Expanded Rules for Outstanding Researchers

Department of Homeland Security Changes Regulations to EB-1B Outstanding Professors and ResearchersBy Erin HoganToday the Department of Homeland Security published a final rule revising its regulations on certain highly skilled worker visa categories in an attempt to make it easier for those workers to remain working in the U.S. In addition to changes made to the H1-B1, E-3, and CW-1 nonimmigrant classifications, DHS made changes to the immigrant classification for employment-based first preference outstanding professors and researchers (EB-1B). The EB-1B category allows outstanding professors and researchers (hereinafter referred to collectively as "researchers") to seek permanent residency in the U.S. if they can meet certain criteria. The researcher must have at least three years of experience in teaching or research in the academic field of her expertise. The researcher must also be entering the U.S. to pursue tenure or tenure track teaching, or to pursue a comparable research position at a university of other institution of higher education. In addition to these criteria, the researcher must be able to demonstrate that she can meet at least two out of the following criteria:Evidence of receipt of major prizes or awards for outstanding achievementEvidence of membership in associations that require their members to demonstrate outstanding achievementEvidence of published material in professional publications written by others about the alien's work in the academic fieldEvidence of participation, either on a panel or individually, as a judge of the work of others in the same or allied academic fieldEvidence of original scientific or scholarly research contributions in the fieldEvidence of authorship of scholarly books or articles (in scholarly journals with international circulation) in the fieldThe revised regulations are now allowing for applicants to submit "comparable evidence" to the enumerated list. This is similar to what has been allowed for other EB-1 categories. This change allows for more flexibility and additional ways for researchers to demonstrate that they are outstanding researchers in their academic field. DHS summarized the benefits of this change in that it provided equity for EB-1 outstanding researchers relative to other employment-based immigrants, that it may help U.S. employers recruit EB-1 outstanding researchers, that it is not quantified criterion, and that there may be qualitative benefits. This change will allow for researchers to provide comparable evidence demonstrating their outstanding skills that would otherwise not fit in to the traditional criteria. DHS provided the examples of submitting evidence of important patents or prestigious peer-reviewed funding grants. This is a welcomed change for many who have had impressive accomplishments in the academic world but not necessarily accomplishments that would fit within the standard criteria. The published rule can be found here: https://goo.gl/BFxsm5