For the EB-1B, does the employer need to maintain a minimum full-time research staff? Is it the law?

The short answer: it is not a separate “law,” but rather a regulatory requirement that USCIS applies when evaluating the employer in EB-1B petitions. The point is not to memorize a number, but to understand the logic behind the requirement.

The EB-1B is the pathway for outstanding professors and researchers, and it distinguishes between two types of employers:

• Universities and institutions of higher education, which are treated differently and are not required to demonstrate this type of minimum staffing structure.
• Private research employers, who must demonstrate that they maintain a real and well-established research environment, which involves documenting a full-time research staff and a track record of achievements in the field.

In other words, the requirement exists to show that the organization is, in fact, a qualified research institution with the infrastructure to support the candidate’s work. It is part of the overall eligibility requirements, not an isolated statute.

Since the exact parameters may change and are evaluated on a case-by-case basis, the safest approach is to confirm the current requirements with the official source (USCIS) and review the employer’s eligibility with a specialist before filing.

About the author

Victoria Harper

Editor-in-Chief

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As a journalist and lead editor at Visto n’ Visa, Victoria helps ensure that immigration topics are covered in a clear, trustworthy, and easy-to-understand way. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.