EB1 Immigration - EB1杰出教授或研究人员绿卡
2010-06-16
1. EB1 Immigration Category of Outstanding Researcher or Outstanding Professor
The EB1 Outstanding Researcher or Outstanding Professor (EB1B or EB1-OR) immigration category is reserved for those considered outstanding in their specific field and who have obtained international recognition. Only tenured/tenure track professors or permanent researchers may use this category, and an alien applicant must have three years of experience. If a faculty member is selected for a teaching or research position, or if the position is purely research for a researcher in a private company, then this category may be the best immigration option.
Persons qualifying in the EB1 category of Outstanding Researcher or Outstanding Professor are granted a waiver of the Labor Certification requirement for Green Card application, but must have an offer of employment. To qualify, an applicant must be internationally recognized as outstanding in a specific academic area, and have at least three years of experience in teaching or research in their particular area of expertise, and must seek to enter the U.S. for:
EB1杰出教授或研究人员绿卡申请适合有终生职位的教授或永久性研究人员。申请人需要在具体的学术领域有国际性的声望，且至少在相关领域有3年以上教学或研究工作经验，还必须因为以下原因进入美国才符合要求。
• a tenure track position within a university or institution of higher education to teach in his or her area of expertise;
外国申请人需要享有在大学或高等教育机构中自己的专业领域教学的教授终生职位
• a comparable, permanent position within a university or institution of higher education to conduct research in his or her area of expertise;
外国申请人需要享有在大学或高等教育机构中自己的专业领域做研究的有可比性的，永久性职位
• a comparable position to conduct research in his or her area of expertise with a private employer, if that employer hires at least 3 persons full-time in research activities, and has achieved documented accomplishments in an academic field.
外国申请人需要享有私人雇主下在自己的专业领域做研究的有可比性的职位。该雇主至少需要雇佣3位全职研究人员，且自身在学术领域有确凿的成就。
2. The Employment Offer and Evidence of at Least 3 Years of Experience
The EB1 Outstanding Researcher or Outstanding Professor immigration category requires an offer of employment. In addition, a petition for an outstanding researcher or professor must be accompanied by:
EB1杰出教授或研究人员移民必须由美国雇主提出申请，且具备以下条件。
1). Evidence that the alien applicant is recognized internationally as outstanding in his or her field of expertise. 外国申请人需要在自己的专业领域享有国际性声誉的证明。
2). An offer of employment from a U.S. university or institution of higher learning, or a private employer. 外国申请人需要有美国大学或高等教育机构或私人雇主的雇佣信。
3). Evidence of at least 3 years of experience in teaching and/or research in aliens field of expertise. 外国申请人需要在自己的专业领域至少有3年的教学或研究经验的证明。
For a private employer offering a permanent research position, the employer must show that it employs at least 3 full-time persons in research positions, and that it has achieved documented accomplishments in an academic field.
The alien applicant should has at least three years of experience in teaching and/or research in the academic field. Experience in teaching or research while working on an advanced degree will only be acceptable if the individual 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 in the academic field as outstanding.
Evidence of teaching and/or research experience shall be in the form of letter from former or current employer and shall include the name, address, and title of the writer, and a specific description of the duties performed by the person.
3. The Qualification Criteria for EB1 Outstanding Researcher or Professor Petition
EB1杰出教授及研究人员绿卡申请的资格标准
USCIS regulations state that a petition for an outstanding researcher or professor must be accompanied by evidence that the researcher or professor is recognized internationally as outstanding in the academic field. Such evidence shall consist of at least two of the following six criteria:
移民局规定EB1杰出教授及研究人员的绿卡申请必须满足申请人是在学术领域具有国际性声誉的研究人员或教授的要求。也就是说，该研究人员或教授必须满足以下6条标准中至少2条才算符合要求。
1) Documentation of the individual’s receipt of major prizes or awards for outstanding achievement in the academic field; 个人在学术领域获得杰出成就的主要奖项证明。
2) Documentation of the person’s membership in associations in the academic field that require outstanding achievements of their members; 必须在学术领域有杰出成就才能参加的协会成员证明。
3) Published material in professional publications written by others about the person’s work in the academic field. Such material shall include the title, date, and author of the material, and any necessary translation; 其他人在专业发行刊物中所撰写的关于申请人的学术成就的发表材料。这些发表材料需包括标题，日期，作者以及任何必要的翻译。
4) Evidence of the individual’s participation, either individually or on a panel, as the judge of the work of others in the same or an allied academic field; 以个人或集体名义参与的在同行或相关学术领域做评判的证明。
5) Evidence of the person’s original scientific or scholarly research contributions to the academic field; or 申请人在科学或学术研究领域的贡献的原始证明。
6) Evidence of the individual’s authorship of scholarly books or articles (in scholarly journals with international circulation) in the academic field; 申请人发表的学术书籍或（在有国际发行量的学术期刊）上发表的文章的著作权的证明。
4. The Ten Criteria and Their Analyses for EB1-EA Application
The EB1-Extraordinary Ability immigration category is reserved for those at the top of their field who have a record of sustained national or international acclaim. This immigration category is similar to EB1-Outstanding researchers and professors, but does not require a permanent position. For qualified alien applicants, the EB1-EA is an excellent alternative to Labor Certification Green Card application, because it is much faster.
The question, which should I file for: EB1-Extraordinary Ability or National Interest Waiver? is often asked by people. While it easy to understand why there may be confusion over which category one falls into, a quick analysis of the requirements of each should clear things right up.
The distinction between the categories is marked by the use of two terms: Extraordinary Ability (EB1-EA) and Exceptional Ability (EB2 National Interest Waiver). Each of these classifications involve distinctive minimum requirements. To understand which category may be appropriate for an alien applicant, the applicant needs to understand the EB1-EA requirements, and meet at least three (3) of the criteria.
EB1-EA绿卡申请适合在特定领域有杰出成就的外国人士，一般要求申请人享有国家级或国际性声誉。EB1-EA绿卡申请与EB1-杰出教授及研究人员绿卡申请类似，但没有对永久性职位的要求。与繁琐冗长的劳工认证申请相比，EB1-EA绿卡申请简便快捷。外国申请人如果能满足以下10条规定中的至少3条即可提出EB1-EA的绿卡申请。
EB1-EA杰出人才移民规则10条
1) Documentation of the aliens receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor. The receipt of lesser nationally or internationally recognized prizes is not like internationally recognized award such as a Nobel or Pulitzer Prize.
“外国申请人获得次国家级或国际声誉的奖项证明”。这里的次国家级或国际声誉与国际知名的诺贝尔奖或普里策奖不同。
2) Documentation of the aliens membership in associations in the field for which classification is sought, which require outstanding achievements of their members, as judged by recognized national or international experts in their disciplines or fields. Associations that are open to all members of a given profession may be considered, but associations that limit membership to only the most accomplished members of the profession are certainly more valuable.
“外国申请人在特殊领域的协会会员证明，该协会一般要求其会员在该领域有杰出成就，如国家级或具国际声誉的专家”。在特定领域对所有成员开放的协会可以被考虑，但是仅吸收具有杰出成就的会员的协会当然更有价值，值得优先考虑。
3) Published material about the alien in professional or major trade publications or other major media, relating to the aliens work in the field for which classification is sought. Such evidence shall include the title, date, and author of the material, and any necessary translation. The material must concern the person’s work in the field. Publications could range from journals specific to the field to major newspapers.
“关于外国申请人的成就在其专业或主要行业专刊或其他大众媒体上被报导的证明材料。这些证明需包括材料的标题，日期，作者和任何必要的翻译材料”。该证明材料必须与申请人在其专业领域的工作直接相关。发行物的范围包括具体行业领域的专刊和主要报纸刊物。
4) Evidence of the aliens participation, either individually or on a panel, as a judge of the work of others in the same or an allied field of specification for which classification is sought. Participating in the peer review process of a scientific article or acting as a member of a thesis review committee may fulfill this requirement.
“外国申请人以个人或集体形式在同一领域或相关领域做评委的证明”。参与科研文章的同行评比程序或作为论文评论委员会成员符合此类要求。
5) Evidence of the aliens original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the field. This standard is wide open. Basically, the USCIS will base its judgment of the alien’s contribution on the letters of support that others in the field submit.
“外国申请人在科学，学术，艺术，运动或商业领域有杰出贡献的原始证明材料”。这一标准应用广泛。移民局主要通过该领域其他人对该申请人杰出贡献表示支持的信函作为评判的标准。
6) Evidence of the aliens authorship of scholarly articles in the field, in professional or major trade publications or other major media. This refers to articles that the alien wrote concerning his or her work. The publications can range from major trade journals to mass media. Although the regulations refer specifically to articles, other forms of publication such as visual media may fulfill this requirement.
“外国申请人在特殊领域，专业或行业刊物或其他大众媒体上发表的学术文章的著作权证明”。这是指申请人所写的关于其工作的文章。发行物从行业主要期刊到大众媒体皆可。尽管移民局要求特指“文章”，但是其他形式的发表物如视觉媒体也符合要求。
7) Evidence of the display of the aliens work in the field at artistic exhibitions or showcases. The regulations do not mention how prestigious the exhibition must be.
“外国申请人在特殊领域如艺术展览或表演方面的工作成就证明”。但移民局并没要求这些艺术展示的名气要多大。
8) Evidence that the alien has performed in a leading or critical role for organizations or establishments that have a distinguished reputation. This could be performing a critical or leading role for organizations that have a distinguished reputation, or serving as an essential researcher for an important laboratory.
“外国申请人在知名公司或组织有杰出领导能力的证明”。这包括在知名公司承担重要领导职务或在重要实验室起关键作用的研究人员。
9) Evidence that the alien has commanded a high salary or other significantly high remuneration for services, in relation to others in the field. The regulation requires that the alien’s salary or remuneration be high in relation to others in the field, so an post-doctor needs not make as much as a professional engineer.
“外国申请人与同行其他人员相比有超高薪水或福利的证明”。移民局规定申请人的薪水或福利必须比同行高，因此博士后的薪水不会与专业工程师的薪水一样多。
10) Evidence of commercial successes in the performing arts, as shown by box office receipts or record, cassette, compact disk, or video sales. This can be demonstrated by box office receipts from the alien’s films or plays, record sales, or selling a video documentary to a network for a notable sum.
“表演艺术的商业成功证明，如票房收据或纪录，录音带，CD或其他影碟销售”。外国申请人的电影或戏剧的票房收据，有记录的销售，或大量销售影碟纪录片均可作为有效证明。