EB1B RFE for Outstanding Professors and Researchers

An EB1B Request for Evidence can challenge the beneficiary’s three years of qualifying teaching or research experience, the permanent nature of the offered position, the petitioning employer’s eligibility, one or more evidentiary criteria, or whether the complete record demonstrates international recognition as outstanding in the academic field.

An effective EB1B RFE response should address both the employer and position requirements and the beneficiary’s individual evidence.

Review the complete EB1B for researchers guide.

EB1B Is an Employer-Sponsored Classification

Unlike EB1A and NIW, EB1B does not permit self-petitioning.

A qualifying U.S. employer must file the Form I-140.

An RFE may therefore contain issues relating to both:

the employer and offered position; and
the beneficiary’s qualifications and international recognition.

Core EB1B Requirements

In general, an EB1B case must establish:

international recognition as outstanding in a specific academic area;
at least three years of qualifying teaching or research experience;
a qualifying U.S. employer;
a qualifying tenured, tenure-track or permanent research position; and
the required evidentiary showing under the EB1B regulations.

Three Years of Experience RFE

USCIS may question whether the beneficiary has at least three years of qualifying teaching or research experience in the academic area.

Review the EB1B three-year experience requirement.

Experience Letters

Evidence from current or former employers should clearly document:

the writer’s identity;
the writer’s title;
the employer;
the beneficiary’s dates of work;
whether the work involved teaching or research;
the academic field;
the duties performed; and
other facts needed to establish qualifying experience.

Research During Graduate Study

Research performed while working toward an advanced degree is subject to specific regulatory rules.

The response should establish the required conditions rather than simply count all graduate research automatically.

Teaching During Graduate Study

Teaching experience obtained while working toward an advanced degree has separate requirements, including the nature of the teaching responsibility.

The applicant should document full responsibility for the class where that requirement applies.

Permanent Research Position RFE

USCIS may question whether the offered research position is permanent.

Review the EB1B permanent research position requirement.

What Does Permanent Mean for EB1B Research?

For EB1B purposes, permanent research employment generally involves tenure, tenure track or an appointment of indefinite or unlimited duration with an ordinary expectation of continued employment unless there is good cause for termination.

Fixed-Term Appointments

A contract with a fixed expiration date can create a significant EB1B issue.

The response should not simply relabel a fixed-term appointment as permanent.

Instead, review the actual employment terms and any evidence showing the nature and expected duration of the position.

Grant-Funded Positions

A research position is not necessarily nonpermanent solely because its funding depends on grants.

Relevant evidence may include:

appointment terms;
institutional policy;
history of continued research funding;
expected renewal practices;
department funding;
salary commitments;
letters from authorized university officials; and
evidence of an ordinary expectation of continued employment.

Postdoctoral Position RFE

Postdoctoral appointments often have fixed terms, so EB1B eligibility should be evaluated carefully.

Review EB1B for postdocs.

Employer Requirements RFE

A university or institution of higher education may qualify as an EB1B petitioner under the applicable rules.

A private employer must satisfy additional requirements.

Review EB1B employer requirements.

Private Employer RFE

For a qualifying private employer, USCIS may request evidence concerning whether the relevant department, division or institute:

employs at least three full-time researchers; and
has achieved documented accomplishments in an academic field.

Review EB1B private employer requirements.

Documenting Three Full-Time Researchers

Potential evidence may include:

payroll records;
employment records;
organizational charts;
research staff listings;
job descriptions; and
other objective documentation.

Documented Accomplishments of the Private Employer

Evidence may include:

research publications;
patents;
research grants;
commercialized technology;
major research projects;
industry recognition;
government contracts;
scientific collaborations; and
other accomplishments in the academic field.

Initial EB1B Evidentiary Criteria

The petitioner generally must submit evidence satisfying at least two of the six EB1B evidentiary categories.

Meeting two categories does not necessarily end the analysis.

USCIS also evaluates whether the total evidence establishes international recognition as outstanding.

Scholarly Authorship RFE

USCIS may question whether publications qualify as scholarly books or articles in scholarly journals with international circulation.

Review EB1B publications and authorship.

Coauthored Publications

EB1B does not impose a general first-author requirement.

Where the applicant’s personal role is separately relevant to another criterion, additional evidence may explain the beneficiary’s individual contribution.

Peer Review and Judging RFE

EB1B permits evidence of participation as a judge of the work of others in the same or an allied academic field.

Completed reviewing is stronger evidence than invitations that do not demonstrate actual participation.

Review EB1B peer review and judging.

Original Research Contributions RFE

EB1B includes evidence of original scientific or scholarly research contributions to the academic field.

The regulatory language does not use EB1A’s phrase “major significance.”

However, the complete record must still establish international recognition as outstanding.

Review EB1B original research contributions.

Do Not Import the Wrong Legal Standard

If an RFE appears to require the EB1A “major significance” language as the literal EB1B initial criterion, the response should identify the actual regulatory language carefully.

At the same time, the petitioner should still provide strong evidence of the importance and influence of the beneficiary’s research because USCIS separately evaluates international recognition.

Citation RFE

Citations are not one of the six standalone EB1B evidentiary criteria.

Citation evidence may nevertheless support:

original research contributions;
scholarly influence;
international recognition; and
the overall evaluation of the beneficiary’s standing.

Review EB1B citation requirements.

No Fixed Citation Minimum

USCIS does not establish a numerical EB1B citation threshold.

If citation numbers are questioned, comparative evidence and examples of independent use may provide stronger context.

Awards RFE

If relying on prizes or awards, document:

the nature of the award;
selection criteria;
scope;
competitiveness;
number of recipients;
professional significance; and
evidence that the beneficiary personally received it.

Membership RFE

Where membership is used, the petitioner should document the standards for admission and whether the association requires outstanding achievement.

Published Material About the Beneficiary’s Work

EB1B includes published material in professional publications written by others about the beneficiary’s work in the academic field.

The evidence should identify the material and establish its relationship to the beneficiary’s work.

Recommendation Letter RFE

Letters can help explain highly specialized research, but generic praise may receive limited weight.

Review EB1B recommendation letters.

Strong EB1B Expert Letters

A persuasive letter may explain:

the writer’s expertise;
how the writer knows the beneficiary’s work;
specific contributions;
independent adoption or use;
citation influence;
professional recognition;
the international reach of the work; and
objective evidence supporting the writer’s statements.

International Recognition RFE

Even where USCIS accepts two evidentiary categories, it may question whether the total record establishes that the beneficiary is internationally recognized as outstanding in the academic area.

Evidence of International Recognition

Depending on the field, useful evidence may include:

international citations;
highly cited research relative to the field;
independent use by researchers in multiple countries;
international peer review;
international editorial service;
international awards;
invited talks;
international media or professional coverage;
research collaborations;
patent or technology adoption; and
expert testimony from independent researchers.

Geographic Diversity Alone Is Not Enough

Having citations from different countries can help demonstrate reach, but the response should explain the quality and significance of the recognition rather than rely solely on a map of countries.

Research Impact Beyond Citations

Implementation, licensing, standards adoption, clinical use and commercial deployment may provide valuable evidence of research influence.

Review research impact beyond citations.

Eligibility Must Exist at Filing

The petition must establish EB1B eligibility at the time of filing.

An RFE response may provide additional documentation of facts and qualifications that already existed, but should not rely on later events to create a qualifying position, required experience or international recognition that was absent at filing.

Correct Factual Errors

If USCIS misstates:

the position terms;
experience dates;
publication evidence;
citation counts;
review activity;
the beneficiary’s academic field; or
the private employer’s research structure;

the response should identify the issue directly and cite the correct evidence.

Organize the EB1B RFE Response

A practical structure may be:

summary of the RFE;
petitioning employer eligibility;
qualifying position;
three years of teaching or research experience;
each disputed evidentiary category;
international-recognition analysis;
correction of USCIS factual or legal errors;
exhibit citations; and
conclusion.

Common EB1B RFE Response Problems

focusing only on the beneficiary and ignoring employer requirements;
failing to document a permanent research position;
counting graduate research without addressing the regulatory conditions;
failing to establish private-employer requirements;
assuming two criteria automatically require approval;
treating citations as a standalone EB1B criterion;
using EB1A’s “major significance” language as though it were the text of the EB1B contribution criterion;
submitting generic expert letters;
failing to address international recognition; and
using post-filing facts to create eligibility.

Related EB1B Guides

Primary Legal Sources

USCIS Policy Manual, Outstanding Professors and Researchers
8 C.F.R. § 204.5(i)
8 C.F.R. § 103.2
Matter of Chawathe, 25 I&N Dec. 369 (AAO 2010)

Address Both Sides of the EB1B Case

A successful EB1B RFE response may need to establish not only that the researcher is internationally recognized as outstanding, but also that the employer, experience and offered position independently satisfy the EB1B requirements.

Contact The Messersmith Law Firm to request review of an EB1B RFE.

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