I-140 Catch 22 -- "permanent" positions for foreign researchers
Dec 23rd 2001, 5:41 pm
#1
Guest
Posts: n/a
Hi everybody, I would greatly appreciate your advice on the following. I received a
request for additional evidence from INS in regards to my recent green card petition
(I-140) using outstanding researcher classification. INS reviewing officer requests
me to submit a copy of the offer of permanent employment made to me by my university
and include any attachments or agenda pertinent to the terms of employment.
One of the eligibility requirements for outstanding researcher applications is to
provide a proof of permanent employment in US. To fulfill this requirement, I
attached to my initial I-140 petition a letter from my department stating that
"barring unforeseen developments [my] appointment with the [university] will continue
for indefinite future". My university, as many others in US, is reluctant to use the
word "permanent" in support letters, because they want to avoid legal problems with
foreign employees in the future.
It looks like legally no foreign researcher can hold a permanent (tenure) position
in US university if he/she does not have green card. On the other hand, one cannot
be approved for green card using outstanding researcher classification if he/she
does not hold a permanent position. It is a catch 22. How should I come around
this problem?
I know many researchers who got their green cards using outstanding researcher
classification, and none of them held permanent positions in their universities. In
fact, I suspect that all foreign researchers who got their green cards did not have
permanent employment in US or have been offered one. This makes me believe that INS
allows certain flexibility in interpretation of the word "permanent". I would
appreciate your enlightening me on that.
In my case, the INS officer seems to request impossible. No university in US
will ever offer a tenure position to a person who does not have permanent
residence status. What should I do in this situation? I understand that I could
reapply using National Interest waiver. However, baring in mind that that my
professional qualifications do fit the outstanding researcher requirements
(because no other evidence was requested), and that other researchers who
submitted similar to my letters of support from their universities did get
approved, I don't want to lose time.
Thank you for your feedback.
Ira
request for additional evidence from INS in regards to my recent green card petition
(I-140) using outstanding researcher classification. INS reviewing officer requests
me to submit a copy of the offer of permanent employment made to me by my university
and include any attachments or agenda pertinent to the terms of employment.
One of the eligibility requirements for outstanding researcher applications is to
provide a proof of permanent employment in US. To fulfill this requirement, I
attached to my initial I-140 petition a letter from my department stating that
"barring unforeseen developments [my] appointment with the [university] will continue
for indefinite future". My university, as many others in US, is reluctant to use the
word "permanent" in support letters, because they want to avoid legal problems with
foreign employees in the future.
It looks like legally no foreign researcher can hold a permanent (tenure) position
in US university if he/she does not have green card. On the other hand, one cannot
be approved for green card using outstanding researcher classification if he/she
does not hold a permanent position. It is a catch 22. How should I come around
this problem?
I know many researchers who got their green cards using outstanding researcher
classification, and none of them held permanent positions in their universities. In
fact, I suspect that all foreign researchers who got their green cards did not have
permanent employment in US or have been offered one. This makes me believe that INS
allows certain flexibility in interpretation of the word "permanent". I would
appreciate your enlightening me on that.
In my case, the INS officer seems to request impossible. No university in US
will ever offer a tenure position to a person who does not have permanent
residence status. What should I do in this situation? I understand that I could
reapply using National Interest waiver. However, baring in mind that that my
professional qualifications do fit the outstanding researcher requirements
(because no other evidence was requested), and that other researchers who
submitted similar to my letters of support from their universities did get
approved, I don't want to lose time.
Thank you for your feedback.
Ira
Dec 23rd 2001, 9:47 pm
#2
Just Joined
Joined: Dec 2001
Posts: 12
Hi,
I am considering a similar route. I don't have any answers, but I do have a question or two.
What qualifications/experience do you require to become eligible as an "outstanding researcher"? Is it sufficient to hold a doctorate or is there more to it than that?
It is interesting that you mention that no US University will offer permanent employment unless the applicant has PR. A University which I am in contact with has said that they have alien faculty who have since gained PR and then citizenship. Clearly there must be a way. I am quite unfamiliar with the US education system. Is a tenure track merely a temporary position?
Cheers,
k
I am considering a similar route. I don't have any answers, but I do have a question or two.
What qualifications/experience do you require to become eligible as an "outstanding researcher"? Is it sufficient to hold a doctorate or is there more to it than that?
It is interesting that you mention that no US University will offer permanent employment unless the applicant has PR. A University which I am in contact with has said that they have alien faculty who have since gained PR and then citizenship. Clearly there must be a way. I am quite unfamiliar with the US education system. Is a tenure track merely a temporary position?
Cheers,
k
