EB1B-杰出研究员,教授绿卡系列之5: Restrictions and Advantages of Applying for EB1 Outstanding Researcher or Professor
There are some restrictions for EB1 Outstanding Researcher or Professor petition. The first restriction is the "academic field". The U.S. Citizenship and Immigration Services (USCIS) regulations define the term of academic field as "a body of specialized knowledge offered for study at an accredited United States university or institution of higher education."
The second restriction is the "permanent job offer". The term "permanent" in reference to a position means "either tenured, tenure-track, or for a term of indefinite or unlimited duration, and in which the employee will ordinarily have an expectation of continued employment unless there is good cause for termination."
For a person who may qualify for EB1 Outstanding Researcher or Professor, applying for this immigration category is a much better choice than the Labor Certification. The EB1-OR petition does not require the Labor Certification. As many people know, the Labor Certification is a long process.
Therefore, bypassing the Labor Certification process is an advantage of EB1-OR, and it makes EB1-OR much faster than other immigration categories requiring the Labor Certification. Furthermore, an immigration visa number is almost available to submit the Form I-485 application of status adjustment, for EB1 categories in most cases.
Without the requirement of Labor Certification, an EB1-OR applicant also enjoys some freedom in employment. The applicant does not need to meet some very strict conditions set otherwise in the Labor Certification, such as change job description, job title, job location, and salary requirement. http://www.greencardapply.com/or/or_qualify.htm
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