 |
 |
|
|
 |
Employer Sponsorship of EB-1(b) Petitions Professor Wu* was referred to Zhang & Associates by one of our former clients. She sent her CV to Attorney Jerry Zhang (info@hooyou.com) for an evaluation. Prof. Wu was an assistant professor of biology at an East Coast university. She had a few journal publications and several conference presentations. Prof. Wu also had three years of experience in her field and a permanent job offer. Attorney Zhang suggested that Prof. Wu file an EB-1(b) petition. The EB-1(b) category is for outstanding professors and researchers who have three years of experience in their fields and a permanent job offer. Prof. Wu’s credentials qualified her as an outstanding researcher, so she met all these requirements. Unlike EB-1(a) and NIW petitions, EB-1(b) petitions require sponsorship from an employer. In an EB-1(b) petition, the employer is the petitioner, and the alien is the beneficiary—as opposed to EB-1(a) and NIW petitions, where the alien petitions on his or her own behalf. In Prof. Wu’s case, her university was the petitioner, and she was the beneficiary. There are three main requirements for employer sponsorship of an EB-1(b) petition. One of the basic requirements for an EB-1(b) petition is a permanent job offer. A permanent job offer is a job offer without a fixed termination date or duration. Besides postdoctoral positions, most job offers in the United States are permanent job offers. This offer should be stated in a letter from your employer. You can find sample letters here. The most obvious example of a permanent job offer would be a tenured or tenure-track position. However, other job offers still count as long as there is an “expectation of continued employment.” One common example is research based on yearly funding where the funding will probably be renewed. It’s a good idea for the employer to include a “good cause for termination” clause in the letter if possible; this implies the alien can indeed expect permanent employment. However, many employers are reluctant to include this clause because of legal issues. Therefore, USCIS will not reject EB-1(b) petitions simply because a “good cause for termination” clause is not included. Nor will USCIS reject EB-1(b) petitions because of “at will” employment. The nature of the job itself is more important. Prof. Wu’s job as an assistant professor qualified as a permanent job offer. Her job had a seven-year duration, and she could expect permanent employment. Prof. Wu had her university supply a letter to meet this requirement. 2. Form I-140 signed by the employer In an EB-1(b) petition, the employer is the petitioner. So the employer has to sign the I-140 form. It’s important to remember that an employer is different from a supervisor. Prof. Wu had a supervisor in her department, but she was technically employed by the university itself. So a representative of the university had to sign her I-140 form. The same goes for private institutions. It is the employer, not the supervisor, whose signature must appear on an I-140 form. 3. Employer’s solid track record Universities and other institutions of higher education all have established track records. They automatically meet this requirement. Prof. Wu worked for a well-known research university, so USCIS knew right away that her employer had a solid track record. Private institutions must have at least three full-time researchers and documented accomplishments in the alien’s field. For example, the institution can show it has made publications or filed patents in areas related to the alien’s research. If the private institution meets these requirements, then it has a solid track record in the eyes of USCIS. Prof. Wu worked closely with her university and Zhang & Associates to file her EB-1(b) case. Our firm worked with her on strong recommendation letters, and one of our attorneys wrote her a great petition. A few months after Prof. Wu filed her case, she was happy to hear that it had been approved. If you and your employer meet these requirements, you might qualify for an EB-1(b) petition. You can email Attorney Jerry Zhang (info@hooyou.com) for a free evaluation. *In order to protect our clients’ privacy, all of their identifying information has been changed. --------------- At Zhang & Associates, P.C., our attorneys and supporting professionals are committed to providing high quality immigration and non-immigration visa services. We specialize in NIW, EB-1, PERM and I-485 cases. In the past eleven years, we have successfully helped thousands of clients get green cards. If you plan to apply for a green card, please send your CV to Attorney Jerry Zhang (info@hooyou.com) for a free evaluation. Houston: 7324 Southwest Freeway, Suite 1088, Houston, TX 77074 In the moment of dynamics, our clients can always count on us. (10/29/2007) For more immigration news, please click here |
|
"The best way to |
| New York | Houston | Chicago | Austin | Los Angeles | |||
