The
Immigration Act of 1990 created a special category for qualified foreign
nationals to gain permanent residence status. The Outstanding Professor and
Researcher category is particularly advantageous as it does not involve the more
costly and time-consuming labor certification (PERM) process that is required under
most employment-based immigration categories.
This
category does not require the approval of the Department of Labor. Since the
application is submitted directly to the United States Citizenship &
Immigration Services (USCIS) permanent resident status may be gained much more
quickly than under the alternative system.
Our
office will assist you in presenting your application in a manner which will
adequately emphasize your credentials to the USCIS in order to be successful.
We will provide you with information as to what details should be specified in
the recommendation letters and how it must be presented. We will also review,
edit and recommend necessary changes that will properly highlight your
qualifications. We will guide you by providing information on the supporting
documents to be obtained. In addition to the above, our office will ensure the
supporting documents are organized in a proper fashion which will enable the
reader to easily comprehend the issues presented to them. We will include with
the petition a support letter explaining how you qualify as an alien who is an
outstanding professor or researcher. We will ensure that the petition is
properly filed with the appropriate USICS service center and keep you informed
about the progress of your application.
At
the time of filing the petition with the USCIS, we have to establish the
outstanding nature of the foreign national’s credentials by satisfying the
specific criteria set forth by the USCIS. To qualify for permanent resident
status under this category the following qualifications are required:
·
A
permanent job offer in an academic position. (Note: Postdoctoral Associates or
Fellows are not considered to be permanent employees and would not qualify for
this program. Research Associates or tenure-track faculty may qualify for this
program).
·
If
the employer is a private company rather that a university or educational
institution, the private employer must employ at least three persons full time
in research activities and have achieved documented accomplishments in an
academic field.
·
Evidence
that the professor or researcher has at least three years of experience in teaching
and/or research in the academic field. Experience in teaching or research while
working on an advanced degree will only be acceptable if the person has
achieved the degree and if the teaching duties were such that he or she had
full responsibility for the class taught or if the research conducted toward
the degree has been recognized as outstanding. It is recommended that the
foreign nationals wishing to benefit from this process wait until they have
three years of experience after the Ph.D. before submitting this type of
application.
·
Evidence
that the foreign national (professor or researcher) is recognized
internationally as outstanding in their academic field. This evidence shall
consist of most of the
following*:
Ø Receipt of major prizes or awards
for outstanding achievements in the academic field;
Ø Membership in associations in the
academic field which require outstanding achievements of their members;
Ø Participation on a panel, or
individually, as the judge of the work of others in the same or an allied
field;
Ø Citations of your work in
professional publications by other experts in the field;
Ø Authorship of scholarly
books/articles, in scholarly journals with international circulation, in the
field;
Ø Original scientific or scholarly
research contributions to the academic field.
*
The USCIS has stated that the above list should serve as a guideline for the
type of documentation required for this application. Possession of a few items
on the list does not guarantee approval. Applicants should provide sufficient
documentation to prove to a USCIS examiner that the applicant is truly an
outstanding professor or researcher with international recognition.
Supporting
documents must be submitted to the USCIS at the time of filing. The required
supporting documentation includes the following:
Employment
Support Letter - Support
letter from department chair or host professor or employer. This letter should
both confirm permanent employment and provide a strong recommendation for
permanent residence (i.e. must discuss foreign national’s qualifications,
experience and standing in the field).
Confirmation
of position and salary – Separate letter from the department chair or hiring authority
confirming permanent employment.
Curriculum
Vitae - For the sake of brevity, all the relevant
information must be specified in chronological order.
Copies
of degree(s) - Copies of all higher education diplomas including Ph.D. diploma. If the diploma is
in a language other than English or Latin, it must be accompanied with a certified
translation.
Support
letters of recommendation - Supporting letters of recommendation from other recognized
leaders in the field or previous employers attesting to the applicant’s
original scientific or scholarly research contributions (a minimum of six to a
maximum of twelve letters is recommended).
Applicant’s
participation in activity as the judge of work of others in the academic field
- must provide evidence of activity, examples:
Ø Copies of requests from editors
who asked that you review an article for a scholarly journal, or memos
confirming participation as a reviewer
Ø Copies of conference publications
which show your participation as an organizer or reviewer
Ø Copies of documents that indicate
committee assignments for professional associations in the field
Ø Copies of documents proving that
you’ve acted as a reviewer for grant proposals (e.g., USDA, NSF)
Ø Any other evidence which indicates
that other people in the field are seeking your opinion.
Membership
in professional organizations which require past and present
experience in the area of expertise and outstanding and noteworthy achievement
for membership -
copies of member cards or receipt of paid dues.
Prizes
and awards (including competitive grants) - copies of first pages of documentation, the
copies should include name, and name of grant or prize awarded. Whole grant
proposals do NOT need to be included.
Presentations
at academic symposiums - include copies of abstracts, if available.
Peer-reviewed
articles - copies
of all published articles.
Evidence
of citations - Evidence
from on-line citation indexes is sufficient as long as the evidence clearly
shows who cited you, and in what publication.
Any
additional evidence: i.e. patents, computer programs, any other materials that
demonstrate standing in the field.