EB1 Green Cards For Outstanding Professors – 8 C.F.R. Section 204.5(h)(2)(3) *

EB1 Green Card - Teaching in the US could be an opportunity of a life time but if you’re here on a J-1 or H-1B visa, that time will come to an end unless you’re able to secure a green card. The EB1 professor/researcher visa may be an ideal option for you and your family.

EB1 Introduction: If you’ve not come across the EB1 green card before, the EB1 green card is the Rolls Royce of green cards – in that, for those aliens who qualify they can obtain a green card without even needing a sponsor or to have a job in the US lined up.

As US Immigration puts it ‘as long as they are coming to work in the area of the sciences, arts, education, business, or athletics which can be demonstrated by sustained national or international acclaim and whose achievements have been recognized in the field through extensive documentation they can work without restriction.’

We work with a lot of EB1 green card candidates who are able to qualify for this visa even if at first it’s not that apparent. Typically, we have to develop their documentation and polish it up so that US Immigration can be persuaded that our client do indeed qualify.

In recognition of the need to also attract top academics who may not have fully established themselves as “extraordinary”,  as codified in the statute, US Immigration created another EB1 green card category especially for ‘Outstanding Professors and Researchers’. Please note that EB1 green card eligibility under this category does require a specific type of job offer being in place. However, there are other EB1  green card classifications that do not require job offers. Click here.

My goal here is to break this classification down so that you can determine if you fit. It’s not the easiest of categories to get to grips with so I hope this outline will help.

EB1 Green Card - Teaching vs. Researching - US Immigration does appear to make it easier for researchers than it does for teachers so it's important to ensure that the job description incorporates both to ensure the best outcome.

EB1: Teaching or Researching: I guess the best place to start is to identify yourself as either a teacher or researcher. This having been said the two disciplines can be interchanged but when it comes to the job on offer teaching posts in the US must be Tenured or tenured track only, whereas as research posts must be permanent in nature.  I need to break this down a little further for clarity. A tenured post is traditionally a life long appointment. A permanent post typically means that when the alien is given the job it is clear that it’s not a temporary position. US Immigration defines permanent as for an indefinite or unlimited duration and in which the alien will ordinarily have an expectation of continued employment unless there is good cause for termination. The employment letter must explicitly deal with the issue of tenure or comparable tenure.

EB1: Experience in Teaching or Research: The alien must have at least three years teaching or in research (including a combination of both) in the specific area of the job being offered.

EB1: Professors and Associate Professors: When it comes to the academic world they have their own unique ranking system where you have Deans, Heads of Department, Professors, Associate Professors, Adjunct professors, junior professors and so forth. Tenured positions and otherwise permanent positions are only every given to the most senior and academically accomplished members of staff and this distinction is how US Immigration can, in part, determine an alien’s standing in the field when it comes to US and past job positions.  Therefore, the first major test when considering yourself for eligibility under this category, is does the job on offer satisfy one of the three teaching or research requirements:- 

EB1: Teaching Post – A tenured position (or tenure-track position) within a university or institution of higher education to teach in the academic area,

(Where the university does not have tenured positions it seems unlikely that the alien teacher will be able to qualify under this category)

EB1: Research Post – A comparable parable position within a university or institution of higher education to conduct research in the area, or

EB1: Research Post – A comparable position to conduct research in the area with a department, division, or institute of a private employer providing the department, division, or institute employs at least 3 persons full-time in research activities and has achieved documented accomplishments in an academic field.

EB1 Green Card - As can be seen many universities are offering their best employees contracts that are similar to a tenure track position but if the position is primarily a teaching position US Immigration wants to the word tenure or tenure-track.

As can be seen these requirements are quite tough on teachers/ professors because there is a diminishing trend for Universities to offer any tenured positions whatsoever. Thus, this visa opportunity has become skewed towards researchers. This having been said many teachers are now also conducting research projects as part of their overall role within the establishment.

EB1: Tenured and Comparable Positions: Tenure commonly refers to ‘life tenure’ in a job, in other words, once a person has been granted tenure by their University they cannot be fired without just cause. The doctrine of tenure was to enable esteemed professors and associate professors the freedom to do their job without fear or favor. In the legal profession for example, Judges have tenure so they are able to make judicial decisions without fear of losing their job.  In a university setting universities created tenured positions so that their scholars were free to explore their various theses and hold unconventional opinions without fear of having to tow a university or political line or an established school of academic thought.  Tenured positions are typically reserved for professors and Associate Professors. A junior professor would not be promoted into a tenured position unless they had established outstanding academic credentials.

The underlying attraction of tenure was total job security therefore universities only gave tenure to the very best and most accomplished scholars.

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Chris M. Ingram., LL.M., ESQ
Attorney at Law
EB1 Green Card Specialist

US Immigration Law Offices of Chris M. Ingram
Chris M. Ingram LL.M., ESQ – Immigration Attorney
Admitted in New York.
Practice Specializing in US Immigration Law
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Santa Monica,
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Tel: 310 496 4292

Everyday the Law Offices of Chris M. Ingram provides a comprehensive range of US Immigration expertise. We also provide a free consultation for our prospective clients. 

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