It Necessary to State I Have a Permanent Position At Will for EB1-OR
I am planning to apply for Outstanding Researcher or Professor petitions through employer without attorney. The question is that my employer is willing to sign the Form I-140, but stating I am a full time researcher with employment "at will". Is it necessary to state I have a permanent position "at will"?
According to USCIS, the “good cause for termination” clause has been an important issue when adjudicating EB1-Outstanding Researcher or Professor petitions (EB-1B, or EB1-OR). This clause should be included in employment offers to ensure that the job is not “at will” employment.
However, an USCIS’ memo indicated that, EB1-OR petitions should not be denied simply because the offer of employment is lacking a “good cause for termination” clause. Therefore, the employment "at will" is also accepted by USCIS for EB1-Outstanding Researcher or Professor petitions, since USCIS considers it is a common business practice to have such clause in the job offer letters.
If the employment "at will" cause is in your job offer, then in the EB1-OR petition, your employer needs to demonstrate that your research position will have “an expectation of continued employment.”
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