Permanent Residence Based Upon an Outstanding Professor or Researcher Petition
Q: Which situations are appropriate for an Outstanding Professor or Researcher Petition?
A: Unlike the Extraordinary Ability category, a job offer from a prospective employer is required for this type of petition. There are three possible types of employment situation which are appropriate for an Outstanding Professor or Researcher petition. These are:
- A tenure-track teaching position;
- A similar research position if at a University or institution of higher education ("similar" here can mean tenured, tenure-track, or an offer of unlimited duration where - absent cause for termination - the foreign national can expect ongoing employment); or
- A similar research position with a private employer, if the employer has an established research department, division or institution which has already achieved documented success in the academic field.
Q: Are there any requirements which the foreign national must meet to be eligible for an Outstanding Professor or Researcher Petition?
A: The foreign national must be recognized internationally as outstanding in a specific academic area. Further, the foreign national must have at least three years of experience in teaching or research in the academic area (this can include research or teaching performed while working on an academic degree, if recognized as outstanding).
While there is no specific degree requirement written into the law, as a practical matter it is virtually impossible to meet the requirements for this category without an advanced degree.
Q: How can it be demonstrated that the job and the foreign national meet the requirements of the Outstanding Professor or Researcher category?
A: The job itself must be described in a letter from the employer in such a way that it is clear that the position meets one of the three types of qualifying positions described above.
To demonstrate that the foreign national has attained the required level of international recognition as outstanding in the academic field, it needs to be demonstrated that at least two of six possible "tests" are met (here, there is some overlap with the Extraordinary Ability category):
- Receipt of major prizes or awards for outstanding achievement;
- Membership in association which require outstanding achievements as a prerequisite to membership;
- Published material in professional publications about the foreign national's work;
- Published books or articles by the foreign national about his or her work in the academic field;
- Evidence of original scientific research; or
- Evidence of the foreign national's participation as a judge of the work of others (such as peer review for journals or academic competitions).
Testimonial letters can be used to demonstrate that the foreign national possesses the required three years of experience (if from prior employers), as well as the international recognition of the foreign national as outstanding in the academic field and perhaps compliance with two of the possible "tests" listed above.
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The above is presented for informational purposes only, and does not constitute legal advice or create an attorney-client relationship with our firm. The information provided should not be used as guidance in pursuing an immigration matter absent consultation with a qualified immigration attorney.