EB1B Visa: A Comprehensive Guide for Employers & Employees

Navigating the complexities of US immigration can be daunting for employers and employees alike, especially when trying to secure long-term residency through employment-based options.

For companies aiming to retain top talent and foreign professionals pursuing permanent residency, the EB1B visa is a compelling choice. It offers benefits like waiving the PERM labor certification and providing premium processing, but it also comes with strict criteria and legal complexities that require expert guidance.

At Deel, we simplify the EB1B visa process, offering a comprehensive guide on requirements, advantages, and application strategies. With Deel Immigration, you'll clarify the process and enhance your chances of a successful outcome, ensuring a smoother and quicker path to permanent residency.

What is the EB1B visa?

The EB1B is an employment-based immigrant petition for outstanding professors and researchers. When a US employer sponsors a foreign-born employee’s EB-1B petition, they put them on track to becoming a permanent resident.

The EB1B visa is advantageous compared to similar employment-based options because it provides a quicker path to a green card. It allows applicants to skip the lengthy PERM labor certification process, which typically takes a few years.

Additionally, the EB1B can be filed with premium processing, which speeds up the processing time. An EB1B approval places applicants into the 1st preference category for green card filings, making it the quickest path to a green card.

Advantages of the EB1B visa

For employers

US employers can file EB1B petitions for existing or new employees with certain qualifications. The EB1B is an advantageous choice for US employers who are looking for:

• A long-term immigration option for foreign-born professor and researcher employees
• A way to attract and retain top talent
• A solution that eliminates the need to file work visa applications in the future
• A way to avoid the lengthy and tedious PERM labor certification process

For employees

Employees also favor the EB1B due to several advantages, including:

• A quicker path to a green card (especially for employees born in India and China)
• US permanent residency for family members (spouse and unmarried children under 21)

EB1B criteria & requirements

The EB1B is designed for outstanding researchers and professors. While most accomplished professors and researchers qualify, US Citizenship and Immigration Services (USCIS) has strict criteria for the EB1B.

EB1B employer requirements

To sponsor an employee's EB1B visa, an employer must meet the following requirements:

• Be a legally incorporated US company or organization
• If the employer is a private company, they must employ at least three full-time researchers before sponsoring an EB1B

EB1B criteria for employees

Employees must satisfy three main requirements to qualify for the EB1B:

1. Experience: Employees must have three years of teaching or research experience.
2. Job offer: They must have a US job offer to teach or work in a predominantly research role.
3. Qualifying criteria: They must satisfy at least two of the following EB-1B criteria:

• Evidence of receipt of major prizes or awards for outstanding achievement
• Evidence of membership in associations that require their members to demonstrate outstanding achievement
• Evidence of published material in professional publications written by others about the candidate’s work in the academic fielD
• Evidence of participation, either on a panel or individually, as a judge of the work of others in the same or allied academic field
• Evidence of original scientific or scholarly research contributions in the field
• Evidence of authorship of scholarly books or articles (in scholarly journals with international circulation) in the field

Streamline the EB-1B Visa journey today with Deel Immigration

The EB1B visa is the first step to obtaining permanent residency in the US. However, the EB1B application process is complex and requires a deep understanding of US immigration law.

To ensure success, consult with a qualified immigration attorney who can help you through the entire process. Schedule a free consultation with our team today to start your immigration journey.