Outstanding Professors and Researchers
This category requires international recognition as being outstanding in a specific field and three years’ experience teaching or research in the academic area for people entering tenure track, or comparable teaching or research positions in a university or an ‘institution of higher education’ within a department, division or institute of a private employer, but the private employer must have at least three additional persons involved in full-time research activities, and have achieved ‘documented accomplishments’ in an academic field.
- At least three years teaching or research in the field. The teaching or research experience can be gained while in pursuit of an advanced degree, but only if the alien had full responsibility for the courses taught, or the research is recognized as outstanding.
- Unlike aliens in the extraordinary ability subcategory, aliens in the outstanding professor or researcher subcategory must have a job offer. However, as with all first preference employment petitions, no labor certification is required.
International Recognition as Outstanding
An alien demonstrates that his/her work has been recognized as outstanding in the international arena by presenting evidence similar to that required to show extraordinary ability. Two of the following types of evidence are required:
- Receipt of a major international prize or award for outstanding achievement in the academic field,
- Membership in associations that require outstanding achievements of their members,
- Material in professional publications written by others about the alien’s work,
- Participation as a judge of the work of others in the field,
- Original contributions in the field, or
- Authorship of scholarly books or articles in journals with international circulation.
Qualifying Employment Offer
Along with the petition, the potential employer must submit a letter outlining the employment offer. The letter must include the basic terms of employment, including the salary offered. More difficult is describing the position. If the position offered is a tenured position, or a tenure-track position, then it is simple. However, few research positions are tenured. Qualifying research positions, therefore, can include positions that do not have a fixed duration but are the sort of position in which the alien can expect permanent employment.
Private employers face additional requirements. The employer must show that they employ three full-time researchers and that research conducted by the employer has resulted in documented accomplishments. CIS rules provide no information on how a private employer can document research accomplishments. The best evidence possible should be submitted, which would include any patents issued to researchers at the institution, and articles published by employees.
The EB-1 is a good option for those applicants who do not wish to wait for labor certification(PERM). Only the “alien of extraordinary ability may sponsor his or her self. If applying as an “outstanding researcher”, there MUST be a qualifying job offer for a PERMANENT position. Thus, in an “outstanding researcher petition” your application is tied to your job AND your employer. This is unlike the national interest waiver and the alien of extraordinary ability, where applicant sponsors him or herself and is not required to have a job.
Please note that filing EB 1 visa petition is complicated. Prospective client should consult with us to determine his or her chances(email or fax us your resume and you will hear from us in 24 hours about your chance)