An EB-1B lawyer first confirms one thing: whether there is a qualifying U.S. employer and position. EB-1B is the outstanding professors and researchers category under EB-1. The I-140 must be filed by a U.S. university or private employer, and you cannot file it yourself, but no labor certification is required. The applicant must be internationally recognized in a specific academic field, have at least 3 years of teaching or research experience, and be offered a permanent position. The information below is current as of November 6, 2026.
Basic Requirements
- Academic field: A specialized body of knowledge offered for study at a U.S. institution of higher education recognized in the United States. A narrow area may also qualify, such as particle physics.
- Experience: At least 3 years of teaching or research experience in the field. Experience during graduate or doctoral study counts only if the degree has been earned and you were fully responsible for the class taught, or the research was recognized as outstanding in the field.
- Job offer: A qualifying position offered by a U.S. employer.
- Ability to pay: The employer must show it can pay the offered compensation.
The Six Criteria and the Two-Step Review
Step one: the evidence must objectively meet at least 2 of the following 6 criteria:
- Major prizes or awards;
- Membership in associations that require outstanding achievement;
- Published material in professional publications about your work;
- Judging the work of others, such as peer review or thesis committees;
- Original scientific or scholarly contributions;
- Scholarly books or articles.
Step two: the officer weighs all of the evidence together to decide whether you are in fact internationally recognized in the field. Meeting 2 criteria is not enough by itself. A common problem is treating the number of papers as the conclusion without explaining the impact of that work in the field.
Requirements for the Position and the Employer
A teaching position must be tenured or tenure-track. A research position must be permanent, meaning tenured, tenure-track, or without a fixed end date with an expectation of continued employment.
A position whose research funding is allocated annually may also count as permanent if the employer can explain that it will keep seeking funding and there is a reasonable expectation that funding will continue. Temporary, part-time and periodically funded positions do not count as tenured or tenure-track positions. Fixed-term appointments such as postdoctoral positions depend on the specific terms of employment, and we suggest evaluating before changing jobs or signing a contract.
Private employers have an additional requirement: the relevant department, division or institute must employ at least 3 full-time researchers and have a record of achievements in the academic field. Government agencies generally do not qualify, unless the agency is itself a U.S. university or institution of higher education.
How It Differs from EB-1A
EB-1A can be self-petitioned, requires meeting at least 3 of 10 criteria and requires showing that you are among the small percentage at the very top of the field. EB-1B depends on an employer and a permanent position and looks at international recognition within the academic field. If the employer changes, the EB-1B arrangement must be evaluated again. For the ten EB-1A criteria, see EB-1A Extraordinary Ability Green Card: The Ten Criteria and the Two-Step Review.
Fees and visa backlog
The I-140 fee is $715 on paper and $665 online. The employer also pays the Asylum Program Fee: $600 for a regular employer, $300 for a small employer and $0 for a nonprofit. The premium processing fee is $2,965, with a target time frame of 15 business days.
In the November 2026 Visa Bulletin, the EB-1 Final Action Date for people born in mainland China is August 1, 2023 and the Dates for Filing date is July 1, 2024; for most other regions there is no wait. USCIS has confirmed that for November 2026 the I-485 may be filed using the Dates for Filing chart; this is announced separately each month, and the dates may change every month. A May 2026 USCIS memorandum (PM-602-0199) describes adjustment of status as exceptional discretionary relief, under which the officer looks at the status record and whether the person could have used consular processing instead; holding a dual-intent status also does not mean approval is certain. Evaluate this before filing the I-485.
Beginning in August 2026, when initial evidence is missing, an officer may deny a case without issuing a Request for Evidence, so both the employer and the applicant need to submit complete materials the first time.
What to prepare
- An offer letter stating the nature and duration of the position.
- Employer documentation of 3 or more years of teaching or research experience.
- Evidence of papers, citations, peer review, awards, funding and press coverage.
- Independent evidence that shows the impact of your work.
- The employer's financial documents. A private employer must also provide the number of people on the research team and its record of achievements.
Contact us
Universities and companies that want help from an EB-1B lawyer in evaluating a case may call 347-618-3386 for a consultation in Chinese. Lu Xin Law Offices is located at 36-09 Main Street, Suite 5-D5, Flushing, New York. Our responsible attorney, Michael R. Curran, is licensed in New York and New Jersey. For more information, see Immigration Legal Services.
FAQ
Can I file an EB-1B petition myself?
No. EB-1B requires a U.S. university or private employer to file the I-140, but no labor certification is needed.
Is meeting 2 criteria enough?
No. The officer also weighs all of the evidence together to decide whether you are in fact internationally recognized in the field.
Do private employers have additional requirements?
Yes. The relevant department, division or institute must employ at least 3 full-time researchers and have a record of achievements in the academic field.
Sources: uscis.gov, uscis.gov, uscis.gov, uscis.gov, uscis.gov, uscis.gov, travel.state.gov, uscis.gov, uscis.gov. The information above is current as of November 6, 2026. Immigration rules and fees may change, so check the latest official requirements before you file.
Attorney Advertising. This article is general information and is not legal advice on any particular case. Eligibility, procedures and outcomes depend on the facts of each case, the applicable law and the decision of the government agency.