Green Cards > Outstanding Researcher or Professor (EB1)

EXTRAORDINARY ABILITY (EB1 – FIRST PREFERENCE)
OUTSTANDING RESEARCHER OR PROFESSOR
EMPLOYMENT SPONSORED
(Legal Basis – Code Section – 8 CFR 204.5)

Summary: US Immigration Regulations set forth a special preference category for ‘outstanding researchers or professors' who can demonstrate that they meet certain eligibility criteria. Unlike the EB1 – Extraordinary Ability category, this category requires sponsorship by an employer (and thus is a bit easier to obtain approval than the Extraordinary Ability category).

Our Experience: During the last 10 years, we have prepared and filed about 125 immigrant petitions for our clients in this category. Due to the high level of accomplishment and achievement necessary to qualify under this category, we are particularly careful about the cases that we accept for processing.

The Visa Queue: There is no queue for this visa category at present. As a result, physicians/scientists who obtain approvals of their immigrant petitions in EB1-OR/P are immediately eligible for Green Card issuance. This may be of significant importance for physicians/scientists from countries (such as India, China, Mexico and the Philippines ) where visa queues may be lengthy in other visa categories.

To Proceed Further: If you are interested in obtaining our opinion as to your eligibility for this category, please complete the online consultation form, send us an email, or give us a phone call

Frequently Asked Questions About the Extraordinary Ability Category

1. Who can file a petition to classify someone as an Outstanding Researcher or Professor?

The regulations specifically provide that a petition may be any US employer


2. Is a U.S. Job offer required?

Yes. Moreover, the job offer must require an individual with outstanding skills and abilities.


3. What are the main requirements for approval in this category?

• National/International recognition as being outstanding in a specific academic field;
• At least three years of relevant research or teaching experience: Research or teaching experience obtained while in pursuit of an advanced degree, such as a Ph.D., can be counted toward the three year requirement, but only if the alien has acquired the degree, and if the teaching duties were such that he or she had full responsibility for the class taught or if the research conducted toward the degree has been recognized within the academic field as outstanding. The alien must document his work history with letters from current and/or former employers describing work duties and years of employment; and
• A job offer for a permanent research position or a tenured or tenure-track teaching position: Generally, the job offer is given by a university or other similar academic or scientific institution, but it can also be offered by a private employer. If the offer is from a private employer, the employer must have at least three full-time researchers along with accompanying documentation supporting their accomplishments within the field.

4. How difficult is it to get an approval in this category?

The single most important factor in obtaining approval in this category is advocacy. Much like the EB1-EA category, if the facts are well presented and persuasively argued, a petition that meets the USCIS criteria should be approved readily. On the other hand, some petitions, with excellent facts behind them, are denied because they are not presented well. USCIS examiners simply do not have time to sort through the documents offered in support of a petition and try to figure out what the petitioner is trying to argue. We have tremendous experience in the preparation of petitions in this category, and will work with and for you to achieve a positive result.


5. What is the most common mistake?

Poorly prepared petitions. Most law firms and organizations do not have the special expertise with respect to these types of petitions. We have prepared hundreds of petitions in this category with very good success. Moreover, we are quite careful concerning the cases that we accept for filing in this category (if we do not believe that you have a reasonable chance of success in this category, we will advise you appropriately)


6. What is the time frame?

Usually 3-12 months for processing by the USCIS for cases filed under regular processing. For applications filed under premium/expedited processing (necessitating a $ 1000 additional filing fee), the USCIS will adjudicate an EB1 application within 15 business days.


7. How do I proceed further? What are my chances for approval?

Forward your resume or CV to us for evaluation. We will thoroughly review your credentials and give you our opinion as to your chances of success. If we do not think that you do not have a reasonable chance of success in this category, we will tell you. We will accept only those cases for processing that we are confident that have a reasonable likelihood of success.


8. How can the attorneys at MDgreencard.com assist me with this petition?

We have a great deal of experience in preparing petitions in this category for highly qualified physicians and scientists. Our clients have included individuals from all areas of medicine and the sciences, including: medical researchers, clinicians, chemists, professors, and others. Due of the complexity of this type of petition, it is advisable to be represented by a qualified organization: not only to provide legal counseling with respect to the initial petition, but also to help you to navigate the entire process from start to finish which often includes dealing with several government agencies, and numerous laws and regulations.

Moreover, all immigrant visa petitions filed by our law firm are prepared personally by an attorney, not by a paralegal or other legal assistant.


9. What is your guarantee?

We guarantee that your petition will be prepared according to the highest and most stringent standards. We will take every step possible to secure approval for your case. Since we base a significant percentage of our fees on the approval of your case, you can be assured we will use 100% of our effort to achieve this outcome.