Filing EB1-Outstanding Researcher Petition,
and Use Priority Date of the Labor Certification

Dr. William:

I am an Assistant Professor in engineering school of an university. My current status is H-1B. The school filed a faculty special handling labor certification a month ago, but I could not file I-485 because of the visa retrogression of EB-2 for my home country. I am thinking about filing EB1-Outstanding Researcher petition, my question is can I use my priority date of the labor certification? 


The EB1-Outstanding Researcher category is labor certification exempt. If your existing priority date is current after obtaining the I-140 petition approvals based on the labor certifications, you can file EB-1 and I-485 by using your priority date of the labor certification.

For EB1-Outstanding Researcher petition, you need to have at least three years of recognized outstanding research experience, and you should do research, rather than only a teaching faculty. 









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