Frequently Asked Questions about
Outstanding Researcher
or Professor
Individuals may not file an Outstanding Researcher or Professor
petition on their own behalf. The job offer must be from an
employer meeting the following requirements:
- 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;
- A United States university or institution of higher learning
offering the alien a permanent research position in the alien's
academic field; or
- 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.
An outstanding researcher petition is required to include 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:
- Documentation of the alien's receipt of major prizes or awards
for outstanding achievement in the academic field;
- Documentation of the alien's membership in associations in the
academic field which require outstanding achievements of their
members;
- 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;
- 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;
- Evidence of the alien's original scientific or scholarly
research contributions to the academic field; or
- Evidence of the alien's authorship of scholarly books or
articles (in scholarly journals with international circulation) in
the academic field.
The materials should also include evidence that you have at least
three years of experience in teaching and/or research in the academic
field.
No. This category is specific to the employer. If you change
jobs before you receive your green card, you lose your eligibility.
If a beneficiary is qualified, then the probability of success
depends largely on the way the case is presented. If the evidence is
relevant and well presented, and the argument is made persuasively, then
the case should generally be approved.
The three most common mistakes made by petitioners are: (1) excessive
supporting documents; (2) poorly drafted expert opinion letters; and,
(3) poorly argued presentations.
Most petitioners confuse quantity with quality. As a result, they
substitute hundreds of pages of supporting documents for a few well
crafted supporting exhibits. Immigration examiners have a limited
amount of time to review each petition. If they run out of time while
going through an excessively lengthy petition, they will not take time
away from other petitions. Rather, they will just stop and make a
decision based on what they have seen up to that point.
Expert opinion letters must establish three things. First, they
must establish that the person writing the letter is a genuine expert.
Second, the letter must clearly explain how the letter writer came to
know the factual information stated in the letter. Third, the expert
must offer an opinion that is relevant to the matter being considered.
Most letters that are offered are deficient in all three of these areas.
A well argued case explains the attached exhibits and relates the
facts to the specific legal requirements articulated in the statute,
regulations, legislative history, immigration policy memos, and prior
cases. In the end, the argument makes it clear that the petitioner
has put forward a conclusive case for approval.
National Interest Waivers