necessary documents for EB1-OR

L

lmofj

New Member
Hi,

I am a postdoc in a research institute. The HR of the institute will not sponsor me on EB1-OR, as they don't consider it a permanent position. But the chairman of my department may agree to provide me the letter of "permanent employment". Is this letter enough? What other documents do I need to get to prove the "permanent employment"? What other documents do the chairman need to sign? He is doing a favor for me, and I don't want to bother him too much. I plan to hire a lawyer to do this for me if I can get all the paper works. People who have been through this please help me. Any information is greatly appreciated. Thanks!
 
The EB1-OR petition is not yours, it is your employer's application. Does your employer sponsor this application for you? This means that they have to sign the I-140 petition. For the rest read below.

We had an application with Nebraska Service Center that got approved recently. My husband submitted a letter from the Department Chair attesting he has a permanent position (his position is that of a research professor). The international advisor of the university, who took care of the application said that this worked previously.
After upgrading to premium processing we received a RFE. Among other things he was requested the following:

2. Please submit a copy of the offer by the university to the beneficiary of a permanent research position. 8 C.F.R. § 204.5(i)(3). The document now requested is the actual offer of a permanent research position issued by the university to the alien that will bring the beneficiary to the university, or change the alien’s existing employment status from that of temporary to permanent employment.
If the offer is not from the university’s Administration, Human Resources Office, Office of the Provost or comparable authority, please submit additional evidence that the employee issuing the offer is authorized by the university to commit it to a permanent employment relationship. Specifically, please submit a letter from the university’s Administration or Human Resources Office confirming that 1) the employee making the offer has authority to offer permanent employment on the university’s behalf, and 2) the university is aware of and supports the hiring of the beneficiary.

We got another letter from the Dean of College (who attested that he has the hiring authority for my husband's department. The letter is reproduced below

“Dear Dr.[...],
I am writing to confirm that the College of [...] at the University of [...] offered you a permanent position as [...] in the Department of [...] on Month Day, Year with a start date of Month Day, Year.
In determining that your position is “permanent” as indicated above, the University of [] complies with the Department of Homeland Security’s regulatory definition which states, with respect to outstanding researchers, “permanent 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” [8 CFR §204.5(i)(2)]. I have been designated hiring authority for the College of [...] by the University President and can therefore verify the above.
Your current salary is [...] per year; in addition to the base salary, you receive fringe benefits, including eligibility to participate in the University’s retirement and life and health insurance programs. The duties of your position consist of teaching and conducting research in the area of [...]. The university is aware and supports the decision to hire you.
Signature”

More instructive reading, regarding the administrative appeal cases for EB1-OR, you can find at (thanks, Eclipse, for the first link):

http://www.ilw.com/articles/2002,1010-riley.shtm

http://www.uscis.gov/uscis-ext-templ...rrFrameset.jsp

This is from my experience, I am not a lawyer. The letter from your Chair might work. From other reading through this board (just make a search for permanent position) it is advisable that the word postdoctoral is not mentioned. Maybe other people that were in you position will give you some better answers.

Good luck!
 
ioananv seems you are almost schedule to take-off to get GC. U r getting lot of LUDs which can be good sign.
 
Not necessarily. It might also mean that they are doing "additional review", that the officer logs everything in the system, that they are sending/receiving things by mail, or who knows what. There is no relation between the number of LUD's and approval rate. Also, we have 2 cases (husband and I). Some LUD's can appear because of the other spouse's case? This is just my speculation. Anyway, they seem to be processed together.
 
You need a letter from your university's HR officials. Letter from advisor or chair will not work. Your Attorney should be aware of these rules, - a very fundamental requirement.
 
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