EB-1B eligibility and employer requirements
EB-1B requires a permanent, full-time job offer from a U.S. university, institution of higher education, or qualifying private research institution. The petitioner must have at least three years of teaching or research experience and must demonstrate international recognition for outstanding achievement.
Unlike EB-1A, EB-1B is not self-petitioned — the employer files the I-140 on the researcher's behalf.
The six EB-1B criteria
EB-1B requires evidence of at least two of six regulatory criteria, plus international recognition. The criteria overlap substantially with EB-1A but apply specifically to academic and research achievements.
- Receipt of major prizes or awards for outstanding achievement
- Membership in associations requiring outstanding achievements
- Published material in professional publications about the petitioner's work
- Participation as a judge of the work of others in the field
- Original scientific or scholarly research contributions
- Authorship of scholarly books or articles in scholarly journals with international circulation
EB-1B versus EB-1A for postdocs
Postdocs with strong evidence often file EB-1A and EB-1B in parallel. EB-1A is self-petitioned (no employer needed) and not tied to a specific job; EB-1B requires the employer's commitment and a permanent job offer but has a slightly lower evidentiary bar (two of six criteria, no Kazarian final-merits language as historically applied to EB-1A).
Industry researchers at qualifying private research institutions can also use EB-1B. The 'private research institution' must employ at least three persons full-time in research activities and have documented accomplishments in the field.