Question: I am from a visa retrogress ed country with EB2 NIW pending. I am planning to apply for EB1-OR through employer. The question is my employer willing to sign the I-140 but stating I am a full time researcher with employment at will. Is it necessary to state I have a "permanent position" for EB1-OR petition?
Answer: According to USCIS, the “good cause for terminatio n” clause has been an important issue when adjudicati ng EB1-Outsta nding Researcher or Professor petitions. This clause should be included in employment offers to ensure that the job is not “at will” employment .
However, an USCIS’ memo in 2006 indicated that EB-OR petitions should not be denied simply because the offer of employment is lacking a “good cause for terminatio n” clause. Therefore, the employment "at will" is also accepted by USCIS for EB1-Outsta nding Researcher or Professor petitions, since USCIS considers it is a common business practice to have such clause in the job offer letters.
If the employment "at will" cause is in your job offer, then in the EB1-OR petition, your employer needs to demonstrat e that your research position will have “an expectatio n of continued employment .”
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Answer: According to USCIS, the “good cause for terminatio
However, an USCIS’ memo in 2006 indicated that EB-OR petitions should not be denied simply because the offer of employment
If the employment
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