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USCIS Will Accepts "At Will"
Employment for EB1 Outstanding Researcher or Professor Application |
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William, My employer is willing to sign the Form I-140 for my EB1 Outstanding Researcher application, but also stating that I am a full time researcher with employment "at will". Is it necessary to state I have a permanent position "at will"? and will USCIS accepts "at will" employment for EB1 Outstanding Researcher or Professor petition? Answer, The employment "at will" cause for an EB-1B application means that either the employer or the employee can terminate the employment relationship at any time, for any reason, or for no reason at all. According to USCIS, the “good cause for termination” clause has been an important issue when adjudicating EB1 Outstanding Researcher or Professor petitions (EB-1B). This clause should be included in employment offers to ensure that the job is not “at will” employment. However, an USCIS’ memo indicated that, EB-1B 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 EB-1B petition, your employer needs to demonstrate that your research position will have “an expectation of continued employment.” In the United States, most jobs are "at will". USCIS accepts "at will" employment for EB1-Outstanding Researcher or Professor petitions. In an EB-1B petition, the employer needs to demonstrate that the research position will have “an expectation of continued employment”. USCIS adjudicators should not deny a petition simply because a job offer letter does not contain a “good cause for termination” clause. |
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