“Outstanding” in the EB1 petition context requires demonstration of sustained international recognition in the academic field in his or her field of endeavor.
Permanent Offer of Employment Required
Unlike the EB-1, extraordinary ability individual who may self-petition, the Outstanding Researcher or Professor must be sponsored by an employer, who is also an accredited U.S. university or institution of higher learning. Although a labor certification is not required, the employer must demonstrate that it intends to offer:
-A tenured or tenure-track teaching or research position; or
-A permanent employment, meaning the employee has an expectation of continued employment.
Alternatively, the Outstanding Researcher or Professor may be sponsored by a private employer who has at least three full time researchers in its employ and intends to offer a comparable research position.
Evidence of sustained international recognition
The applicant’s achievement of international recognition as an outstanding professor or researcher may be demonstrated with the following evidence:
-Receipt of major prizes or awards for outstanding achievement
-Membership in associations that require their members to demonstrate outstanding achievement
-Published material in professional publications written by others about the alien’s work in the academic field
-Participation, either on a panel or individually, as a judge of the work of others in the same or allied academic field
-Original scientific or scholarly research contributions in the field
-Authorship of scholarly books or articles (in scholarly journals with international circulation) in the field
How Paruthipattu Law Firm Can Help You
Much like the EB-1 extraordinary ability individual petition, the I-140 Immigrant Visa petition by an employer for an Outstanding Researcher or Professor must be well documented with evidence that meets rigorous analysis and Kazarian standards. Additionally, for a positive outcome, the petition must be carefully prepared in anticipation of any potential USCIS RFE and be prepared to address the significance and the relative weight and merits of the EB1 applicant’s accomplishments. Skilled analysis and judgment is required to not only determine how but also whether the evidence stacks up against the strict regulatory criteria and USCIS scrutiny.
Paruthipattu Law Firm invites you to contact the office for additional guidance.