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How
Could I Qualify for the EB1 Outstanding Researcher or Professor? |
| Hi
William, As a research assistent in an university, I would to apply for the Green Card as EB-1B researcher. How could I qualify for the EB1 Outstanding Researcher or Professor? Answer, Qualifying as an EB1 Outstanding Researcher or Professor requires an entirely different analysis, one that involves more subjective factors. There are a few objective factors that must be established in the EB1 Outstanding Researcher or Professor category, the offered position must be “permanent”, and the beneficiary must have three years teaching or research experience in the field prior to filing. In addition, experience gained while working towards an advance degree may not be counted as part of the three years, except that the research was recognized as outstanding. If a beneficiary is otherwise eligible for the EB1 Outstanding Researcher or Professor category within three years of earning the degree, it is more likely because their graduate research was outstanding. In the EB1 Outstanding Researcher or Professor context, nothing is black and white. The petition must establish that two of the delineated six regulatory criteria must be met in order to qualify as outstanding. Also USCIS has introduced the “final merits analysis” into the adjudication process. In the final merits analysis, the USCIS adjudicator evaluates whether the evidence evaluated cumulatively establishes that the beneficiary is in fact outstanding. |
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