EB1B Private Employer Requirements

A private employer can sponsor an outstanding researcher for EB1B classification, but private research employers must satisfy additional requirements that do not apply in exactly the same way to universities.

The relevant department, division or institute of the private employer must offer a qualifying permanent research position and must satisfy specific research staffing and accomplishment requirements.

For the broader employer rules, review EB1B employer requirements.

Can a Private Company Sponsor EB1B?

Yes. EB1B is not limited to universities.

Biotechnology companies, pharmaceutical companies, technology companies, research laboratories and other qualifying private employers may potentially sponsor outstanding researchers.

The Relevant Department, Division or Institute

The statute and regulations focus on a department, division or institute of the private employer.

The petition should identify the specific research unit through which the beneficiary will work rather than relying only on general statements about the company.

At Least Three Full-Time Researchers

The qualifying department, division or institute must demonstrate that it employs at least three persons full time in research activities or research positions.

The petition should provide reliable evidence of the researchers and their roles.

How Can the Three Researchers Be Documented?

Depending on the employer, useful documentation may include:

• organizational charts;
• employee lists;
• payroll records;
• employment verification letters;
• job descriptions;
• professional biographies;
• research department webpages; and
• other business records showing full-time research employment.

Job Titles Alone May Not Be Enough

A title such as engineer, scientist or analyst does not necessarily prove that an employee works full time in research.

The evidence should identify the actual research activities performed by the relevant personnel.

Documented Accomplishments in an Academic Field

The research department, division or institute must also have achieved documented accomplishments in an academic field.

This requirement is separate from the beneficiary’s individual accomplishments.

Examples of Organizational Accomplishments

Depending on the research field and employer, potentially relevant evidence may include:

• peer-reviewed publications produced by the research unit;
• patents and important inventions;
• research grants or funded collaborations;
• scientific awards;
• significant research partnerships;
• recognized technical breakthroughs;
• conference participation;
• commercialized research technologies; and
• other objective evidence demonstrating academic or scientific accomplishments.

The evidence should be tailored to the actual field rather than assembled as a generic company-marketing package.

Company Success Versus Academic Accomplishments

Revenue, customer growth or general business success may demonstrate that a company is commercially successful, but the EB1B private-employer requirement specifically concerns documented accomplishments in an academic field.

The petition should therefore connect the evidence to research or scholarly accomplishments.

Permanent Research Position

The private employer must offer the beneficiary a qualifying permanent research position in the academic field.

A short-term project role or fixed-term consulting engagement may not satisfy this requirement.

Review the permanent research position requirement.

Startup Companies

A startup is not automatically barred from EB1B sponsorship.

However, newer companies sometimes encounter practical difficulty establishing:

• three full-time researchers;
• documented academic accomplishments;
• a permanent research position; and
• other employer-side I-140 requirements.

The analysis should be completed before substantial work is invested in the beneficiary’s personal evidence.

Established Technology Companies

Large technology, biotechnology and pharmaceutical companies often maintain substantial research organizations that can potentially satisfy the private-employer requirements.

The petition should still document the qualifying unit rather than assume USCIS will take the employer’s research reputation for granted.

Research Unit Versus Entire Company

The most relevant evidence may concern the particular department, division or institute conducting the research.

For a diversified corporation, achievements of unrelated business units may provide limited support for the academic accomplishments of the beneficiary’s research division.

Beneficiary’s Achievements Are a Separate Question

Proving that the employer has an accomplished research department does not establish that the beneficiary is internationally recognized as outstanding.

The petition must separately establish the researcher’s own qualifications.

Three Years of Experience

The beneficiary must still have the required qualifying teaching or research experience.

Review the EB1B three-year experience requirement.

Offer Letter

The employer should provide a detailed offer letter identifying the permanent research position and academic field.

Where the organizational structure is not obvious, the letter can also explain the department or division in which the researcher will work.

Useful Private Employer Evidence Checklist

• employment offer;
• position description;
• organizational chart;
• proof of at least three full-time research employees;
• researcher job descriptions;
• evidence of the unit’s documented academic accomplishments;
• evidence concerning the permanent position;
• corporate records where relevant; and
• ability-to-pay evidence where required.

Common Private Employer Problems

• counting nonresearch personnel among the three researchers;
• submitting an organizational chart without proof of research duties;
• documenting commercial success but not academic accomplishments;
• using accomplishments from unrelated divisions;
• failing to establish a permanent position;
• failing to identify the relevant research unit; and
• assuming the beneficiary’s personal achievements satisfy the employer requirement.

Primary Legal Sources

• USCIS Policy Manual, Outstanding Professors and Researchers
• 8 C.F.R. § 204.5(i)

Document the Research Organization

A private-employer EB1B petition should establish not only that the company employs the beneficiary, but that the qualifying research unit satisfies the specific statutory and regulatory requirements.

Contact The Messersmith Law Firm to request an EB1B evaluation.

This page provides general immigration information and is not legal advice.