EB-1 Application Process

EB-1 - PERMANENT RESIDENCY APPLICATION PROCESSING STEPS

Requirements of an EB-1 Applicant:

  • Must be internationally recognized as outstanding in a specific academic field.
  • Must have a minimum of three years of experience in teaching and/or research in that field. Experience in teaching or research while pursuing an advanced degree can only count towards the three years if the person has obtained the degree, and the teaching duties were such that he or she had full responsibility for the class taught, or the research conducted toward the degree had been recognized as outstanding. 
  • Must hold a tenured or tenure-track teaching or comparable research position at the University.


Step One – Department Initiates Support

The department must first initiate its support for permanent residency by filing a letter of support with the Slutzker Center. Afterwards, a meeting between the Slutzker Center, the international employee, and the department will be set.

During this meeting, the Slutzker Center will look at all options for filing the Permanent Residency. The Slutzker Center must decide whether labor certification is required or if the Permanent Residency application can be filed in the Outstanding Professor/Researcher category which is exempt from labor certification. Besides establishing which type of filing of Permanent Residency will be done, the meeting is important to go over the requirements and necessary documentation with both the department and the international applicant.

Step Two - Submitting Evidence

Once it is determined that the employee qualifies to file in the EB-1 category, the faculty member must collect the following documentation in support of your petition and submit it to the Slutzker Center. Once you have collected all of the materials, please contact the Slutzker Center to schedule an appointment to review your materials.

  • Brief description, in layperson’s terms, of your teaching and research and how it fits into the broader academic field. Please summarize your major accomplishments and the ways in which you could be considered as outstanding in your field.
  • Evidence of at least two, preferably three, of the following criteria establishing that you are “internationally recognized” as outstanding in the field:
  • Receipt of major, nationally or internationally recognized prizes or awards for outstanding achievement in the academic field;
    Examples:
    • Copies of award letters or certificates;
    • Clear photographs of plaques or trophies;
    • News articles or press releases announcing your receipt of an award;
    • Print-outs of web sites that list your name as an award recipient.
  • Membership in associations in the academic field which require outstanding achievements of their members (you must demonstrate that the association requires outstanding achievement for membership);
    Examples:
    • A letter of invitation or a letter/certificate confirming your membership and the requirements for membership;
    • Other proof of the criteria for inclusion in the professional association.
    • If you are a member of an association that is open to anyone in your discipline who pays a fee, but your have been invited or elected to serve in a leadership role, provide evidence of your position and how you were selected, such as an invitation or appointment letter.
  • Published material in professional publications written by others about the alien’s work in the academic field;
    Examples:
    • Citations in journal articles, books, or major media coverage in newspaper or magazine articles;
    • Evidence from on-line citation indexes is sufficient as long as the evidence clearly shows who cited you, and in what publication.
    • Also recommended; several samples of actual citations. For example, if you have 50 citations, select 8-10, and copy the article title page, the page(s) where your work is cited, and the references/bibliography page. Please do not provide a copy of the entire article.
  • Participation—on a panel or individually—as the judge of the work of others in the same or an allied academic field;
    Examples:
    • Copies of requests from editors who asked that you review an article for a scholarly journal, or letters confirming participation as a reviewer;
    • Copies of letters or emails thanking you for serving as a reviewer
    • Copies of conference publications indicating your participation an organizer or reviewer;
    • Copies of documents that indicate committee assignments for professional associations in the field;
    • Copies of documents proving that you have acted as a reviewer for grant proposals (i.e. USDA, NSF);
    • Any other evidence that indicates that other people in the field are seeking your opinion.
  • Original scientific or scholarly research contributions to the academic field;
    Examples:
    • Patents or patents pending;
    • Computer programs;
    • Copies of media articles referring to your research;
    • Any other evidence of your original scientific or scholarly research contributions.
  • Authorship of scholarly books or articles, in scholarly journals with international circulation, in the academic field.
    Examples:
    • Copy of the first page of each published article, book chapter, or book. Please also include a copy of the cover page and/or title page of the journal article or book
  • Letters of recommendation from recognized “experts in the field” (5-7 letters total, including one from the department chair or dean). Please attach each recommender’s CV.
  • Evidence you have at least 3 years of experience in teaching and/or research in the academic field
    Examples:
    • Your CV will suffice, if you received your doctorate more than three years ago and you have taught or conducted research since then;
    • If you received your doctorate less than three years ago, you must provide evidence that you held full responsibility for courses you taught as a graduate student and/or that your dissertation research is considered by others in the field as outstanding. Evidence of full course responsibility might include a letter from your Ph.D.-granting institution (dean, department chair, or dissertation advisor) confirming that you had full responsibility for teaching, the names of the courses, and the time period in which you taught them. Evidence that your research was considered outstanding might include comments from your recommenders, national or international dissertation awards, or peer-reviewed articles based on your dissertation research published before you graduated and/or citations to your research findings.
  • Copies of your CV, diploma, and any other relevant credentials. Please submit an electronic copy of your CV, if possible. It should include a list of publications, invited talks, conference presentations, grants, journals and panels for which you have served as a reviewer.

Assembling your documents:

  • Please separate each set of documents with a piece of color paper. A table of contents is not necessary.
  • Please secure your materials with a rubber band or jumbo clip. Please do not place in a binder or use tab dividers.


Step Three – Slutzker Center Prepares I-140

Once the faculty member and department provides the documentation listed in Step Two, the Slutzker Center compiles and files the I-140 form with U.S. Citizenship and Immigration Services (USCIS). The I-140 is Syracuse University’s sponsorship of an international employee for Permanent Residency.

Prior to filing the I-140 the Slutzker Center will contact the department for the following:

  • Letter of recommendation from department chair.
  • Letter indicating the University’s intent to employ the beneficiary in a tenured or tenure-track position as a teacher or in a permanent position as a researcher in the academic field (Appointment Letter).
  • Check for $580 USCIS petition fee (Slutzker Center will work with department to request check). Premium processing is also available, for a fee of $1225, payable by the department or the international employee.


Prior to filing the I-140 the Slutzker Center will contact the international employee for the following:

  • biographical information,
  • immigration documents,
  • proof of qualifications (diploma, CV, licenses), and
  • family information (if applicable) required for the I-140 petition.

The Slutzker Center for International Services uses the LawLogix service https://ww4.welcomeclient.com/ to securely collect personal biographical data, immigration and employment history information, and scans of supporting documents from all PR applicants. Once we reach the stage of preparing the I-140, the Slutzker Center will contact the employee with login information and access to the LawLogix website.

Additionally, international applicants who are filing in the EB-2 Aliens of Exceptional Ability in the Sciences, Arts, or Business category must submit significant evidence of their qualifications.

Application documents submitted to USCIS:

  • I-140 form;
  • $580 fee (and $1225, if using premium processing);
  • Evidence that the faculty member is internationally recognized as outstanding (including recommendation letters), has at least 3 years of experience in teaching and/or research in the academic field, and has the required credentials (diploma);
  • Department’s appointment letter;


Step Four – International Applicant Files for Adjustment of Status

The international applicant must file form I-485 (Adjustment to Permanent Resident Status) and accompanying documentation with USCIS for yourself and any dependents you wish to include on your petition. The Slutzker Center will provide you some information the I-485 application process. All forms are available for download, free of charge, from the USCIS web site: www.uscis.gov.

PLEASE NOTE: Concurrent filing of the I-140 and the I-485 is allowed if visa numbers are available. As a courtesy, the Slutzker Center will attach your I-485 to the University’s I-140 petition; however, we cannot provide legal advice on the completion of the form and its supporting documentation.