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Outstanding Professors and Researchers

This category requires international recognition as being outstanding in a specific field and three years' experience teaching or research in the academic area for people entering tenure track, or comparable teaching or research positions in a university or an 'institution of higher education' within a department, division or institute of a private employer, but the private employer must have at least three additional persons involved in full-time research activities, and have achieved 'documented accomplishments' in an academic field. International recognition as outstanding in a specific academic field.

• At least three years teaching or research in the field. The teaching or research experience can be gained while in pursuit of an advanced degree, but only if the alien had full responsibility for the courses taught, or the research is recognized as outstanding.
• Unlike aliens in the extraordinary ability subcategory, aliens in the outstanding professor or researcher subcategory must have a job offer. However, as with all first preference employment petitions, no labor certification is required.

International Recognition as Outstanding

An alien demonstrates that his/her work has been recognized as outstanding in the international arena by presenting evidence similar to that required to show extraordinary ability. Two of the following types of evidence are required:

• Receipt of a major international prize or award for outstanding achievement in the academic field,
• Membership in associations that require outstanding achievements of their members,
• Material in professional publications written by others about the alien's work,
• Participation as a judge of the work of others in the field,
• Original contributions in the field, or
• Authorship of scholarly books or articles in journals with international circulation.

Qualifying Employment Offer

Along with the petition, the potential employer must submit a letter outlining the employment offer. The letter must include the basic terms of employment, including the salary offered. More difficult is describing the position. If the position offered is a tenured position, or a tenure-track position, then it is simple. However, few research positions are tenured. Qualifying research positions, therefore, can include positions that do not have a fixed duration but are the sort of position in which the alien can expect permanent employment.

Private employers face additional requirements. The employer must show that they employ three full-time researchers and that research conducted by the employer has resulted in documented accomplishments. INS rules provide no information on how a private employer can document research accomplishments. The best evidence possible should be submitted, which would include any patents issued to researchers at the institution, and articles published by employees.

The EB-1 is a good option for those applicants who do not wish to wait for labor certification(PERM). Only the "alien of extraordinary ability mat sponsor his or her self. If applying as an "outstanding researcher", there MUST be a qualifying job offer for a PERMSANENT position.. Thus, in an "outstanding researcher petition" you r application is tied to your job AND your employer. This is unlike the national interest waiver and the alien of extraordinary ability , where applicant sponsors him or herself and is not required to have a job.

The EB-1 alien of extraordinary ability or outstanding researcher is a great way to `avoid the arduous PERM process, however, it must be done correctly in order to `avoid the dreaded "request for evidence' " issued by USCIS. The Fleischer Law Firm LLC has developed a strategy in the hope of obtaining a successful alien of extraordinary or outstanding researcher petition.

When a researcher, physician, scientist or other file an EB-1 petition, there is rarely, if ever an "interview" with an USCIS adjudicator. Therefore, the Fleischer Law Firm requires all of their clients to write a "personal statement" in support of their petition. This person statement is a chance for an applicant to "speak" to the adjudicating officer. It is not a time to be shy or modest, it is a time to show that you are one of the best in your field. While speaking in lay person terms, if possible, a successful applicant should clearly elucidate the applicants IMPACT on his or her field. In addition to an applicant's impact, the personal statement should clearly explain how the applicant's work relates to the criteria listed above.

In addition to the personal statement, a successful petition includes:

1. All publications whether from Conference Abstracts or more importantly, international Peer Reviewed Journals. Impact ratings of the journal are also very important.
2. Book Chapters and Books
3. Citations. Any proof that your work has been cited(and where it has been cited) shows the impact of your work
4. Presentational international conferences, whether as a key note speaker or publication of a abstract or poster
5. Comments on your published works by critics/journal referees
6. Proof you have acted as a referee or reviewer, or acted as the judge of the work of others
7. Requests for reprints of your publications
8. Patents
9. Evidence of awards or honors received including scholarships, travel awards
10. Evidence of membership in professional associations
11. Use of your work by others in academia, research , or commercial use
12. Details of the funding for your research projects or grants
13. Press Coverage of the your work in the "popular media" including newspapers, popular magazines, internet, or television
14. Recommendation letters from expert in your field attesting to the impact o your work in the field. These letters should be written by those who you know PERSONALLY and more important, those who do not know you personally, just through your "reputation" in the field. These letters are of the utmost importance in filing a successful national interest waiver

Our years of experience have helped us collect a plethora of successful sample personal statements and letters of recommendation which have helped scholars and researchers obtain EB-1 "Outstanding Researcher" petitions from:

• University of Cincinnati (Cincinnati, OH)
• Ohio State University (Columbus, OH)
• University of Kentucky (Lexington, KY)
• University of Louisville (Louisville, KY)
• Duke University (Durham, NC)
• Wayne State University (Detroit, MI)
• Harvard University and Massachusetts Institute of Technology (Boston, MA)
• Virginia Tech University (Blacksburg, VA)
• University of Virginia (Charlottesville, VA)
• Tulane University (New Orleans, LA)
• Indiana University (Bloomington, IN)
• University of Chicago (Chicago, Illinois)
• Ohio University (Athens, Ohio)
• Wilberforce University and Central State University (Wilberforce, OH)
• Northern Kentucky University, (Highland Heights, Kentucky)
• Purdue University (West Lafayette, Indiana)
• University of San Francisco (San Francisco, California)
• University of California - Berkeley (Berkeley, California)
• University of Massachusetts-Dartmouth (Dartmouth, Massachusetts)
• Indiana State University (Terre Haute, Indiana)
• Florida State University (Tallahassee, Florida)
• University of Arkansas (Fayetteville, Arkansas)
• Iowa State University (Ames, Iowa)
• West Virginia University (Morgantown, West Virginia)
• New York University (New York City, New York)
• Manhattan University (New York City, New York)
• University of Colorado(Boulder, Colorado)
• University of Texas (Austin, Texas)

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