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Practice Note
Employer is the Petitioner for Outstanding Professors and Researchers


      Frequently our office was asked of this question: If I am qualified to apply for the classification of Outstanding Professor and Researcher under EB-1 category, should I file the application under my own name, or do I need to have the employer sponsor the application?

      The reason for this confusion is that a lot of readers have the wrong impression that all EB-1 petitions are filed by the individual applicants. This certainly is, as I said, a wrong impression. As a matter of fact, of the three subcategories under EB-1, i.e. alien of extraordinary ability, outstanding professor and researcher, and intra-company transferal of manager, only the application for alien of extraordinary ability is filed by the individual applicant. The rest two categories both require the employers signature and sponsorship for the application.

      The reason, partially, is easy to understand. To be qualified for this category, the applicant must prove that the offer is for a tenure track teaching or comparable research position (meaning of unlimited duration) at an institution of higher education or private institution of demonstrated research accomplishments in the field that employs at least 3 full time researchers. Therefore, it is the employers application to classify the alien under this subcategory, not an individuals petition to classify self under this category.

      It is also important to note that other than proving achievement and academic credential of the beneficiary researcher, the application must prove that the individual have at least three years of experience in teaching or research. If qualify, graduate or post doctoral work can be counted into the required experience. Needless to say, the experience has to be in the beneficiarys research field.

      For detail about the application for outstanding professor and researcher, you can visit that section of our website, or if you have any question, please feel free to contact Lin & Valdez.

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