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In 1990 Congress created an employment-based permanent residence category for outstanding professors and researchers EB-1(2) exempt from labor certification.  To qualify, the U.S. employer must document that the professor or researcher is outstanding in their academic field.  Outstanding is not defined in the regulations, however there is another category for aliens of extraordinary ability, which is a much higher level of expertise.  Extraordinary ability is defined as a level of expertise indicating that the individual is one of a small percentage who has risen to the very top of the field of endeavor.  Therefore, outstanding must fall somewhere between average and extraordinary ability.  There are provisions for teaching or research performed as part of an advanced degree program as part of the three years experience to qualify for this visa category; the standard should be available to new Ph.D. graduates if the other criteria are met.

Evidence of qualifications must include documentation that the alien researcher or professor is recognized internationally as outstanding in the field.  To show this, documentation in as least two of the following areas must be submitted:

1. Documentation of the alien's receipt of major prizes or awards for outstanding achievement in the academic field


2. Documentation of the alien's membership in associations in the academic field, which require outstanding achievements of their members


3. Published material in professional publications written by others about the alien's work in the field.  Such material shall include the title, date, author of the material, and translations


4. Evidence of the alien's participation, either individually or on a panel, as the judge of the works of others in the same or an allied academic field


5. Evidence of original scientific or scholarly research contributions to the academic field


6. Evidence of the alien's authorship of scholarly books or articles (in scholarly journals with international circulation) in the academic field

In addition to this documentation, we must also provide evidence that the alien employee has at least three years of experience in research or teaching in the academic field.  Experience that is acquired while working on an advanced degree will only be acceptable if the individual has acquired the degree and the research or teaching conducted toward the degree has been recognized within the academic field as outstanding.  This must be in the form of letters from recognized experts that include the author's title and address and a specific description of the research or teaching duties performed by the alien for at least a three-year period.  Documentation of at least three years of research or teaching experience is basic to eligibility for this visa category.

A final requirement is an offer of employment from either a U.S. University or institution of higher learning offering a permanent research or teaching position in the alien's academic field or an offer from a department, division, or institute of a private employer that employs at least three persons in full-time research positions offering the alien a permanent research position.  Permanent is defined as a position that is tenured, tenure-track, or for a term of indefinite duration in which the employee will ordinarily have an expectation of continued employment unless there is good cause for termination.

Although preparing the necessary documents takes some time, the benefit of the EB-1(2) category is that no recruitment is required.  Since the lengthy period for labor certification is avoided if successful, the alien employee should be able to obtain permanent resident status much sooner.

Outstanding Professors and Researchers Document List

Detailed C.V. or resume and list of publications
Educational documents with English translations

1. Diplomas
2. Transcripts
3. Certificates for additional courses taken

Awards, honors, prizes, certificates of achievement, etc. in the academic field (with English translation) supported by information or documentation describing the significance of the award and the entity conferring the award
Published articles in scholarly journals and books written, copy of book cover and inside page
Letters of reference describing the outstanding nature of your work and your contribution to the academic field and the resume or C.V. of the letter writer
Letters verifying three (3) years of work experience in the field
Proof of professional association membership
Documentation verifying participation as a judge of the work of others in the academic field (Ph.D. defense, M.S. thesis, judge of articles for publication or papers presented at conferences)
Published articles written by others about your work