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Outstanding Researchers
The first employment-based preference include the
following three categories:
- Aliens of "extraordinary ability" in the sciences,
arts, education, business, and athletics;
- Outstanding professors and researchers with
universities or private employers that have
established research departments;
- Managers and executives subject to international
transfer to the United States.
To be included in the group of Outstanding Professors
and Researchers requires:
- Recognition internationally as outstanding in a
specific academic field,
- At least three years of teaching or research in
the field, and
- Offer of a tenured teaching position or the offer
of a comparable research position or,
- The offer of a research position having no fixed
term and in which the employee will ordinarily have an
expectation of permanent employment or,
- The offer of a comparable research position with a
private employer if the employer has at least three
full-time researchers and documented accomplishments
in the research field, e.g. patents or articles by
employees in recognized journals in the academic
field. It is the petitioner, and not the researchers,
that must have achieved documented accomplishments.
The INS rejected a suggestion that it should allow a
start-up private research organization to petition for
a researcher if its principal researchers have
achieved documented accomplishments in the field.
Job offer is a requirement. The employer must submit a
letter with the petition setting out the terms of
employment.
With regard to the proof that the alien has the
requisite credentials, the rules require that the alien
submit letters from current or former employers with the
petition, documenting at least three years' experience
in teaching or research in the field. The letters from
employers must include the name, address, and title of
the writer, and a specific description of the duties
performed by the alien.
"Two-out-of-six" rule: To document that the researcher
or teacher is recognized internationally as outstanding,
requires submission of at least two of the following:
- Documentation of the alien's receipt of major
international prizes or awards for outstanding
achievements in the field;
- Documentation of the alien's membership in
associations in the academic field which require
outstanding achievements of their members;
- Published material in professional publications
written by others about the alien's work in the field
(must include the title, date, and author); the
publication should discuss or analyze the
beneficiary's work, a short reference to the
beneficiary's work in a professional publication would
demonstrate that he or she is recognized as
outstanding;
- Evidence of an alien's participation, on a
panel or individually, as the judge of the work of
others in the same or allied academic field; the
beneficiary must have judged the work of other
professors, researchers, or Ph.D. candidates in the
alien's field. Judging the work of other authorities
and experts in the alien's academic field is a better
measure of the beneficiary's international
recognition;
- Evidence of the alien's original scientific or
scholarly research contributions;
- Evidence of the alien's authorship of scholarly
books or articles in scholarly journals with
international circulations;
Guidance on specific types of evidence. Strong
documentation of the alien's recognition as
"outstanding" includes:
- peer-reviewed presentations at academic symposia;
- peer-reviewed articles in scholarly journals;
- Testimony from other scholars on the alien's
contributions;
- A number of entries in a citation
index citing the alien's work as authoritative;
- Participation by the alien as a reviewer for a
peer-reviewed scholarly journal.
On the other hand, weak documentation of the alien's
recognition includes the following:
- a book published by a "vanity press";
- a footnoted reference to the alien's work
without evaluation;
- an unevaluated listing in a subject matter index ;
- a negative or neutral review of the alien's
work
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