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Overview
The Outstanding Professor/Researcher (OPR) path to PR can be a good option for employees who have risen to the top of their field and can document their outstanding qualifications. This path has a high bar for eligibility, so not every employee will qualify. Compiling the necessary evidence can be time-consuming, and the employee will need to make it a priority if this path is chosen. The OPR path is an EB-1 category of PR, which means that it is less likely that the employee will face a backlog when they get to the I-485 stage of the process. This can sometimes make the overall time to a green card shorter in this category, especially for nationals of countries with high rates of immigration to the US.
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Employment or an offer of employment for a tenured or tenure-track position, or a comparable “permanent” research position. USCIS defines a “permanent” position as one that is “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.” UT does not consider Post Doctoral Researchers to be permanent. Please refer to the UT policy statement regarding “soft money” or “R” accounts supporting a position.
Generally three years of teaching and/or research experience in the academic field beyond the Ph.D. In rare cases research work done experience acquired during the Ph.D. may be counted, but the work must be documented as being well beyond the normal requirements to obtain a Ph.D. Per university policy, the university will not file a permanent resident petition in the OPR category prior to two full years of full-time employment.
International recognition as being "outstanding" in the academic field. Submitting evidence in at least 2 out of 6 specific categories defined by USCIS as establishing international recognition, discussed below.
Documentation of
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“Outstanding” Qualifications
Evidence of the employee’s qualifications in at least two of the following areas must also be presented. Most applicants under this category submit documentation in three or four areas. In addition, USCIS requires explanations of the significance of the documentation submitted, and how it demonstrates the individual’s international recognition as outstanding in the field.
USCIS wants proof that the applicant is individuallyrecognized internationally as being outstanding. Although they realize that much academic research is carried out in groups, the applicant must stand out from the other members of the group as individually outstanding on an international level.
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The costs related to preparing and filing form I-485 may be paid by either the employee or by the hiring department. The university may not pay any costs associated with applications filed for dependents of the employee. Costs for dependents of the employee must be paid by the employee.
Regulatory Background
The following regulations form the basis for OPR policy at the University of Tennessee.
Any United States employer desiring and intending to employ a professor or researcher who is outstanding in an academic field under section 203(b)(1)(B) of the Act may file an I-140 visa petition for such classification.
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; or
A United States university or institution of higher learning offering the alien a permanent research position in the alien's academic field