the duration of experience, the permanence of the research assignment and the structure of the private employer should be examined separately. ¹

Is a doctoral degree mandatory?

The regulation does not prescribe a doctoral degree alone as a general requirement for every applicant. What is essential is outstanding international recognition in the particular academic field, appropriate experience and a suitable job offer. However, it is also important that the actual academic requirements of the offered position and that the candidate meets them. ¹

How many years of minimum experience is required?

At least three years of teaching or research experience in a relevant academic field is required. The nature and dates of the duties should be described in the employer's documentation. Just writing three years on the CV is not sufficient evidence. If experience gained in more than one institution is to be used, the scope of periods and duties should be shown consistently. ¹

Does research done during a PhD count?

Not every PhD year counts automatically. If the degree has been completed and additional regulatory requirements are met, teaching carried out with full course responsibility or research experience deemed outstanding in the academic field may be considered. Rather than the existence of graduate student status, the nature of the work performed and relevant circumstances should be documented. ¹

Is a postdoc position eligible for EB-1B?

The title “Postdoc” alone does not determine the positive or negative outcome. The duration of the work, its permanent research nature and the institution's offer should be examined. A temporary education or research position that will end automatically after a certain period of time is not the same as a suitable permanent research position. The contract and the institutional description should be evaluated together. ¹

Can a private company sponsor EB-1B?

Yes, under suitable conditions. Conditions such as the private employer offering a permanent research job in the relevant research unit, employing at least three people in full-time research activities and documented achievements in the academic field are examined. The fact that the company is well-known or has a large number of employees does not automatically meet the research-specific conditions. ¹

Is presenting two types of evidence sufficient for approval?

One can proceed through at least two of the six types of evidence; However, the documents submitted must actually meet the criteria and support outstanding international recognition. For example, the presence of an article and a referee record does not mean that all standards are met in every application. The context and nature of the evidence are important. ¹

Does a permanent job mean a lifetime job guarantee?

No. The nature of the permanent research position is evaluated based on the indefinite or indefinite nature of the offer and the usual continuity of employment. The possibility of leaving or ending the job alone does not make the job temporary. On the other hand, a task that will obviously end at the end of a certain project is not automatically considered permanent just because there is a possibility of renewal. ¹

Do I need to apply for PERM?

PERM labor certification is not required for EB-1B. However, the employer must submit an I-140, demonstrate a qualifying job offer, and prove the ability to pay the offered wage. Labor certification exemption does not mean that the employer is exempt from all documentation obligations. ¹

Can I apply for EB-1B in my own name?

EB-1B is based on employer application. A person seeking the opportunity to apply on his or her own behalf can review the EB-1A or NIW to see if it meets the different requirements of these categories. Being an EB-1B eligible investigator does not provide automatic eligibility for other categories. ¹²

How many working days does premium processing take?

The premium processing time for EB-1B I-140 is 15 business days. This period refers to USCIS's relevant action obligation; It is not a final approval or Green Card delivery time. A process such as RFE may require additional responses. Visa bulletin and I-485 or consular processing also continues. ³⁴

If I change jobs, will my file continue?

The answer to this question depends on the stage of the case, the nature of the old and new proposal, and the applicable portability rules. Having I-140 approval does not make every job change smooth. Before leaving employment or starting a new position, current status, I-485 status, and continuity of job offer should be reviewed together. ¹⁵⁶

Does my spouse also have to be a researcher?

No. An eligible spouse does not need to establish his or her own EB-1B academic file to take advantage of derivative immigration. However, there are family relationship and other personal eligibility requirements. Work authorization before Green Card is also evaluated separately; Work cannot be done based solely on the principal's I-140 approval. ¹⁵⁶