|Does EB1 Outstanding Researcher or Professor Petition Need Employer Sponsorship?|
I am now working for a small company as a researcher. Does EB1 Outstanding Researcher or Professor petition need employer sponsorship? Can a private company sponsor me for immigrant application in this category?
A labor certification is not required in EB1 Outstanding Researcher or Professor petition (EB-1B or EB1-OR). But the EB1 Outstanding Researcher or Professor petition immigration application requires that the alien beneficiary has a permanent employment offer from an U.S. employer. The permanent job offer may includes tenure or tenure track position in a university, or other permanent job position in a company. For positions other than a tenure or tenure track position, the job offer letter should be carefully drafted to meet the "permanent job" requirement of EB-1B application.
The EB1 Outstanding Researcher or Professor petition is an immigration category for researchers and professors only. To be eligible for this classification, the alien applicant's job duties must be primarily research. A private company can file EB-1B application for an alien worker.
But there are other requirements that a private company has to meet for filing an EB-1B application. If the U.S. employer is a private company, not a university or educational institution, the private employer must employ at least 3 full time researchers in their research activities, and have achieved documented accomplishments in an academic field.
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