The EB-1b “Outstanding Researcher or Outstanding Professor” (OR) program allows nationally and internationally recognized researchers, scientists and university professors a “fast track” process for obtaining Green Card status in the United States. This visa program has several important benefits:

• A permanent job offer is required;
• Employer sponsorship is required;
• No prior approval from the Department of Labor is required;
• No newspaper advertising for the position is required;
• Allows for change of employer in some circumstances.

The lawyers at Visa Law Group regularly assist foreign professors, scientists, and researchers prepare and file comprehensive EB-1 OR immigrant visa applications.  Our past and present clients include:

• Leading researchers and scientists working at government research institutions and agencies such as NIH, NIST, USDA, EPA, FDA and others;
• Researchers and professors from leading universities in the United States and abroad;
• Researchers and scientist at private and publicly traded companies in such industries as biotechnology, pharmaceutical, engineering; manufacturing, IT, banking, and others;
• Acclaimed physicians working in specialty fields of medicine.

This employment based immigrant visa has several important qualifying criteria and limitations to be considered before seeking this status.

Key Factors

As an advanced degree alien working at a public or private institution, the foreign researcher, scientist or professor may apply for an immigrant classification under this program if he or she meets the following two part test.

1. Outstanding Work In the Field

An essential requirement of this program is the demonstration to the satisfaction of CIS that the expert is recognized internationally as being “outstanding” in the field or area of study. 

Generally, this recognition as being “outstanding” in the field is demonstrated by such evidence as authorship/co-authorship of original articles, memberships in industry organizations, citation of his or her work by other scientists, receipt of national or international awards, service as judge/reviewer of the work of another in the field, and presentations at national and international conferences or seminars.

In our opinion, this program is properly reserved for only highly experienced Researchers, Scientists, R&D Engineers, and Professors. And while not part of the regulations, our firm always provides the CIS with testimonials from numerous independent experts specifically addressing the high professional standing and regard of the Applicant in the field.   

2. Offer of Employment

Unlike the other specialized programs open to scientists, researchers and professors, this program does require a permanent “offer of employment.”  The rules allow three different types of a “job offer” to qualify under the program as follows:

• A tenured position;
• A tenure-track position; OR
• A position with an indefinite or unlimited duration with an expectation of continued employment.

It is important to note that each of the four CIS Regional Service Centers have their own interpretation of this criteria and different evidentiary requirements; failure to meet this burden in the initial petition will result in overall petition denial. In general, however, the offer of employment is confirmed by submitting a copy of the employment, or a verification of employment letter from the Department Chair, the Principle Investigator, or the Human Resources Department.

The Filing Process

In general, the immigrant visa application consists of two steps: Step #1 Filing an immigrant petition with the CIS Regional Service Center; this petition requires comprehensive documentation supporting the factual basis for “how and why” the expert qualifies for the classification. Step #2 Seeking adjustment to permanent resident status (Green Card) either through the CIS or the Department of State.

And based upon careful consideration of various factors, the Step #2 process may be completed under two different options:

(1)  Consular Processing Upon Approval of the I-140/EB-1 Immigrant Petition:

Upon approval of the immigrant visa CIS will transfer the file to the National Visa Center which will then transfer the case to the U.S. Embassy / Consulate in the country of residence of the alien.  The Green Card will be issued there and valid up reentry into the United States.

(2)  Adjustment of Status in the United States – Form I-485:

As an alternative the “Green Card” can be obtained by filing for adjustment of status in the United States.  The adjustment of status can be filed concurrently with the Form I-140 or upon approval of the Form I-140 petition.  The concurrent filing allows for an application for Work Authorization by the alien and his spouse and children as well as for Travel Documents for the alien and his dependents. 

Picking the best method for filing requires analysis of many different issues, and great caution should be exercised in making this important decision.

Our Experience

The lawyers at Visa Law Group regularly help foreign business professionals and companies prepare and file comprehensive EB-1/OR visa applications.  If you need legal advice or help with this visa, please feel free to contact us at Morris@VisaLawGroup.com