Professionals in education field can easily migrate to the united states to continue their trade under the Employment Based First Preference Visa, EB1-B or EB1-OR. Under this categories, the applicant must show that he is an outstanding educator, professor or researcher.
An outstanding educator, professor or researcher is someone who is a tutor or researcher in a tertiary institution and can proof that he is internationally recognized for his outstanding achievements in a specific academic field. This can be establish by providing evidence of authoring books or collaborating in publication of books, educational materials or treaties which are recognized as a reliable authority in a specific academic field. It can also be established by providing evidence of inventions, patents or awards/prizes which are significant or recognized nationally or internationally in the field. The award or prize must be prestigious but there is no requirement that the award must be Nobel or Pulitzer prize. Any prize or award can be accepted if it can be proved that criteria used to judge the nominees is rigorous, the award is difficult to win, the body sanctioning the award is reliable and transparent, the award/prize is prestigious and it is in the specific academic field. School awarded academic fellowships or scholarships are not accepted except they are notoriously competitive and prestigious.
You need to have 3 years teaching or research experience in that academic field. You must be able to demonstrate that you are migrating to the United States to pursue a tenure or tenure track teaching or similar research position at an institution of higher education, a college, university, or private employment. To prove this is not difficult since there is a presumption that you will continue to work for the prospective employer who file the petition for you upon arriving at the United States. Therefore, this category requires a US employer who will file a Petition for Alien Worker, Form I-140 on your behalf for the application to succeed.
You must be able to provide at least 2 out of the 6 criteria listed below in addition to an offer of employment from the prospective U.S. employer filing the petition. The private employer must show documented accomplishments and that it employs at least 3 full-time researchers. No labor certification is required.
Evidence Necessary for Establishing being an Outstanding Professor or Researcher
You must provide proof of 2 out of 6 criteria listed below or any comparable evidence in the absence of the listed criteria:
- Proof of receipt of major prizes or awards for outstanding achievement
- Proof of membership in associations that require their members to demonstrate outstanding achievement
- Proof of published material in professional publications written by others about the alien’s work in the academic field
- Proof of participation, either on a panel or individually, as a judge of the work of others in the same or allied academic field
- Proof of original scientific or scholarly research contributions in the field
- Proof of authorship of scholarly books or articles, published in scholarly journals with international circulation, in the field.
In addition, the petitioning US employer or institution must demonstrate a continuing ability to pay the educator or researcher the offered wage as of the priority date of the petition. This can be established by filing with the petition the current annual report, federal income tax return, or audited financial statement of the institution.
Who can migrate with you?
- If your I-140 petition is approved, your spouse and unmarried children under the age of 21 may be eligible to apply for admission to the United States in E-14 or E-15 immigrant status, respectively.
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