EB1 and employement "at will"

S

stllhope

Registered Users (C)
I am looking for some feedback. I do not have much time, until the end of this week, so please answer to this message if you have any information. My question is:

Is the employement "at will" considered permanent employement for the EB1-outstanding researcher petition. If yes (or no) what are the facts.

Thanks, :confused:
 
How does immigration officer interpret "employment at will=termination with or without cause" vs. research position is considered permanent if the employee has the expectation that will not be terminated without good cause.

Thanks,
 
Almost all employment in the US is "at-will" , meaning either party can terminate employment with or without cause ot notice. This concept is entirely different from a permanent position. "Permanent" here means indefinite, i.e. not ending at a predetermined time in future. Permanent does not mean for ever!
 
Lamonte,
What about the fact that all the states in US (except Montana) are employment at will states? Does that mean that no OR petition will be approved unless tenured and tenured-track academia positions? -still trying to figure it out-
 
Permanent means "intended to be permanent". Any commonsensical person would realize that a person could be fired for inappropriate conduct etc. Having said that, why state "at will" in your petition? If your employer is sponsoring you, then the employer would like to succeed at the attempts to get the OR petition approved, and should avoid terms like that.
 
stllhope said:
Lamonte,
What about the fact that all the states in US (except Montana) are employment at will states?
Click to expand...

I never quite understood his reasoning. I think the idea is that "at will" means that you can be fired at any moment for no reason and that interferes either with "permanent" or "outstanding". But as people've been saying, why mention it at all? What are gaining by saying basically "I'm one out of many"?

Does that mean that no OR petition will be approved unless tenured and tenured-track academia positions? -still trying to figure it out-
Click to expand...

Well, if you look at the statute this is more or less how it was meant to be. Postdocs get through by using some creative writing and arguing (as was mentioned above) that indefinite is as good as permanent. So far USCIS had no problems with this.
 
Believe me I do not want to use "at will" language, but it is in the letter of offer which states that .."the state of.. is at will state, and the ... organization is at will employer". This letter is offered to every one of the employees (4,000+) in the organization, and the employer does not want to change it only for the non-US employees.
I have done some searching and found many letters of offer coming from private organizations as well as Universities have the same "at will" language.
I am not sure how to avoid this language. USCIS seems to have problem with it IF they see it.
 
Can't you not use the letter at all in your application? I don't remember having to file a job offer letter for my I140-OR petition. The formal application was a letter signed by my supervisor. It usually is easier to convince your boss in a situation like this.
 
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