If an American company hires me as a researcher, but it is not an academic institution, does EB-1B apply?

It is important to understand that the EB-1B category is intended for professors and researchers with outstanding performance in their fields.

Traditionally, to qualify as a researcher under EB-1B, the candidate must have a job offer from a recognized academic or research institution, such as universities, research centers, or similar organizations. In cases where the American company hiring you operates outside the academic environment, this employment usually does not meet the EB-1B requirements, as the program requires the employer to be an institution recognized for its commitment to academic research and development.

Private companies that do not have this history or the typical structure of an educational or research institution are unlikely to meet the criteria for this visa. If you are working as a researcher in a non-academic company, it may be worthwhile to consider other visa categories, such as EB-1A, which is aimed at those who demonstrate extraordinary ability in their field and allows for self-petitioning, or explore other options offered by the United States immigration system.

In any situation, it is essential to comply with the country’s immigration laws and seek information from reliable sources. Finally, it is always advisable to consult well-informed experts in the field of immigration. This way, besides ensuring that all legal requirements are met, you will avoid traps, scams, and miracle promises often promoted by marketing campaigns offering guaranteed results. This caution is essential to make safe and well-founded decisions about your 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.