|
The evidentiary requirements for this category are as follows:
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. An alien demonstrates that their 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:
Strong evidence includes peer-reviewed publications and participation as a peer-reviewer. One of the strongest types of evidence is the submission of letters from academic peers. Also, the alien must submit letters from past employers documenting at least three years of teaching or research experience. 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. USCIS 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. May Law Group, LLCHenry W. Oliver Building | Suite 908 | 535 Smithfield Street | Pittsburgh, Pennsylvania 15222 |








