Last updated: November 9, 2025.
By Asel Williams, Esq. · Columbia Law School · Licensed immigration attorney
What is EB-1B visa
The EB-1B visa enables universities and research institutions to sponsor outstanding professors and researchers with at least three years of experience for permanent residency in the U.S.
To demonstrate belonging to this category, USCIS requires the beneficiary to pass a two-step analysis: first, that they meet the “evidentiary threshold” of at least two of six criteria mentioned below; and, two, the “totality of evidence” submitted demonstrates that they are an exceptional professor or researcher.
EB-1B visa requirements
The first requirement for an EB-1B visa petition is for the beneficiary to have a qualifying job offer from a U.S. employer.
In order for a job to qualify for the EB-1B visa category, it must be a tenure or tenure-track teaching petition at a public university, or it must be a permanent research position at a public university or at a private company that employs at least three full-time researchers.
The prospective employer must be the one to petition for the beneficiary, and must demonstrate an ability to pay the prevailing wage.
The second requirement for an EB-1B visa petition is for the beneficiary to demonstrate at least two of six criteria (or comparable evidence). Per USCIS’s guidelines, these are:
- Evidence of receipt of major prizes or awards for outstanding achievements;
- Evidence of membership in associations that require their members to demonstrate outstanding achievements;
- Evidence of published material in professional publications written by others about the beneficiary’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 contribution in the field;
- Evidence of authorship of scholarly books or articles (in scholarly journals with international circulation) in the field
EB-1B vs EB-1A
Both the EB-1B and EB-1A visas have some similarities, but also contain key differences.
EB-1A visas are for individuals with extraordinary abilities in fields such as business, arts, education, athletics, or science.
To qualify, applicants must prove that they are at the top of their field, that they will continue to work in that field in the US, and that their presence in the US will benefit the country.
Here are some similarities between the two visa categories:
- Both visas are immigrant visas, which means that successful petitioning for either visa will lead to a green card.
- Both visas are first preference, employment-based visas — meaning that they are less backlogged than most other employment-based visas.
- Both visas allow for direct family members (defined as spouses and unmarried children under 21) to enter the U.S. on E-14 visa status. Moreover, for both visa categories, spouses may attain legal work authorization upon completion of Form I-765, Application for Employment Authorization.
- Both visas do not require PERM Labor Certification.
Here are some differences between the two visa categories:
- The EB-1B visa requires a qualifying job offer (i.e., the employer must petition on behalf of the beneficiary), whereas the EB-1A visa does not require the beneficiary to have a qualifying job offer (i.e., the beneficiary can self-petition).
- The EB-1B visa’s eligibility requirement is for the beneficiary to demonstrate two of the six categories enumerated above, whereas the EB-1A visa’s eligibility requirement is to show evidence of a one-time major achievement (major internationally-recognized prize such as a Pulitzer, Oscar, Olympic Medal, etc.) OR to meet at least three of ten criteria listed on the USCIS website (or comparable evidence).
Ultimately, both are first preference visas in the employment-based visa category.
As such, there is no practical distinction in the visas’ benefits, processing time, fees, or availability. Rather, the selection of a given visa category would depend on the beneficiary’s individualized circumstances.
Generally, there is not much overlap since EB-1A visas apply to a broad category of excellence beyond the sciences — and even in the sciences, it does not require teaching experience.
It follows that any prospective applicant in the sciences who does not have three years of teaching or research experience should try to see if they would qualify for an EB-1A, since they cannot qualify for an EB-1B visa.
Even if a prospective applicant would qualify for both visas, they should ask themselves in what capacity they wish to work in the U.S.
For instance, even if a startup founder has several years of scientific research experience, they will likely want to apply for the EB-1A visa if their intention is to enter the U.S. as the CEO of their startup.
Finally, if a prospective visa applicant has documented excellence in a field outside of teaching or research altogether — such as in acting, cooking, theater, etc. — applying for an EB-1A is the obvious choice.
How to apply for EB-1B visa
The first step to applying for an EB-1B visa is to attain a qualifying job offer from a U.S. employer.
In order for a job to qualify for the EB-1B visa category, it must be a tenure or tenure-track teaching petition at a public university, or else be a permanent research position at a public university or private company that employs at least three full-time researchers.
The second step is for the U.S. employer to file Form I-140, Petition for Alien Worker on behalf of the beneficiary.
The third and final step is for the beneficiary to either adjust status or consular process.
Adjustment of status, enacted by filing Form I-485 (“Application for Adjustment of Status”), is when the beneficiary is already in the U.S. in lawful status and wishes to petition for permanent residency.
Consular processing, enacted by filing Form DS-260 (“Immigrant Visa and Alien Registration Application”) at a U.S. embassy or consulate, is when the beneficiary is abroad and wishes to petition for permanent residency.
Once the beneficiary’s Form I-485 is approved, that’s it!
The beneficiary now holds a green card that is valid for ten years and may be indefinitely renewed in 10-year increments.
The beneficiary may also apply for U.S. citizenship after five years of U.S. residency by filing Form N-400, Application for Naturalization.
EB-1B visa checklist of documents
There are a number of documents a beneficiary should have on hand for the EB-1B visa process.
Examples of generally required documents:
- Copies of Current Immigration Documents:
- Passport identity/biographical information page(s)
- Most recent visa page of passport
- Most recent I-94 arrival/departure record (if applicable)
- Forms showing beneficiary’s current or past nonimmigrant status (if applicable)
- Copies of Diplomas/Degrees:
- E.g., Bachelor’s, Master’s, PhD (with certified English translation, if applicable)
- Evidence of at least three years of teaching or researching experience at a qualifying entity (i.e., public university for professors; public university or private company employing at least three full-time researchers for researchers)
- Employment contracts from previous employers;
- Letters from previous employers attesting to beneficiary’s work.
- Note: If some or all of the beneficiary’s 3-year teaching/research experience was gained while pursuing an advanced degree, USCIS will require that (i) the beneficiary receive the degree at the time of applying for the visa, and (ii) the beneficiary had full responsibility for the class taught (for professors) or had conducted research that is recognized as outstanding by other experts in the academic field (for researchers).
Examples of documents that may satisfy criteria demonstrating outstanding accomplishments as a professor/researcher:
- Evidence of beneficiary directly satisfying any of the six criteria mentioned above
- “Comparable evidence” of beneficiary’s outstanding accomplishments, e.g.,—
- reference letters from experts in the field;
- having commanded a high salary relative to others in the field;
- having received approved patents for innovations;
- having been covered by major media publications (e.g., New York Times, BBC, CNN, etc).
EB-1B premium processing
The EB-1B visa has premium processing as an option (“Form I-907, Request for Premium Processing Service”), which greatly reduces adjudication time by guaranteeing that the petition will be processed within 15 calendar days.
For applicants who need to ensure their documentation is presented clearly and professionally, it can be helpful to consult a law essay writer to assist with drafting the petition and supporting materials, ensuring that everything is properly formatted and meets USCIS standards.
As of USCIS’s latest fee schedule, the cost for premium processing is $2,805.
EB-1B and US Visa Bulletin
Per the Immigration and Nationality Act of 1952 (INA), there is an annual quota of 140,000 employment-based immigrant visas.
Of these, the EB-1 visa category is limited to just 40,000 visas annually (itself divided into three subcategories, although none of these subcategories — including the EB-1B — have their own individualized cutoffs).
These 40,000 visas are divided among all the countries of the world, with each country being confined to no more than 7% of that number (i.e., 2,800).
When an employer files an EB-1B visa petition on behalf of the beneficiary, the date of filing is known as the “priority date.”
Because some countries have more applicants than available employment-based visas (particularly China and India), those individuals’ priority dates can become retrogressed.
As of the latest visa bulletin, the EB-1 visa category is current for Chinese beneficiaries who applied for the visa on or before November 1, 2022; for Indian nationals who applied on or before February 1, 2022; and for all other nationals as of the present time.
EB-1B processing time
The overall EB-1B processing time (representing adjudication of both the I-140 and DS-260 forms) depends on factors such as the annual caseload, whether premium processing is opted for, and the particular processing center adjudicating the petition.
Per USCIS’s online processing times calculator, the average processing time for Form I-140 as of July 2024 was 8.5-10 months (depending on the processing center).
This would be reduced to just 15 calendar days if premium processing was selected.
The same calculator has the processing time for adjustment of status (which has no premium processing option) ranging from 6.5 months-45.5 months depending on the processing center.
For certain nationalities (particularly Chinese and Indians), waiting for a visa to become available can also take years on top of other wait times.
In sum, the processing time for an EB-1 visa can range from under 7 months (e.g., if premium processing for a non-Chinese/Indian national in Albany, NY) to several years (for a Chinese/Indian national, particularly if not premium processing).
(Note: Consular processing is typically faster than adjusting status and is handled by the U.S. Department of State, not USCIS. For consular processing times for DS-260, see here.)
EB-1B visa Frequently Asked Questions (FAQs)
Who qualifies for EB-1B?
- Individuals with at least three years of experience in teaching and/or research in their academic field and who receive a permanent employment offer at a qualifying entity (i.e., public university for professors; public university or private company employing at least three full-time researchers for researchers). Moreover, such persons must be able to demonstrate that they are “outstanding” in their field by meeting at least two of six criteria (or compatible evidence).
What is the difference between EB-1 and EB-1B?
- EB-1 visa refers to the general category of all first-preference, employment-based visas. This has three subcategories, one of which is the EB-1B (for outstanding professors and researchers).
How hard is it to get EB-1B?
- While initially qualifying for the EB-1B visa category may prove challenging, the vast majority of those who do submit petitions get approved.
As of fiscal year 2023, USCIS received 4,041 EB1-B visa applications, of which 3,863 were approved. That is a resounding 95.6% approval rate!
Thus, if a qualifying employer petitions for an eligible beneficiary, the beneficiary in all likelihood would be approved by USCIS if they submit evidence which meets two of the six aforementioned criteria and is of a decently qualitative nature (thereby satisfying the “evidentiary threshold” and “final merits/totality of evidence” steps, respectively).
What is EB-1 visa category?
- The EB-1 visa category refers to all first preference, employment-based visa categories. The EB-1B visa is a subcategory of this visa preference for outstanding professors and researchers with three years of teaching and/or research experience. (Whereas the EB-1A visa is for individuals of extraordinary ability, and the EB-1C visa is for multinational managers and executives).
EB-1B Filing Fees
You can expect paying the following fees when applying for EB-1B visa:
| If the applicant is in the U.S. | If the applicant is outside the U.S. |
| Form I-140 filing fee: $715 plus additional fees
Form I-140 Asylum Program Fee:
|
Form I-140 filing fee: $715 plus additional fees
Form I-140 Asylum Program Fee:
|
| Form I-140 Premium Processing fee (optional): $2,805 | Form I-140 Premium Processing fee (optional): $2,805 |
Form I-485 filing fees:
Form I-765: $260 (optional) Form I-131: $630 (optional) |
Form DS-260 filing fee:
|
| Form I-693 (medical examination) fee: $200-$600/per applicant | Medical examination fee: varies |
See Also:
EB-1 Visa for Extraordinary Individuals