Unlike EB1A, EB1B requires a qualifying U.S. employer to file the petition. Universities and institutions of higher learning may sponsor qualifying professors and researchers, while private research employers must satisfy additional requirements concerning their research staff and documented academic accomplishments.
A qualifying university or institution of higher learning may offer a tenured or tenure track teaching position or a qualifying permanent research position in the academic field.
The relevant department, division or institute must offer a permanent research position and satisfy the additional private employer requirements.
Identify the organizational research unit offering the permanent research position.
Document the research personnel rather than relying on a general employee count.
Establish substantive accomplishments in an academic field through objective records.
A large workforce does not establish that the qualifying department, division or institute employs at least three people full time in research positions or has documented accomplishments in an academic field.
Identify the relevant research organization, its full time researchers and its academic or scientific accomplishments.
No. EB1B requires a qualifying U.S. employer to file the Form I-140 petition.
Yes, if the applicable private employer requirements and all other EB1B requirements are satisfied.
The relevant department, division or institute must demonstrate at least three people employed full time in research positions.
EB1B does not require a PERM labor certification.