For EB-1B, does the company need to have at least 3 full-time researchers? Is it law?

The EB-1B visa is an option for outstanding professors and researchers who wish to work in the United States, and details of the process can raise many questions, especially regarding the requirements for the employer. A common question is whether, for EB-1B, the company needs to have at least three full-time researchers – and often there is doubt: is this a law?

Initially, it is important to clarify that the EB-1B requirements, including the standard of having three full-time researchers, are part of the guidelines established by the U.S. Citizenship and Immigration Services (USCIS) and apply specifically when the employer is not a duly recognized educational institution or university. In general, universities and higher education institutions are treated differently and do not need to comply with this standard, while private research institutions need to demonstrate that they have parameters proving their capacity to maintain a robust research environment – often, this involves the presence of at least three full-time researchers.

However, it is fundamental to understand that this requirement does not derive from a ‘statute’ or separate law, but rather from regulations that USCIS uses to identify whether the employing organization fits the definition of a qualified research institution. In other words, this criterion serves to support that the work environment is sufficiently dedicated to research and development, something considered essential for a profile that qualifies for the EB-1B.

Thus, for employers that are not traditional academic institutions, it is crucial to meet this requirement in order to demonstrate the seriousness and robust structure of the research developed. When preparing an EB-1B petition, it is recommended to strictly follow U.S. immigration laws and guidelines, seeking thorough analysis of the applicable criteria. I emphasize the importance of consulting specialized sources and professionals – always being alert to scams or marketing campaigns that promise results without providing the necessary technical support – since a correct and complete understanding of the requirements can avoid future complications.

In summary, the standard of having at least three full-time researchers is a regulatory requirement, not an isolated ‘law’, and must be interpreted within the overall context of eligibility requirements for the EB-1B visa. Staying aligned with USCIS regulations and seeking information from reliable sources are essential steps to ensure a successful immigration process.

Victoria Harper

Editor-in-Chief

Meet the author

Leading journalism and editorial content at Visto n’ Visa, Victoria helps make immigration topics clear, trustworthy, and easy to understand. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.