EB-1BOutstanding professor or researcher

Overview

EB-1B is the outstanding professor or researcher group of EB-1 (employment-based immigration, first preference), the green card preference for priority workers. The other two EB-1 groups are people of extraordinary ability (EB-1A) and certain multinational managers and executives (EB-1C). The official classification symbol is E12, under section 203(b)(1)(B) of the Immigration and Nationality Act (INA).^[7,8]

By law, EB-1 gets up to 28.6% of the yearly worldwide level of employment-based immigrant visas, plus any visas not needed by the fourth and fifth preferences (EB-4 and EB-5). EB-1A, EB-1B and EB-1C draw from that same number. USCIS describes the employment-based limit as 140,000 visas a year in general; by statute it can be exceeded when certain immigrant visas from the previous fiscal year were not fully used.^[9,10]

Who qualifies

The six evidence criteria

If these criteria do not readily apply, the employer may submit comparable evidence to establish your eligibility.^[1,2]

Other documents for the I-140

Fees

Premium processing

Your employer can request premium processing for the E12 I-140 on Form I-907. USCIS then issues an approval, denial, request for evidence (RFE) or notice of intent to deny (NOID) within 15 business days of receiving the I-907 and fees; an RFE or NOID stops the clock, and a new 15-business-day period starts when USCIS receives the response. If USCIS misses the deadline, it refunds the premium fee and keeps processing the case, unless it has opened a fraud or misrepresentation investigation.^[5,6]A business day excludes weekends, federal holidays and days federal offices are closed, for example for weather. USCIS can suspend premium processing when circumstances prevent it from finishing a significant number of requests within the timeframe.

Priority date and the Visa Bulletin

EB-1B needs no labor certification, so your priority date is the date the complete, signed I-140 (with all initial evidence and the correct fee) is properly filed with USCIS. It is shown on the Form I-797 notice for the petition.^[2,10]

EB-1 visas are numerically limited, and there are also limits by country of chargeability (usually your country of birth). When demand exceeds supply, the State Department's monthly Visa Bulletin sets cutoff dates: a visa is available when your priority date is earlier than the cutoff for EB-1 and your country, or when the chart shows "C" (current). For an I-485, use the Final Action Dates chart unless USCIS's Adjustment of Status Filing Charts page says otherwise for that month.^[10]

If your I-140 is approved but a visa is not yet available for your priority date, and you are in E-3, H-1B, H-1B1, O-1 or L-1 status, you may apply for a work permit (Form I-765) based on compelling circumstances. USCIS decides in its discretion whether your circumstances justify it; it is granted in 1-year increments, and a conviction for any felony or for two or more misdemeanors makes you ineligible. Your spouse and children who are in nonimmigrant status may apply at the same time, but cannot be approved before you are.^[2]

Spouse and children

Your spouse and unmarried children under 21 may immigrate as your dependents (spouse: E14; child: E15), with you or later to join you. Dependent status covers a spouse, or a child of a marriage, that existed when you were admitted as or adjusted to a permanent resident; a child born later of a marriage that already existed at that point still counts. A spouse married after that point, or a child from a later relationship, is not entitled to it. Family members in the U.S. each file their own Form I-485 and generally may apply for a work permit (Form I-765) while it is pending.^{[1,7,8,11,16]}

If a child is close to 21, the Child Status Protection Act (CSPA) may help. The child's CSPA age is their age on the date a visa is considered available (the later of the I-140 approval date or the first day of the month the Visa Bulletin's Final Action Dates chart shows a visa available), minus the number of days the I-140 was pending. The child must stay unmarried and must seek to acquire permanent residence within 1 year of the visa becoming available, for example by filing Form I-485.^[17]

Applying inside the U.S. (Form I-485)

To get a green card without leaving the U.S., you file Form I-485 (adjustment of status). You must have been inspected and admitted or inspected and paroled (with limited exceptions); be physically present in the U.S. when you file; be the beneficiary of an approved I-140, or of a pending or concurrently filed I-140 that is ultimately approved; have a visa immediately available both when you file and when USCIS decides; not be barred from adjusting; be admissible (or eligible for a waiver or other relief); and merit USCIS's favorable discretion. If a visa is available, you can file together with the I-140, while it is pending, or after it is approved (and remains valid).^[7]

The job in the I-140 must still exist with the employer that filed it, and you must plan to accept it once your I-485 is approved; unless you file the I-485 together with the I-140, you include Form I-485 Supplement J to confirm the offer. Once your I-485 has been pending 180 days or more, INA section 204(j) lets you move to a new job or employer in the same or a similar occupational classification and keep using the I-140 ("porting"). You and the new employer request this on Supplement J. If the I-140 is still pending, it must have been valid when filed (you were eligible and had a valid job offer), and USCIS must approve it before it can approve the portability request.^[7,13]

While your I-485 is pending, you may apply for a work permit (Form I-765) and for advance parole to travel (Form I-131); leaving the U.S. without advance parole generally abandons the I-485. One exception: if you are in lawful H-1 or L-1 status and not in removal proceedings, travel does not abandon the I-485 if, on return, you remain eligible for H or L status, are resuming work for the same employer, and have a valid H or L visa if one is required. A family member in lawful H-4 or L-2 status who is not in removal proceedings has a similar exception while you keep your H-1 or L-1 status, if they remain eligible for H-4 or L-2 status and have a valid H-4 or L-2 visa if one is required.^[7,18]

Applying from abroad

If you live outside the U.S., or live here but want to apply abroad, USCIS sends the approved I-140 to the State Department's National Visa Center (NVC). The NVC collects fees and documents and contacts you when a visa number is about to become available; the consulate then schedules your interview and decides whether you are eligible for an immigrant visa. State Department guidance tells consular officers that an approved petition is prima facie evidence that you qualify as a priority worker, and that their review should focus on confirming the information is true and identifying potential fraud, not on deciding the petition again.^[3,11]

After the visa is issued, you pay the USCIS Immigrant Fee; USCIS encourages paying it before you travel. A U.S. Customs and Border Protection (CBP) officer at the port of entry decides whether to admit you as a permanent resident, and USCIS mails your green card only after the fee is paid.^[3,19]

Filing errors to avoid

Latest I-140 statistics

Current I-140 processing time

Recent policy changes

Related categories

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