Introduction

Outstanding Researcher Petitions Defined:

INA section 203(b)(2)(B) Outstanding professors and researchers. -An alien is described in this subparagraph if -

(i) the alien is recognized internationally as outstanding in a specific academic area,

(ii) the alien has at least 3 years of experience in teaching or research in the academic area, and

(iii) the alien seeks to enter the United States-

(I) for a tenured position (or tenure-track position) within a university or institution of higher education to teach in the academic area,

(II) for a comparable position with a university or institution of higher education to conduct research in the area, or

(III) for a comparable position to conduct research in the area with a department, division, or institute of a private employer, if the department, division, or institute employs at least 3 persons full-time in research activities and has achieved documented accomplishments in an academic field.

Comments

The regulations provide a detailed list of the types evidence the CIS will need to decide in the petitioner's favor. Merely having the evidence is generally insufficient as a qualitative analysis is applied to determine if the evidence is persuasive.

For researchers the support of your department head and and your PI are frequently needed

Benefits

1. No labor certification,
2. No wait for a visa number, generally even long backlogged countries of origin such as India and China are current,
3. Normally concurrent filing with other applications will result in early work authorization for the beneficiary and family members.

Difficulties

1. Adjudications are somewhat subjective - "recognized internationally" has no fixed definition,
2. Complex cases with no clear path to success,
3. High level of client involvement is nearly always necessary.

Cautions

1. Do not confuse the Outstanding Researcher Immigrant category with the O-1 Outstanding Ability Non Immigrant category.
2. Any prior stay in J-1 status must be analyzed to determine if there is a two year home residency requirement.
3. Planning your case well ahead of time is very important. Even if you are a first year post-doc fellow, it is not too early to plan for the eventuality of filing an Outstanding Researcher petition.