| 1. | What is an Outstanding Researcher Immigrant Petition? |
| An Outstanding Researcher Immigrant Petition is an I-140 Immigrant Petition in the Employment-based First Preference category. This category does not require a Labor Certification (test of the U.S. job market), but it does require a tenure-track faculty position or a permanent job offer and thus, the sponsorship of an employer.
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| 2. | Who qualifies as an Outstanding Researcher? |
| Generally, a foreign national must be recognized internationally as outstanding in a specific area of research. A successful Outstanding Researcher Immigrant Petition demonstrates that the foreign national meets the following criteria:
1. Has at least 3 years of teaching or research experience in the field;
2. Has a tenure-track faculty position or permanent job offer; and
3. Demonstrates at least two of the following:
Receipt of major prizes or awards for outstanding achievement;
Membership in association which require outstanding achievements as a prerequisite to membership;
Published material in professional publications about the foreign national's work;
Published books or articles by the foreign national about his or her work in the academic field;
Evidence of original scientific research; or
Evidence of the foreign national's participation as a judge of the work of others (such as peer review for journals or academic competitions).
If the permanent job offer is with a private research company, the employer will need to demonstrate that it has an established research department that employs at least three full-time researchers and has achieved documented success in the field.
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| 3. | How do I apply for an Outstanding Researcher Immigrant Petition? |
| Evidence that the individual is an Outstanding Researcher is submitted along with Form I-140 Petition for an Alien Worker. Generally, the Outstanding Researcher I-140 Immigrant Petition is filed by an individual living in the U.S.; however, it can be filed from outside the U.S., although the criteria may then be more difficult to establish. If the individual is living in the U.S., he or she may be qualified to concurrently file for Adjustment of Status, based on Immigrant Visa availability.
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| 4. | Can I file more than one I-140 in different preference categories? |
| Yes, an individual may petition under more than one Employment-based preference category. For example, an individual can apply as an EB-1 Outstanding Researcher Immigrant Petition in addition to an EB-2 National Interest Waiver, if both criteria are met, to increase his or her chances of approval.
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| 5. | How is my priority date for my Outstanding Researcher I-140 determined? |
| The priority date is the receipt date, or the date that the USCIS receives the I-140 Immigrant Petition.
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| 6. | What are the some of the pros and cons of filing an Outstanding Researcher Immigrant Petition? |
| The main benefit of an Outstanding Researcher Immigrant Petition is that it falls under the First Preference category and does not require Labor Certification. These both generally allow for a faster path to Permanent Residence than through an Immigrant Petition based on a Labor Certification. The drawbacks of an Outstanding Researcher Immigrant Petition are first, that the criteria and standards of review are very high, thus the outcome is much less predictable than that of a Labor Certification-based Immigrant Petition. Second, it does require a permanent job offer, thus an individual cannot self-petition.
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