Outstanding Professor/Researcher track (EB-1b)

Not all positions at UVA are available for green card sponsorship. Please contact Human Resources Compliance and Immigration Services (HRCIS) to determine green card options.

To qualify for EB-1b status, individuals must have

  • at least three years of teaching or research experience in an academic area
  • a permanent position (a tenured or tenure-track position)
  • evidence of international recognition as outstanding in their academic field (at least two of the following)
    • received major prizes or awards for outstanding achievements
    • membership in associations in the field which require outstanding achievements of their members
    • participation on a panel, or individually, as the judge of the work of others
    • published material in professional publications written by others about the individual’s work
    • authorship of scholarly books or articles, in scholarly journals with international circulation
    • original scientific or scholarly research contributions to the field

EB-1b applications require the following documents

  • copy of PhD diploma (original not required)
    • if diploma is in a language other than English or Latin, it must be accompanied with a certified translation
  • supporting letters from other recognized leaders in the field or previous employers attesting to the applicant’s qualifications listed above (contact HRCIS for guidance in drafting letters)
  • supporting letter from department chair or host professor confirming permanent employment and summarizing the applicant’s qualifications (contact HRCIS)
  • statement from department chair or hiring authority confirming permanent employment (contact HRCIS for sample letter)
  • complete list and evidence of publications (submit just the first page of the article showing title, authorship, journal name, and date)
  • curriculum vitae
  • additional evidentiary materials from EB-1b criteria
  • payment for immigration filing fee(s) and HRCIS fees (paid for by sponsoring department)

Certification Application: University Faculty Member

  • Universities are permitted to use a unique labor certification process (different from the standard) to obtain permanent residence for foreign nationals employed in teaching positions
  • The process requires the University to demonstrate that the decision to hire the foreign national resulted from a full and fair departmental recruitment process in which the foreign national was found to be more qualified than any of the U.S. workers (U.S. citizens or permanent residents) who applied

Eligibility and Requirements

To be eligible for this type of petition, the following conditions must be met:

  • position is permanent and full-time, and its duties involve some classroom teaching
  • application is filed within 18 months of the date of selection (date of the offer letter)
  • hiring department has conducted a competitive recruitment and selection process (i.e. national search), and documentation clearly shows that the foreign national is more qualified than any of the U.S. applicants
  • at least one print national advertisement had appeared in a professional journal
  • salary meets the requirement of prevailing wage determination by Virginia Employment Commission – Alien Certification Unit or other approved labor certification source from the U.S. Department of Labor
  • hiring department notifies current employees of the filing by posting Notice of Job Availability in conspicuous places where the employer’s U.S. workers can readily read the posted notice
  • posting notice is provided between 30 and 180 days before filing the application and remains posted for at least 10 consecutive business days
  • hiring department documents additional recruitment steps, such as email announcements sent to other institutions or relevant organizations, posting on the department website or any website, recruitment at a conference, etc.

Documentation and Evidence

The hiring department must prepare and submit the following documentation (two copies) to HRCIS:

  • recruitment report letter containing

    • statement that the letter is connected with a labor certification application for a faculty teaching position
    • statement of the job title, salary, and a brief description of the duties of the position
    • summary of the recruitment efforts, noting the advertisements placed, other institutions contacted, etc.
    • total number of applicants for the job opportunity
    • number of applicants interviewed, with brief note of why other applicants were not interviewed
    • detailed statement of why the foreign national hired was found to be more qualified than any of the U.S. workers
    • in cases where selection committee minutes or reports exist, these can be referred to and attached to the report
    • this statement should include mention of the education and professional experience of the foreign national hired
  • two copies of Notice of Job Availability posted on the department bulletin board or other appropriate UVA sites

    • position description must include description of job duties, minimum requirements for job, and who to contact if interested
    • write across the bottom of the notice, “This notice was posted in an unobstructed public place from date X to date Y”
    • job announcement must be posted a minimum of 10 consecutive business days (does not have to be while recruitment was conducted) and between 30 and 180 days prior to the filing of the labor certification
    • sign and date the position announcement
  • two copies of the PRINT advertisement placed in a national journal that state the job title, duties, and requirements, and the name and the date(s) of advertisement’s publication

  • evidence of all other recruitment resources used (i.e. if position announcement was sent to other colleges and universities, submit three copies of the mailing list and the cover letter)

Permanent 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.