EB-1B asks for two of six criteria rather than EB-1A's three of ten, and for international recognition as outstanding rather than standing at the very top of the field. The trade is that you cannot file it yourself.
- Two of six criteria, not three of ten
- No self-petition. A U.S. employer files
- Three years of teaching or research experience is required
- The position must be tenured, tenure-track, or permanent as the regulation defines it
- No labour certification is required
Who may file, and for what
"Any United States employer desiring and intending to employ a professor or researcher who is outstanding in an academic field under section 203(b)(1)(B) of the Act may file an I-140 visa petition for such classification." 8 CFR 204.5(i)(1)
That single sentence is the biggest practical difference from EB-1A, where the regulation allows the person or anyone on their behalf to file. If you have no employer willing to petition, EB-1B is closed and EB-1A or the national interest waiver are the self-petition routes.
The four things a petition must contain
The regulation lists them together at 8 CFR 204.5(i)(3): evidence of international recognition through at least two of six criteria, three years of experience, and a qualifying job offer.
The academic field matters. The regulation defines it as "a body of specialized knowledge offered for study at an accredited United States university or institution of higher education." USCIS adds a useful gloss on how narrowly you may draw it:
"By regulatory definition, a body of specialized knowledge is larger than a very small area of specialization in which only a single course is taught or that is the subject of a very specialized dissertation. As such, it would be acceptable to find the beneficiary is an outstanding professor or researcher in particle physics rather than physics in general" USCIS Policy Manual, Volume 6, Part F, Chapter 3
Three years of experience. In teaching or research in the field, evidenced by letters from employers giving "the name, address, and title of the writer, and a specific description of the duties performed". Doctoral work counts only conditionally: the regulation allows it "if the alien has acquired the degree, and if the teaching duties were such that he or she had full responsibility for the class taught or if the research conducted toward the degree has been recognized within the academic field as outstanding."
A qualifying offer. Three forms are permitted: a university offering a tenured or tenure-track teaching position; a university offering a permanent research position; or a department, division or institute of a private employer offering a permanent research position. The private-employer route carries an extra condition, and it is one people miss:
"The department, division, or institute must demonstrate that it employs at least three persons full-time in research positions, and that it has achieved documented accomplishments in an academic field." 8 CFR 204.5(i)(3)(iv)(C)
Permanent has a definition. Not a loose word here:
"Permanent, in reference to a research position, means either tenured, tenure-track, or for a term of indefinite or unlimited duration, and in which the employee will ordinarily have an expectation of continued employment unless there is good cause for termination." 8 CFR 204.5(i)(2)
A fixed-term postdoctoral appointment with a defined end date will struggle against that definition. This is the single commonest reason strong researchers turn out not to fit EB-1B.
The six criteria
At least two, quoted from 8 CFR 204.5(i)(3)(i):
| Criterion | Regulatory text |
|---|---|
| Awards | "Documentation of the alien's receipt of major prizes or awards for outstanding achievement in the academic field" |
| Membership | "Documentation of the alien's membership in associations in the academic field which require outstanding achievements of their members" |
| Published material | "Published material in professional publications written by others about the alien's work in the academic field" |
| Judging | "Evidence of the alien's participation, either individually or on a panel, as the judge of the work of others in the same or an allied academic field" |
| Original research | "Evidence of the alien's original scientific or scholarly research contributions to the academic field" |
| Authorship | "Evidence of the alien's authorship of scholarly books or articles (in scholarly journals with international circulation) in the academic field" |
Three differences from EB-1A are worth reading closely.
Awards must be major. EB-1A criterion 1 says "lesser" prizes, expressly not Nobel-level. EB-1B says "major prizes or awards". That is a higher bar on this particular criterion, even though the overall standard is lower.
Original research needs no major significance. EB-1A requires contributions "of major significance in the field". EB-1B asks only for "original scientific or scholarly research contributions to the academic field". That is a materially easier test, and it is the criterion many researchers should look at first.
Authorship requires international circulation. EB-1A accepts professional or major trade publications or other major media. EB-1B specifies "scholarly journals with international circulation", which excludes purely domestic venues.
Comparable evidence is available: "If the standards in paragraph (i)(3)(i) of this section do not readily apply, the petitioner may submit comparable evidence to establish the beneficiary's eligibility."
The same two-step review
USCIS applies the identical structure it uses for EB-1A, and says so in the same terms: step one asks whether the evidence objectively meets at least two criteria, step two is the final merits determination. The examples it gives are pointed:
"Participating in the judging of the work of others in the same or an allied academic field alone, regardless of the circumstances, should satisfy the regulatory criteria in step one. However, for the analysis in step two, the beneficiary's participation should be evaluated to determine whether it was indicative of the beneficiary being recognized internationally as outstanding in a specific academic area." USCIS Policy Manual, Volume 6, Part F, Chapter 3
So the same lesson carries over from the final merits determination: clearing criteria is the easy half, and the argument about standing is the case.
Sources
All accessed 25 August 2026.
- 8 CFR 204.5(i), eCFR. The classification, definitions, six criteria, experience requirement, and qualifying offers, quoted verbatim above.
- USCIS Policy Manual, Volume 6, Part F, Chapter 3. The academic field gloss, the two-step review, and the criterion discussions.
- 8 CFR 204.5(h), eCFR. The EB-1A criteria used for comparison.
- USCIS, Employment-Based Immigration: First Preference EB-1.
Whether your position meets the regulatory definition of permanent is a fact-specific legal question for your attorney.
This article describes the classification in general terms. It is not a substitute for advice from your attorney about your own case.
Frequently asked questions
Can you self-petition for EB-1B?
No. The regulation provides that a United States employer desiring and intending to employ the professor or researcher may file the petition, so EB-1B requires an employer in a way EB-1A does not.
How many criteria does EB-1B need?
At least two of six, compared with three of ten for EB-1A. USCIS then conducts a final merits determination on whether the beneficiary is recognised internationally as outstanding.
What counts as a permanent research position?
The regulation defines permanent as tenured, tenure-track, or for a term of indefinite or unlimited duration, in which the employee will ordinarily have an expectation of continued employment unless there is good cause for termination.
Can a private company sponsor EB-1B?
Yes, with conditions. A department, division or institute of a private employer must show it employs at least three persons full-time in research positions and has achieved documented accomplishments in an academic field.
Does time spent on a PhD count toward the three years?
Only conditionally. Experience gained while working on an advanced degree counts if the degree was acquired, and if the teaching involved full responsibility for the class or the research has been recognised as outstanding.
Green Card Guide AI is not a law firm and this article is not legal advice. It describes evidence-building strategy in general terms; your attorney determines what belongs in your petition and how it's argued.