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proof of permanent job
- Thread starter justgc06
- Start date
Hard, but not impossible.
Dear justgc06,
It would be hard, though not impossible, to convince USCIS that you are holding a permanent position. If you try a "search" mode using keywords "permanent and postdoc" in the forums "NIW and EB1" and "I-140 Issues", you would find some hints and answers to your question. For example, read the following recent thread "Can Post docs apply for EB1-OR?" initiated by a user "Reza-EB2 NIW" to get a rough idea how to handle your RFE issue. Good luck with your RFE!
Dear justgc06,
It would be hard, though not impossible, to convince USCIS that you are holding a permanent position. If you try a "search" mode using keywords "permanent and postdoc" in the forums "NIW and EB1" and "I-140 Issues", you would find some hints and answers to your question. For example, read the following recent thread "Can Post docs apply for EB1-OR?" initiated by a user "Reza-EB2 NIW" to get a rough idea how to handle your RFE issue. Good luck with your RFE!
justgc06 said:Hi,
I have received an RFE asking for a appointment letter stating that my position as a post-doc is a permanent position. I understand post-docs are paid through the grant and its not permanent. how to justify this.
BTW, i have applied through EB1-OR.
Thanks
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It is not that hard - getting a Permanent employment letter content
If your university is willing to say it, there are umpteen number of school links you can google for permanent employment letter content
This is one (look at page 3-4 of the pdf)
http://www.isso.uc.edu/forms/permanent_resident/I140_Outstanding_Prof_Researchers.pdf
your school will need to say
"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, [Select appropriate category] with respect to outstanding professors, permanent means the employment is “a tenured or tenure-track teaching position” [8 CFR §204.5(i)(3)(iii)(A)]. OR 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)]."
If your university is willing to say it, there are umpteen number of school links you can google for permanent employment letter content
This is one (look at page 3-4 of the pdf)
http://www.isso.uc.edu/forms/permanent_resident/I140_Outstanding_Prof_Researchers.pdf
your school will need to say
"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, [Select appropriate category] with respect to outstanding professors, permanent means the employment is “a tenured or tenure-track teaching position” [8 CFR §204.5(i)(3)(iii)(A)]. OR 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)]."
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Association of American Universities has written a complaint petition to the Director of USCIS in March'06 regarding the rejection of 140 under EB1-OR by NSC. click on the following link
http://counsel.cua.edu/Immigration/questions/Association of American Universities letter.pdf
it seems there is no improvement even after that.
http://counsel.cua.edu/Immigration/questions/Association of American Universities letter.pdf
it seems there is no improvement even after that.