Department, Division or Institute
Identify which component of the private employer is offering the research position.
EB1B Private Research Employers
EB1B Private Employer Requirements: Research Staff and Documented Accomplishments
A private company may sponsor an outstanding researcher, but EB1B imposes requirements beyond ordinary corporate sponsorship. The relevant department, division or institute must employ at least three persons full time in research activities and must have achieved documented accomplishments in an academic field.
Three Required Elements
Focus on the Actual Research Organization
Research Staffing
Document at least three persons employed full time in research activities.
Academic Accomplishments
Show documented research accomplishments in an academic field.
Employer Evidence File
Build the Private Employer Record With Objective Documents
Organization Chart Identifies the relevant research unit.
Researcher Roster Names the full time research personnel.
Job Descriptions Establish that listed employees
actually conduct research.
Publications Scientific or scholarly output of the research unit.
Patents and Technology Evidence of research accomplishments
when appropriately documented.
Research Programs Major projects, collaborations
and technical achievements.
Common Mistake
A Large Company Is Not Automatically a Qualifying EB1B Research Employer
Weak
“The company has thousands of employees.”
Total headcount does not establish how many people in the relevant unit work full time in research or what academic accomplishments that research unit has achieved.
Stronger
Document the department that actually conducts the research.
Identify its researchers, work, publications, technology, accomplishments and organizational role.
Common Questions
Private Employer EB1B FAQ
Can a biotechnology company sponsor EB1B?
Potentially, if the private employer and all other EB1B requirements are established.
Can the three researchers include the beneficiary?
The regulatory requirement concerns the research staffing of the relevant department, division or institute. The specific staffing record should be evaluated carefully.
Are patents enough to prove documented accomplishments?
Patents may be useful, but the complete accomplishment record should be documented.
Does company revenue establish research accomplishments?
Not by itself. Evidence should connect the relevant research unit to actual academic or scientific accomplishments.
Primary legal source: USCIS Policy Manual — Outstanding Professors and Researchers.