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Three Year Experience in Research and Teaching Requirement for EB-1B Application

Hi William:

I am an Assistant Professor in an University, and I joined the university three years ago. My employer submitted the Form I-140 application under EB1 Outstanding Researcher or Professor category in April of this year. We received an Request For Evidence (RFE) letter from USCIS asking me to show the three years experience in research and teaching.

I want to know if the three years can be counted as of the current date? Can I use my PhD research time counting towards the three year experience? Thanks in advance.


Many new faculties in universities who have recently completed their doctorate degree may believe that they will not qualify for the EB1 Outstanding Researcher  or Professor (EB-1B) immigration petition, because they do not have sufficient time to satisfy the EB-1B requirements. Therefore, the individual faculty member or researcher should consult with the university and his/her department to determine whether he or she has sufficiently met the criteria before filing a petition for EB1 Outstanding Researcher or Professor.

The EB-1B petition needs prior experience, and the three years experience will be counted to the day of the EB-1B Form I-140 filling. The alien applicant can use the PhD research time towards the three years experience, if it contributed towards the outstanding accomplishments in the field. The alien applicant can provide effective evidence by showing the Ph.D. work as outstanding, such as how many research papers were published during the Ph.D study and their citation numbers.

For EB1 Outstanding Researcher or Professor petition, although compiling the necessary evidence demonstrating scholarly achievement is time-consuming, USCIS processing of EB-1B petitions is generally faster than for the EB2 and EB3 categories, because labor certification through the U.S. Department of Labor is not required. Also, some applicants from certain countries with high U.S. immigration rates do not currently have to wait for a visa number to become available before they can take the final steps towards obtaining U.S. Green Card, once USCIS approves the EB-1B based Form I-140 petition.

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