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Immigration Attorneys Assisting with Outstanding Researcher Petitions

As it does for the extraordinary ability qualification, USCIS lists criteria that an individual must meet in order to qualify as an outstanding researcher. When it comes to filing your EB-1 application, you want to make sure that you are putting yourself in the best position possible. The immigration attorneys at Hammond Law Group understand every aspect of the filing process and can help you put your best foot forward in your application. We know what kinds of evidence to collect, understand what constitutes "proof of international recognition," and can provide you with legal representation that makes you feel valued and respected.

Any United States employer desiring and intending to employ a professor or researcher who is outstanding in an academic field under section 203(b)(1)(B) of the Act may file an I-140 visa petition for such classification.

As used in this section: Academic field means a body of specialized knowledge offered for study at an accredited United States university or institution of higher education. Permanent, in reference to a research position, means either tenured, tenure-track, or for a term of indefinite or unlimited duration, and in which the employee will ordinarily have an expectation of continued employment unless there is good cause for termination.

Initial Evidence: A petition for an outstanding professor or researcher must be accompanied by:

  • (i) Evidence that the professor or researcher is recognized internationally as outstanding in the academic field specified in the petition. Such evidence shall consist of at least two of the following:
  • (A) Documentation of the alien’s receipt of major prizes or awards for outstanding achievement in the academic field;
  • (B) Documentation of the alien’s membership in associations in the academic field which require academic achievements of their members;
  • (C) Published material in professional publications written by others about the alien’s work in the academic field. Such material shall include the title, date, and author of the material, and any necessary translation;
  • (D) Evidence of the alien’s participation, either individually or on a panel, as the judge of the work of others in the same or an allied academic field;
  • (E) Evidence of the alien’s original scientific or scholarly research contributions to the academic field; or
  • (F) Evidence of the alien’s authority of scholarly books or articles (in scholarly journals with international circulation) in the academic field.
  • (ii) Evidence that the alien has at least three years of experience in teaching and/or research in the academic field. Evidence in teaching or research while working on an advanced degree will only be acceptable if the alien has acquired the degree, and if the teaching duties were such that he or she had full responsibility for the class taught or if the research conducted toward the degree had been recognized within the academic field as outstanding. Evidence of teaching and/or research experience shall be in the form of letter(s) from current or former employer(s) and shall include the name, address, and title of the writer, and a specific description of the duties performed by the alien; and
  • (iii) An offer of employment from a prospective United States employer. A labor certification is not required for this classification. The offer of employment shall be in the form of a letter from:
  • (A) A United States university or institution of higher learning offering the alien a tenured or tenure-track teaching position in the alien’s academic field;
  • (B) A United States university or institution of higher learning offering the alien a permanent research position in the alien’s academic field; or
  • (C) A department, division, or institute of a private employer offering the alien a permanent research position in the alien’s academic field. The department, division, or institute must demonstrate that it employs at least three persons full-time in research positions, and that it has achieved documented accomplishments in an academic field.

Our team has the skill and know-how to help you prove that you meet these criteria. Our advice and direction can put you in an ideal position to obtain a favorable decision.

If you are seeking employment-based immigration, please give our immigration attorneys a call at (503) 966-5530 or email us at myeb1visa@hammondlawgroup.com. We value your time and will provide a prompt reply.

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