|
Is
It Necessary to State I Have a Permanent Position At Will for EB1-OR
Application? |
|
Is
It Necessary to State I Have a Permanent Position At Will for EB1-OR
Application? |
| Hi
William, 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"? Answer, 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.” |
|
For All
Your
Immigration
and Green Card Application Needs
 ©
Green Card Application
Service, www.greencardapply.com |