Eb1 Or / Ea

LUD said:
Which one is easier? EB1 OR or EB1 EA?
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none is easy none is tough
if you have low to basic qualification its 50% luck and 50% ur presentation.
i fyou have basic to high qual its still 50% luck and 50% ur presentation.
 
As eb1doc said, both are tough. For EB1-OR, in addition to other requirements (publications, citations etc etc), one has to prove that his/her job offer is permanent. What permanent means to USCIS is the following:

"Permanent, in reference to a research 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."

Lots of EB1-OR applicants in the past got RFE on the above issue (including me thougb I have had a permanent research position and not a post-doc).

If the applicant is a post-doc, then it is difficult to prove the above important requirement to be eligible under EB1-OR.
 
Do I need recommendation letters from experts in the field if my employer files for EB-1 as outstanding researcher?
 
perm position?

Bhakum:

Do you have a term on your permanent position or is it indefinite? I have a 2 year term right now which will be renewed in due time and I read a few posts where other faculty members had similar 2/3 year terms.

Thanks.
 
As long your employer is willing to sign that its a "permanent" position you will be fine. The renewal terms don't matter that much. And yes, you need letters of recommendation for EB1-OR.
 
Thanks nscagony. If I were to furnish the letter I received from the dept, then it will say that the current term is through 2009. Should I then not include the letter as part of my package?

Thanks very much.
 
Your department/university has to sign that you have a "permanent" position as part of the I-140 petition.
 
Thanks nscagony. I assume they say "permanent position" in the cover letter. Please let me know if it has to be mentioned in some other document as well.

Do I need a letter from the head/chair of the dept? The only reference letter I will get from my univ is from my advisor.

Thank you again.
 
Did your University agree to submit the petition? THEY have to submit it, not you. You do understand that right? Your advisor can't do that. This is usually delegated to someone by the Chancellor/President of the University. Your University can use a lawyer, and you can pay for that, but its the Universities lawyer working for THEM. You are just the beneficiary. So the University asks for the I-140. I am still not sure you understand that.
 
Yes, for EB1OR, the university as an institution has to agree on the sponsorship. Usually the Chancellor/President of the university has to sign the petition letter and emphasize the permanent position. Otherwise, you may get into trouble later on. For example, the approval or denial letter or RFE of the I-140 (Eb1OR) will come back to the HR of your university. Then the HR guy will inform the college and thus the department before it gets to you. If you get objections from the HR guy, they could revoke your case (even it is approved).
On the other hand, if the HR agrees, then things shall be OK.
In 2004, my friends (Chinese) filed their EB1OR with the signatures of the chair/dean on the petition letter. When the approval letters went to the HR, the HR got very angry and threatened to revoke and urged the chairs/deans not to sign without the permission from the HR! Well, eventually the HR didn't revoke (my friends were tenure-track faculty) the case, but after that no chair/dean dares to sign the petition letter.
 
Thanks nscagony and llp1 for your kind responses. Yes, I understand that the univ applies for the beneficiary for EB1-OR and my univ has agreed to do so. However, I have read cases (some on this forum as well) where people got RFEs because the IO didn't think that the position was "permanent enough" (i.e., it was not for an indefinite period but rather for 2/3 years and due for renewal then). That is why I want to know what proof does the univ lawyer include to demonstrate my permanent position. I would think in addition to mentioning in the cover letter that this is a permanent position, they have to include a copy of formal offer/appointment letter (which expires in 2 year time). I doubt any univ gives a offer letter with no term unless you are tenured.

llp1, on your comment, my dept (through the chair and support staff) discussed with the international office and the international office agreed to file my EB1-OR petition. I don't know what happened behind the scenes but I didn't see any communication from the HR, rather just an approval notice from the intl office.

Thanks again for your help and comments.
 
gc_app2007,
Then you shall be all right. Search this forum, there are lot threads with valuable information on this topic. I searched with the key words "indefinite permanent position". It came out couple of threads. Following is an example:

{begin quote}
needs letter from chairman and /or dean stating that your iimediate boss can hire you as permanent employee...something like

This is to certify that NIW_2005 is a fulltime permanent employee at XXX at the University of XXX He is currently working as XXXat the Department of XXX. He joined this position on XXX and was offered to work on this position for an indefinite time. Along with the salary, XXX is awarded several benefits such as health insurance, retirement plans, and tuition reduction. I also wish to certify that Dr. XXX at the XXXX had full authority to hire XXX as a Permanent Research Employee in their research laboratory.
{end quote}

The above quote is from http://www.immigrationportal.com/showthread.php?t=209032

I don't think you can get any official offer letter stating the permanent position. Even for tenure track faculty (I am one), we still get the renewable offer letter. The key thing for your case is to get a statement from your chair or dean to confirm that you are there to work for an indefinite time.
 
llp1: Thanks you very much for pointing out the letter needed. I didn't know of such a letter but I will try to get one and also search the forums for more information. Just curious but why didn't you apply EB1OR if you are a tenured faculty? Your friends whose case you mentioned are at the same univ and hence the dean doesn't sign?

Thanks again llp1.
 
llp1 said:
gc_app2007,
Then you shall be all right. Search this forum, there are lot threads with valuable information on this topic. I searched with the key words "indefinite permanent position". It came out couple of threads. Following is an example:

{begin quote}
needs letter from chairman and /or dean stating that your iimediate boss can hire you as permanent employee...something like

This is to certify that NIW_2005 is a fulltime permanent employee at XXX at the University of XXX He is currently working as XXXat the Department of XXX. He joined this position on XXX and was offered to work on this position for an indefinite time. Along with the salary, XXX is awarded several benefits such as health insurance, retirement plans, and tuition reduction. I also wish to certify that Dr. XXX at the XXXX had full authority to hire XXX as a Permanent Research Employee in their research laboratory.
{end quote}

The above quote is from http://www.immigrationportal.com/showthread.php?t=209032

I don't think you can get any official offer letter stating the permanent position. Even for tenure track faculty (I am one), we still get the renewable offer letter. The key thing for your case is to get a statement from your chair or dean to confirm that you are there to work for an indefinite time.
Click to expand...


Thanks for posting this draft.
I saw some posting from eb1doc and this letter.
just want to say thanks to eb1doc again as oldies might remember he was one who posted this draft for all of us who got RFE those days...I am happy its helping people..........going going buddy!
 
gc_app07 said:
llp1: Thanks you very much for pointing out the letter needed. I didn't know of such a letter but I will try to get one and also search the forums for more information. Just curious but why didn't you apply EB1OR if you are a tenured faculty? Your friends whose case you mentioned are at the same univ and hence the dean doesn't sign?

Thanks again llp1.
Click to expand...

You are welcome. Exactly, my chair and dean dared not to sign after my friends incidents. So I applied by myself for EB1A. There are various channels for the immigration. Try it, do it, you will get it. Good luck.
 
I have been speaking to attorneys as well as applicants. There seems to be a lack of consensus as to which one is easier-EB1 OR or EB1 EA?
anyway to get a authentic answer?
 
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