EB-1B Outstanding Professor or Researcher (OPR)

• Available for research staff and faculty who are internationally recognized as outstanding in their specific academic area who work in a tenured or tenure-track position, or a comparable position to conduct research.
• The employee must have at least 3 years of experience in teaching or research in the academic field.
• The employee must be able to demonstrate they meet at least 2 of the 6 federal criteria for this category, as well as pass the “final merits determination” of whether or not the evidence provided demonstrates that the employee is recognized internationally as outstanding in a specific academic area.

Employees must be able to provide evidence that they meet at least 2 of the 6 criteria listed below.

1. Receipt of major prizes or awards for outstanding achievement in the academic field.
   • Awards must be national or international, not local, and not be academic scholarships or grants. The employee must have received the award, not just nominated.
   • Submit photocopies of prizes or awards, but also include evidence of the reputation of the organization granting the award, the significance of the award, and the criteria used to select the recipient.
2. Membership in associations in the academic field that require outstanding achievements of their members.
   • Outstanding achievements must be an essential condition for membership, not just activity in a particular field. Similarly, the prestige of the association does not count
     unless outstanding achievements are one of the criteria for membership.
   • Submit photocopies of membership certificates, letters of nomination, or letters from associations. Include a description of the association’s mission and the requirements which must be met for membership, such as bylaws of the organization or a letter of explanation.
3. Published material in professional publications written by others about the beneficiary’s work in the academic field. Such material must include the title, date, and author of the material, and any necessary translation.
   • According to the USCIS, “an unevaluated listing in a subject matter index or footnote, or a reference to the work without evaluation is insufficient.” They require published material in national or international professional journals written by others (not past or present colleagues) about the applicant which specifically name the applicant.
   • Submit photocopies of cover pages of publications and pages where the scholar’s name appears, including footnotes, with title and date of publication. Please highlight the scholar’s name on all pages where it appears. Document the impact of the journal(s).
4. The beneficiary’s participation, either individually or on a panel, as the judge of the work of others in the same or an allied academic field.
   • The applicant’s acclaim should be the reason for being selected, not just because it’s a routine part of the job. The judging must be on a national or international level of other accomplished professionals for peer-reviewed journals or government agencies, not the supervision of PhD. candidates. The requests must be frequent, not
     occasional; the applicant’s opinion must be regularly sought.
   • Submit photocopies of lists of editors, letters requesting review of publications, thank you letters, etc. Please highlight the individual’s name where it appears. Explain the criteria for selection as a panelist, reviewer, etc.,
     such as widespread recognition or outstanding achievements in the field.
5. The beneficiary’s original scientific or scholarly research contributions to the academic field
   • The evidence must show that the scholar is not just competent, but rather is significantly superior to others in the field.
   • Submit a complete list of professional presentations, patents, etc. Include date, place, lists of speakers, criteria for selection, photocopies of invitations, conference papers, etc. Please highlight individual’s name where it appears. Include evidence of the importance of such contributions, as well as the significance of the particular conference or event, to the field. According to the USCIS,
     “evidence that those outside the scholar’s circle of colleagues and acquaintances consider the
     work important is especially valuable.”
6. The beneficiary’s authorship of scholarly books or articles (in scholarly journals with international circulation) in the academic field.
   • This carries little weight if publication is a normal part of the job. The publications should be in some of the most prestigious journals and be widely cited by independent researchers.
   • Submit a complete list of publications. Submit
     photocopies of title page and/or first page of publication showing title of article/book, title of journal, date, volume, authorship. Please highlight the individual’s name where it appears as author. It is important to explain the significance to the field of the publications in which they
     appeared, its circulation, and process for selection of articles.

For more guidance on what is considered acceptable in each category, visit the USCIS Policy Manual, Vol. 6, Part F, Chapter 3 – Outstanding Professor or Researcher.

Tips:

• Many UW employees can often provide evidence in 3 or 4 categories. However, it is often a better strategy to provide very strong evidence in only 2 categories than to pad the application with marginal evidence or documentation that may only weaken your application.
• USCIS realizes that academic research is carried out in groups. Therefore, the employee must stand out from the other members of the group as individually outstanding on an international level.

IFSS does not determine if the employee meets the federal standards. They rely completely on the expertise of the department and the dean’s office.  If the department and dean’s office believe the case meets the standards and want IFSS to file the petition, IFSS will file the petition.

According to the federal government, meeting 2 of the 6 criteria alone is not evidence enough of being an outstanding professor or researcher. After USCIS reviews the criteria and agrees that the employee meets at least 2 criteria, they will then conduct a second step of analysis, called the “Final Merits Determination.”  USCIS reviews the totality of the evidence to determine if the employee is one of that small percentage of individuals who have risen to the very top of their field, has sustained national or international acclaim, and that his or her achievements have been recognized by others in the field of expertise.

USCIS will analyze support letters included in the petition for additional context to explain the significance of the submitted evidence and how the evidence demonstrates the individual is internationally recognized as outstanding.

IFSS does not make the final merits determination.  IFSS provides feedback to the department and dean’s office and defers to them if the case meets the federal standards and if it should be filed.  IFSS does not decide if a case is filed or not. IFSS will submit the petition when asked to do so by the department and/or dean’s office.

Employees are responsible for filing fees related to their UW-sponsored PR petition. The UW does not reimburse these fees.

USCIS will accept a personal check or money order from a U.S. bank made payable to: U.S. Department of Homeland Security.

Filing Fee – $715

Premium Processing Fee – $2,805 (effective Feb. 26. 2024)

• Consult IFSS if this fee is needed. For employees with backlogged priority dates, it may not make sense to use premium processing.
• USCIS must take action on the case within 15 business days after receipt of the petition. An “action” can be an approval, a Request For Evidence (RFE), a Notice of Intent to Deny (NOID), or a denial.
• This fee is in addition to the filing fee listed above.
• Does not expedite the UW preparation of the petition.

IFSS must receive the following completed forms:

• EB-1B Request Form for Employees – Outstanding Professor/Researcher (OPR)
• EB-1B Request Form for Dept Chairs and Dean’s Offices – Outstanding Professor and Researcher (OPR)

Once the forms are received by IFSS, we will set-up a kick-off meeting to discuss next steps, timelines, and roles/responsibilities in order to prepare the case. Be aware that:

• It is the employee’s responsibility to gather the documentation and/or support letters to support how they meet the federal criteria.
• The Department Chair will be responsible for writing a letter that summarizes the evidence and demonstrates how the employee has risen to the top of their field.

(Under construction)

IFSS will contact the employee to complete Form I-140.

Once IFSS has obtained the I-140 approval notice, it is given to the employee to complete the last step of obtaining permanent residency. With the approved I-140, the employee has now become eligible to “adjust” from a non-immigrant to an immigrant status so long as a visa number is available.  The Department of State (DOS) Visa Bulletin determines the employee’s ability to file Form I-485 based on the priority date issued on the approved I-140. On the DOS Visa Bulletin webpage, there are two different bulletins: “Final Action Dates” and “Dates of Filing”. USCIS will determine which of these bulletins is used for each month. The DOS webpage provides a link to the USCIS webpage to figure out which one to use.

It is important to understand that, during this part of the process, IFSS cannot be involved since this is a personal application. While the University of Wisconsin petitions for an employee’s eligibility, it cannot actively assist after the I-140 has been approved (with the exception of the Supplement J; see below).

The employee may seek the assistance of an immigration attorney to prepare or review Form I-485.  IFSS can provide a partial list of immigration attorneys upon request, but cannot make recommendations.  The list is not all-inclusive. Employees are not required to use an attorney on the list, or any attorney at all.

Filing Fees for this step can be found at USCIS.

REMEMBER: The University of Wisconsin cannot pay for any fees, whether it is lawyer or USCIS filing fees, associated with the I-485 application.

I-485 and Supplement J

This is an attestation by the employer that the employee is working in the job offered to them in the Form I-140. The employee should contact IFSS when preparing the I-485 for submission to request this form if the Supplement J was not provided with the I-140 approval.