EB-1B Green Card for Outstanding Researchers 2026: Complete Guide

How outstanding professors and researchers qualify for the EB-1B green card with international recognition, publications, and employer sponsorship.

How outstanding professors and researchers qualify for the EB-1B green card with international recognition, publications, and employer sponsorship.

QUICK ANSWER

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.

Learn more about the EB-1B visa

Who Is Eligible: EB-1B Requirements

Three Core Requirements

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

  • Authored or co-authored academic books

EB-1B vs EB-1A vs EB-2 NIW for Researchers

Feature

EB-1B

EB-1A

EB-2 NIW

Category

EB-1 (first preference)

EB-1 (first preference)

EB-2 (second preference)

Self-Petition

No

Yes

Yes

Employer Required

Yes

No

No

Job Offer Required

Yes (tenured/tenure-track/comparable)

No

No

Criteria

2 of 6 + 3 years experience

3 of 10 + final merits

Dhanasar three-prong test

Evidence Standard

International recognition as outstanding

Extraordinary ability (very top of field)

National importance + well-positioned

Degree Required

Not specified (but 3 years experience required)

No

Yes (advanced degree or exceptional ability)

Premium Processing

15 business days ($2,805)

15 business days ($2,805)

45 business days ($2,805)

Priority Dates

Generally current (EB-1)

Generally current (EB-1)

Backlogged (EB-2)

Best For

Researchers with employer support

Independent researchers with top-tier recognition

Researchers with national-impact work

Learn more about the EB-1A green card Learn more about the EB-2 NIW

What Evidence Do Outstanding Researchers Need?

From the Researcher

  • 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.

Sources

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.

Not sure which visa is right for you? Take OpenSphere's free visa evaluation to get a personalized recommendation in minutes.

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.

Learn more about the EB-1B visa

Who Is Eligible: EB-1B Requirements

Three Core Requirements

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

  • Authored or co-authored academic books

EB-1B vs EB-1A vs EB-2 NIW for Researchers

Feature

EB-1B

EB-1A

EB-2 NIW

Category

EB-1 (first preference)

EB-1 (first preference)

EB-2 (second preference)

Self-Petition

No

Yes

Yes

Employer Required

Yes

No

No

Job Offer Required

Yes (tenured/tenure-track/comparable)

No

No

Criteria

2 of 6 + 3 years experience

3 of 10 + final merits

Dhanasar three-prong test

Evidence Standard

International recognition as outstanding

Extraordinary ability (very top of field)

National importance + well-positioned

Degree Required

Not specified (but 3 years experience required)

No

Yes (advanced degree or exceptional ability)

Premium Processing

15 business days ($2,805)

15 business days ($2,805)

45 business days ($2,805)

Priority Dates

Generally current (EB-1)

Generally current (EB-1)

Backlogged (EB-2)

Best For

Researchers with employer support

Independent researchers with top-tier recognition

Researchers with national-impact work

Learn more about the EB-1A green card Learn more about the EB-2 NIW

What Evidence Do Outstanding Researchers Need?

From the Researcher

  • 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.

Sources

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.

Not sure which visa is right for you? Take OpenSphere's free visa evaluation to get a personalized recommendation in minutes.

Frequently Asked Questions

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.

How long does the EB-1B green card take in 2026?

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