In the first preference category of employment-based petition filed on behalf of outstanding professor or researcher (EB-1B). The offer of employment can be in the form of a letter from the prospective U.S. employer to the beneficiary professor or researcher. The offer must state that the employer is offering the beneficiary employment in a tenured or tenure-track teaching position or a permanent research position in the beneficiary’s academic field.
The US Citizen and Immigration Services (USCIS) in a EB-1B case must determine whether the petitioner U.S. employer falls within the definition of U.S. immigration law.
The immigration law requires that the beneficiary of an EB-1B petition must be seeking a position with a university, institution of higher education or a department, division, or institute of a private employer if the department, division, or institute employs at least 3 persons full-time in research activities and has achieved documented accomplishments in an academic field.
In general, government agencies at the federal, state, or local level will not fit within the definition of the immigration law unless the government agency is shown to be a U.S. university or an institution of higher learning. The reason is that government agencies do not qualify as "private" employers. If the offer of permanent employment is from a government agency, the case is approvable only if that agency can establish that it is a U.S. university or an institution of higher learning because it can not be a private employer.
If the government agency is not a U.S. university or an institution of higher learning, it is still possible to sponsor the benefiiciary under the category of alien of extraodinary ability (EB-1A) if all the requirements in that category is met.
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Government Sponsored Professors and Researchers Green Card Petitions
In the first preference category of employment-based petition filed on behalf of outstanding professor or researcher (EB-1B). The offer of employment can be in the form of a letter from the prospective U.S. employer to the beneficiary professor or researcher. The offer must state that the employer is offering the beneficiary employment in a tenured or tenure-track teaching position or a permanent research position in the beneficiary’s academic field.
The US Citizen and Immigration Services (USCIS) in a EB-1B case must determine whether the petitioner U.S. employer falls within the definition of U.S. immigration law.
The immigration law requires that the beneficiary of an EB-1B petition must be seeking a position with a university, institution of higher education or a department, division, or institute of a private employer if the department, division, or institute employs at least 3 persons full-time in research activities and has achieved documented accomplishments in an academic field.
In general, government agencies at the federal, state, or local level will not fit within the definition of the immigration law unless the government agency is shown to be a U.S. university or an institution of higher learning. The reason is that government agencies do not qualify as "private" employers. If the offer of permanent employment is from a government agency, the case is approvable only if that agency can establish that it is a U.S. university or an institution of higher learning because it can not be a private employer.
If the government agency is not a U.S. university or an institution of higher learning, it is still possible to sponsor the benefiiciary under the category of alien of extraodinary ability (EB-1A) if all the requirements in that category is met.