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- Any United States employer desiring and intending to employ
a professor or researcher who is outstanding in an academic field may file a petition for
such classification.
- Definitions. As used in this section:
Academic field means a body of specialized knowledge
offered for study at an accredited United States university or institution of higher
education.
Permanent, in reference to a research position, 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.
- Initial evidence. A petition for an outstanding professor or
researcher must be accompanied by:
- Evidence that the professor or researcher is recognized
internationally as outstanding in the academic field specified in the petition. Such
evidence shall consist of at least two of the following:
- Documentation of the alien's receipt of major prizes or
awards for outstanding achievement in the academic field;
- Documentation of the alien's membership in associations in
the academic field which require outstanding achievements of their members;
- Published material in professional publications written by
others about the alien's work in the academic field. Such material shall include the
title, date, and author of the material, and any necessary translation;
- Evidence of the alien's participation, either individually
or on a panel, as the judge of the work of others in the same or an allied academic field;
- Evidence of the alien's original scientific or scholarly
research contributions to the academic field; or
- Evidence of the alien's authorship of scholarly books or
articles (in scholarly journals with international circulation) in the academic field;
- Evidence that the alien has at least three years of
experience in teaching and/or research in the academic field. Experience in teaching or
research while working on an advanced degree will only be acceptable if the alien has
acquired the degree, and if the teaching duties were such that he or she had full
responsibility for the class taught or if the research conducted toward the degree has
been recognized within the academic field as outstanding. Evidence of teaching and/or
research experience shall be in the form of letter(s) from current or former employer(s)
and shall include the name, address, and title of the writer, and a specific description
of the duties performed by the alien; and
- An offer of employment from a prospective United States
employer. A labor certification is not required for this classification. The offer of
employment shall be in the form of a letter from:
- A United States university or institution of higher learning
offering the alien a tenured or tenure-track teaching position in the alien's academic
field;
- A United States university or institution of higher learning
offering the alien a permanent research position in the alien's academic field; or
A department, division, or institute of a private employer
offering the alien a permanent research position in the alien's academic field. The
department, division, or institute must demonstrate that it employs at least three persons
full-time in research positions, and that it has achieved documented accomplishments in an
academic field.
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