1. The Employment Offer and the Definition of Permanent Position

Unlike the requirement for the EB1 Alien of Extraordinary Ability Petition, that the alien must have garnered sustained national or international acclaim in the field of endeavor, the evidence that should be provided in support of EB1 Outstanding Researcher or Professor petition must demonstrate that the alien is recognized internationally as outstanding in the academic field specified in the petition. 

In addition, the petition must be accompanied by an offer of permanent, tenured, or tenure-track employment (in the case of research positions, the offer must be for a "permanent" research position) from a qualifying prospective employer, and evidence that the alien has had at least three years of experience in teaching or research in the academic field in which the alien will be engaged.

Although a Labor Certification is not required for the EB1 Outstanding Researcher or Professor classification, the law requires that the petitioner provide an offer of employment as initial evidence in support of a first preference petition filed on behalf of an outstanding professor or researcher. The offer of employment may be in the form of a letter from the petitioning employer, stating that the employment is a tenured or tenure-track teaching position or a “permanent” research position in the alien’s academic field. 

The word “permanent”, in reference to a research position, is defined as “either tenured, tenure-track, or for an indefinite or unlimited duration, and in which the employee will ordinarily have an expectation of continued employment unless there is good cause for termination.” Many research positions may be permanent, but not be tenure-track, such a position may still qualify for EB1 Outstanding Researcher or Professor  classification.

2. The Employer is the Petitioner for the EB1 Outstanding Researcher or Professor Classification

An U.S. employer can apply directly for the Form I-140 without worrying about the recruitment that took place for the alien employee’s position. The employer should provide an appointment letter stating the title, salary, and term of appointment. The employer should also include the following information in a petition cover letter:

1) The position is tenured/tenure track or permanent research position;

2) The qualifications of the author of the letter;

3) The experience of the sponsored alien employee

4) The qualifications of the sponsored employee, such as what is the research, and what impact has the research already had and will have to the field;

The alien employee should provide evidence for his/her outstanding ability. Such evidence shall consist of at least two of the six criteria defined by USCIS. 

For the published paper, the USCIS acknowledged that the beneficiary does not have to be the first author on an article to claim credit for it. But sometimes, the USCIS Service Centers do send Request For Evidence (RFE) letter asking for proof that the beneficiary is a key independent researcher in a group project. Therefore, petitioners should clearly document the role of the alien beneficiary in a research team, especially if the beneficiary is not first author on any articles that result from the work.

3. The Letters of Recommendation and Petition Cover Letter

Be sure to include letters from experts in the field who have not collaborated directly with the alien beneficiary. However, it undermines the claim to an international reputation when the peer reference did not previously know the beneficiary, but is writing the letter simply after reviewing his or her resume and publications. Therefore, a combination of letters from collaborators and mentors who describe the beneficiary’s reputation in the field, along with a few other letters from independent references who know the beneficiary’s work via their conference presentations or publications, is the best recipe for success.

It is suggested that reference letters should note the impact of an article in subjective terms where appropriate. Any specific details, such as the article sparking discussion at a particular meeting, should also be included. The petitioner should encourage letter writers to take a bit of extra time to come up with details like this if possible. The reference letters should be used properly, as a piece of supporting evidence. 

Also, an EB1 Outstanding Researcher or Professor petition should include a petition cover letter, which should be used as a summary letter discussing the following items: describes the alien's work and how it affects the field, it’s potential for broader applications; explains the alien's current work and its future applications, both academically and in the private sector; describes how the alien is essential or intimately connected to the work, the effects of this work on the U.S. and its people.

The petitioner should present the alien's accomplishments and qualifications in general terms. This is especially important in the recommendation letters and in the petition cover letter. A clear and easy to read cover letter should make the petition more easily navigable for someone who is not familiar with the material. Because not all USCIS examiners are college educated, and none are likely to be experts in an alien applicant's specialized field. Additionally, USCIS examiners have a very limited amount of time to read all the materials in each petition.

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