EB-1B Outstanding Researcher Green Card Approval — Clearing the Kazarian Two-Step Framework at an NJ University

IMMIGRATION LAW · SONG LAW FIRM SUCCESS STORY

Client Profile

• Nationality: Korean, late 30s to early 40s academic (anonymized).
• Education: bachelor's from a top Seoul university, PhD from an Ivy League institution, currently a tenure-track Assistant Professor at an NJ R1 university.
• Research area: materials engineering / nanotechnology.
• Prior visa history: F-1 to OPT to cap-exempt academic H-1B for three years, renewal for another three years planned in parallel with EB-1B.

Case Background

With more than 20 papers in leading international journals and multiple invited talks over the past five years, the client chose EB-1B (Outstanding Researcher/Professor) over EB-2 NIW. The rationale: EB-1B is more likely to remain current on priority dates, and PERM labor certification is not required.

Legal Issues

EB-1B rests on INA §203(b)(1)(B) and 8 CFR §204.5(i). Kazarian v. USCIS, 596 F.3d 1115 (9th Cir. 2010) established the two-step framework:

• Step 1 (Threshold): meet at least two of six regulatory criteria (three or more is stronger).

1) major prize/award, 2) membership in associations, 3) published material about the beneficiary, 4) judging others' work, 5) original contributions, 6) authorship of scholarly articles.

• Step 2 (Final Merits Determination): weigh all evidence to decide whether the beneficiary has "international recognition as outstanding."

Additional requirements:

• International recognition as outstanding in a specific academic area.
• At least three years of teaching or research experience in that area.
• A full-time research position (tenure-track or tenured) offer.

Song Law Firm Strategy

Song Law Firm recognized that Step 1 criteria alone do not guarantee approval; the Step 2 final merits determination often decides the case. The documentation strategy:

• Criterion 5 (original contributions of major significance): three of the client's papers cited 100+ times each in Google Scholar and Web of Science.
• Criterion 6 (scholarly articles): more than 20 publications in journals with impact factor 10+ (Nature Materials, Advanced Materials); eight as first author.
• Criterion 4 (judging): NSF Panel Reviewer plus 15+ peer-review assignments for major journals.
• Criterion 2 (membership): senior or fellow-level membership in the American Physical Society and Materials Research Society.
• Independent expert opinion letters from six leading scholars around the world, each describing the international impact of the client's work.
• Full-time research position: tenure-track appointment letter and tenure review timeline.
• Peer-reviewed grant funding: NIH and NSF PI history for two grants.

Process

• I-140 EB-1B filed (April 2026).
• Premium processing upgrade (May 2026, $2,805) for a 15-day adjudication window.
• Approval (June 2026).
• Concurrent I-485 filed (July 2026). Priority date current.
• Biometrics completed (August 2026).
• Interim EAD/AP issued (September 2026); final GC adjudication pending.

Result

• I-140 EB-1B petition approved.
• Priority date current; concurrent I-485 filed. Final GC decision expected within three to six months.
• Client and dependents secure status. Spouse can work in the US under a derivative EAD.

Lessons

• EB-1B is more demanding than EB-2 NIW but avoids PERM and typically stays current on priority dates.
• The Kazarian two-step framework does not auto-approve based on Step 1 criteria counts. Step 2 requires real "international recognition."
• Independent expert opinion letters from scholars unaffiliated with the applicant are decisive; secure at least five or six.
• The strongest evidence combination is high-impact journal first-author publications plus citation counts.
• The full-time tenure-track appointment letter must be current at the time of filing; a bare offer may be insufficient in some cases.
• NJ and NY host R1 institutions such as Rutgers, Princeton, Columbia, and NYU, generating steady EB-1B demand. Song Law Firm has extensive academic immigration experience.