I Am not Sure Whether I Should File
an Outstanding Researcher Petition or a Labor Certification

Dr. William:

I have a PH.D. degree, and have been working at an University as a Research Associate for more than 2 years. I want to persuade the school human resource office to file an EB-1 Outstanding Researcher petition concurrently with an I-485 application. This is my 4th year in H-1B. I am not sure whether I should file the Outstanding Researcher petition, or just simply a Labor Certification Application.


Answer: 

With a PH.D. degree and working at an University as a Research Associate for more than 2 years, it looks like that you meet the requirements for EB-1 Outstanding Researcher petition. For this immigration category, you need to have more than three years of research experience, which may include your previous research experience before your current research position. 

Also, for the EB-1 Outstanding Researcher petition, your employer needs to show that your current employment position is not a "temporary" employment job offer, but it should be a permanent employment position.

 

 

 

 

 

     

 

 

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