The EB-1B green card is for outstanding professors and researchers with international recognition in their academic field. Applicants must have at least 3 years of research or teaching experience and meet 2 of 6 criteria. Unlike the EB-1A, the EB-1B requires a permanent job offer from a U.S. employer. The I-140 filing fee is $715 plus $600 Asylum Program Fee. Premium processing costs $2,805 ($2,965 after March 1, 2026) for a 15 business day decision.
KEY TAKEAWAYS
The EB-1B requires employer sponsorship with a permanent job offer for a tenured, tenure-track, or comparable research position.
Applicants must have at least 3 years of research or teaching experience in their academic field.
Applicants must meet at least 2 of 6 evidentiary criteria demonstrating international recognition as outstanding.
The I-140 filing fee is $715 plus $600 Asylum Program Fee; premium processing adds $2,805 ($2,965 after March 1, 2026).
EB-1B is part of the EB-1 preference category, which generally has current priority dates for most countries.
The employer must demonstrate ability to pay the offered wage through tax returns, audited financial statements, or annual reports.
Research experience in industry (private companies, research labs) qualifies alongside academic positions.
KEY TAKEAWAYS
The EB-1B requires employer sponsorship with a permanent job offer for a tenured, tenure-track, or comparable research position.
Applicants must have at least 3 years of research or teaching experience in their academic field.
Applicants must meet at least 2 of 6 evidentiary criteria demonstrating international recognition as outstanding.
The I-140 filing fee is $715 plus $600 Asylum Program Fee; premium processing adds $2,805 ($2,965 after March 1, 2026).
EB-1B is part of the EB-1 preference category, which generally has current priority dates for most countries.
The employer must demonstrate ability to pay the offered wage through tax returns, audited financial statements, or annual reports.
Research experience in industry (private companies, research labs) qualifies alongside academic positions.
Table of Content
What Is the EB-1B Green Card?
The EB-1B is a first-preference employment-based green card for outstanding professors and researchers who have earned international recognition for their outstanding achievements in a particular academic field. It is authorized under Section 203(b)(1)(B) of the Immigration and Nationality Act and governed by 8 CFR 204.5(i).
Unlike the EB-1A, the EB-1B requires a U.S. employer to file Form I-140 on the researcher's behalf. The employer must offer a permanent position that is either tenured, tenure-track, or a comparable research position at a university, research institution, or private employer.
1. International Recognition: Evidence of international recognition for outstanding achievements in the academic field.
2. At Least 3 Years of Experience: A minimum of 3 years of research or teaching experience in the academic field. Time spent in graduate study toward an advanced degree can count toward this requirement if the researcher also gained teaching or research experience during that time.
3. Permanent Job Offer: The researcher must be entering the U.S. to fill a tenured or tenure-track teaching position, or a comparable permanent research position at a university, institution of higher education, or private employer. Private employers must employ at least 3 full-time researchers and have documented achievements in the field.
6 Evidentiary Criteria (Meet at Least 2)
Criterion 1: Major Prizes or Awards
Awards for outstanding achievement in the academic field
Competitive research grants, fellowships, best paper awards
Criterion 2: Membership in Associations Requiring Outstanding Achievement
Fellow status in professional societies
Membership in selective organizations judged by recognized experts
Criterion 3: Published Material About the Researcher
Articles in professional publications about the researcher's work
Media coverage specifically about the researcher's academic contributions
Criterion 4: Judging the Work of Others
Peer review for journals and conferences
Grant review panel service
Dissertation committee membership
Editorial board service
Criterion 5: Original Research Contributions
Published research with significant impact
High citation counts relative to the field
Research leading to patents, adopted methodologies, or clinical applications
Criterion 6: Authorship of Scholarly Books or Articles
Published in scholarly journals with international circulation
CV with complete publication list, citation metrics, and grants
Google Scholar profile
Evidence for at least 2 of 6 criteria
Documentation of 3+ years of research/teaching experience
5-8 recommendation letters from independent experts
From the Employer
Permanent job offer letter describing the position
Evidence the position is tenured, tenure-track, or comparable
For private employers: evidence of employing at least 3 full-time researchers and documented achievements
Evidence of ability to pay the offered wage (tax returns, financial statements, annual reports)
Step-by-Step Application Process
Step 1: The researcher identifies qualifying criteria and gathers evidence. Step 2: The U.S. employer prepares the job offer and supporting organizational documents. Step 3: Gather 5-8 recommendation letters. Step 4: The employer files Form I-140 ($715 + $600). Add premium processing if desired ($2,805). Step 5: USCIS adjudication (6-19 months standard, 15 business days premium). Step 6: File I-485 or consular processing when priority date is current.
Processing Time and Costs 2026
Item
Cost / Timeline
Form I-140 filing fee
$715
Asylum Program Fee
$600
Premium processing
$2,805 ($2,965 after March 1, 2026)
Standard processing
6-19 months
Premium processing
15 business days
I-485 filing fee
$1,440
Attorney fees
$5,000-$15,000
EB-1 priority date
Generally current
Common Mistakes That Lead to Denial
1. Insufficient Employer Documentation
The employer must clearly demonstrate the position is tenured, tenure-track, or comparable. Vague offer letters without specifying the permanent nature of the position can lead to RFEs.
2. Not Meeting the 3-Year Experience Requirement
USCIS strictly enforces the 3-year minimum. Ensure documentation clearly shows 3 full years of qualifying research or teaching experience.
3. Private Employer Qualification Issues
Private employers must employ at least 3 full-time researchers and have documented achievements. Startups or small companies may struggle to meet this requirement without careful documentation.
4. Confusing EB-1A and EB-1B Standards
The EB-1B requires "international recognition as outstanding" with 2 of 6 criteria, while the EB-1A requires "extraordinary ability" with 3 of 10 criteria. Filing under the wrong standard wastes time and fees.
Disclaimer: OpenSphere is not a law firm and does not provide legal advice. This article is for informational purposes only and should not be considered legal counsel. Immigration laws change frequently; always consult with a licensed immigration attorney for advice specific to your situation.
The EB-1B is a first-preference employment-based green card for outstanding professors and researchers who have earned international recognition for their outstanding achievements in a particular academic field. It is authorized under Section 203(b)(1)(B) of the Immigration and Nationality Act and governed by 8 CFR 204.5(i).
Unlike the EB-1A, the EB-1B requires a U.S. employer to file Form I-140 on the researcher's behalf. The employer must offer a permanent position that is either tenured, tenure-track, or a comparable research position at a university, research institution, or private employer.
1. International Recognition: Evidence of international recognition for outstanding achievements in the academic field.
2. At Least 3 Years of Experience: A minimum of 3 years of research or teaching experience in the academic field. Time spent in graduate study toward an advanced degree can count toward this requirement if the researcher also gained teaching or research experience during that time.
3. Permanent Job Offer: The researcher must be entering the U.S. to fill a tenured or tenure-track teaching position, or a comparable permanent research position at a university, institution of higher education, or private employer. Private employers must employ at least 3 full-time researchers and have documented achievements in the field.
6 Evidentiary Criteria (Meet at Least 2)
Criterion 1: Major Prizes or Awards
Awards for outstanding achievement in the academic field
Competitive research grants, fellowships, best paper awards
Criterion 2: Membership in Associations Requiring Outstanding Achievement
Fellow status in professional societies
Membership in selective organizations judged by recognized experts
Criterion 3: Published Material About the Researcher
Articles in professional publications about the researcher's work
Media coverage specifically about the researcher's academic contributions
Criterion 4: Judging the Work of Others
Peer review for journals and conferences
Grant review panel service
Dissertation committee membership
Editorial board service
Criterion 5: Original Research Contributions
Published research with significant impact
High citation counts relative to the field
Research leading to patents, adopted methodologies, or clinical applications
Criterion 6: Authorship of Scholarly Books or Articles
Published in scholarly journals with international circulation
CV with complete publication list, citation metrics, and grants
Google Scholar profile
Evidence for at least 2 of 6 criteria
Documentation of 3+ years of research/teaching experience
5-8 recommendation letters from independent experts
From the Employer
Permanent job offer letter describing the position
Evidence the position is tenured, tenure-track, or comparable
For private employers: evidence of employing at least 3 full-time researchers and documented achievements
Evidence of ability to pay the offered wage (tax returns, financial statements, annual reports)
Step-by-Step Application Process
Step 1: The researcher identifies qualifying criteria and gathers evidence. Step 2: The U.S. employer prepares the job offer and supporting organizational documents. Step 3: Gather 5-8 recommendation letters. Step 4: The employer files Form I-140 ($715 + $600). Add premium processing if desired ($2,805). Step 5: USCIS adjudication (6-19 months standard, 15 business days premium). Step 6: File I-485 or consular processing when priority date is current.
Processing Time and Costs 2026
Item
Cost / Timeline
Form I-140 filing fee
$715
Asylum Program Fee
$600
Premium processing
$2,805 ($2,965 after March 1, 2026)
Standard processing
6-19 months
Premium processing
15 business days
I-485 filing fee
$1,440
Attorney fees
$5,000-$15,000
EB-1 priority date
Generally current
Common Mistakes That Lead to Denial
1. Insufficient Employer Documentation
The employer must clearly demonstrate the position is tenured, tenure-track, or comparable. Vague offer letters without specifying the permanent nature of the position can lead to RFEs.
2. Not Meeting the 3-Year Experience Requirement
USCIS strictly enforces the 3-year minimum. Ensure documentation clearly shows 3 full years of qualifying research or teaching experience.
3. Private Employer Qualification Issues
Private employers must employ at least 3 full-time researchers and have documented achievements. Startups or small companies may struggle to meet this requirement without careful documentation.
4. Confusing EB-1A and EB-1B Standards
The EB-1B requires "international recognition as outstanding" with 2 of 6 criteria, while the EB-1A requires "extraordinary ability" with 3 of 10 criteria. Filing under the wrong standard wastes time and fees.
Disclaimer: OpenSphere is not a law firm and does not provide legal advice. This article is for informational purposes only and should not be considered legal counsel. Immigration laws change frequently; always consult with a licensed immigration attorney for advice specific to your situation.
What is the difference between EB-1A and EB-1B for researchers?
The EB-1A allows self-petition without an employer and requires 3 of 10 criteria demonstrating extraordinary ability. The EB-1B requires employer sponsorship with a permanent job offer and requires 2 of 6 criteria plus 3 years of experience. The EB-1A has a higher evidence bar but greater flexibility. Many researchers file both simultaneously if they have employer support.
What is the difference between EB-1A and EB-1B for researchers?
Can private company researchers qualify for the EB-1B?
Yes. The EB-1B is not limited to university professors. Researchers at private companies qualify if the employer has at least 3 full-time researchers and documented achievements in the field. The position must be a comparable permanent research role. Pharmaceutical companies, tech firms, and research labs commonly sponsor EB-1B petitions.
Can private company researchers qualify for the EB-1B?
Does graduate school count toward the 3-year experience requirement?
Time spent in graduate study can count if the researcher gained research or teaching experience during that period. For example, serving as a research assistant or teaching assistant during a PhD program qualifies. The experience must be in the academic field and documented with letters from supervisors.
Does graduate school count toward the 3-year experience requirement?
How long does the EB-1B green card take in 2026?
The I-140 takes 6-19 months with standard processing or 15 business days with premium processing ($2,805, increasing to $2,965 after March 1, 2026). Since EB-1B is part of the EB-1 preference category, priority dates are generally current for most countries. Total timeline from filing to green card can be as short as 6-12 months with premium processing and current priority dates.