either I am naive or do not understand English,
blueone can you tell me where on the memo they have said
"at will employment" is acceptable. they said they became aware of it after careful review.
What I found was
"The petitioning employer, however,
must still
establish that the
offer of employment is intended to be of an indefinite or unlimited duration and that the nature of the position is such that the employee will ordinarily have an expectation of continued employment."
There is one more thing that is discussed in the memo. The requirements are different for research positions and tenure track positions.
"Adjudicators do not need to evaluate whether the employment contract for a tenured or tenure-track position has a “good cause for termination” clause, and should not deny a petition seeking an outstanding professor for a tenured or tenure-track position on that basis alone."
for Research positions
Many research positions are funded by grant money received on a yearly basis. Researchers, therefore, are employed pursuant to employment contracts that are valid in one year increments. If the petitioning employer demonstrates, however, the intent to continue to seek funding and a reasonable expectation that funding will continue (such as demonstrated prior renewals for extended long-term research projects) such employment can be considered “permanent” within the meaning of 8 C.F.R. § 204.5(i)(2).
so to be on the safest side If I were to file, I will try to avoid using "at will" in the job offer at any cost.
