If a U.S. company hires me as a researcher but is not an academic institution, does the EB-1B apply?

Generally, no. The EB-1B is designed for outstanding professors and researchers, and its researcher pathway requires a job offer from a recognized academic or research institution, such as universities and research centers. The type of employer is part of the criterion.

When the hiring party is a company that operates outside the academic and research environment, the position typically does not fit the profile the EB-1B requires. This is not a reflection of your merit as a researcher, but rather of the employer type that this category demands.

If that is your situation, it may be worth exploring other pathways. The EB-1A, for example, focuses on the individual’s extraordinary ability and allows for self-petition, without depending on a specific employer. There are also other categories within the immigration system that may be a better fit for your profile.

Since each case is evaluated individually, it is advisable to verify updated requirements at the official source (USCIS) and assess the best strategy with a specialist before making a decision.

About the author

Victoria Harper

Editor-in-Chief

Meet the author

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.