PR Sponsorship Via Outstanding Professor/Researcher

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.

Eligibility Requirements

There are three basic requirements for qualification:

1. 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. 

2. Generally three years of teaching and/or research experience in the academic field beyond the Ph.D.  In rare cases 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.

3. 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 “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 individually recognized 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.

1. Receipt of major prizes or awards for outstanding achievement in the academic field.  Evidence includes photocopies of prizes or awards, as well as evidence of the reputation of the organization granting the award, the significance of the award, and the criteria used to select the recipient. A letter explaining this should come from someone other than the applicant. For well known prizes such a Fulbright or Rhodes scholarship no explanation is necessary. Graduate assistantships and postdoctoral fellowships are generally not considered to be prestigious enough to satisfy this criterion.

2. Membership in associations in the academic field which require outstanding achievements of their members.  Evidence includes membership certificates, letters of nomination, or letters from associations which require outstanding achievement for membership.  Leadership positions are especially helpful. Documentation should also include a description of the association’s mission and the requirements which must be met for membership, such as by-laws of the organization or a letter of explanation from the association. Membership in a professional organization does not satisfy this criterion unless outstanding achievement is a pre-requisite for membership.

3. Published material in professional publications written by others about the employee’s work in the academic field.  According to USCIS , "an unevaluated listing in a subject matter index or footnote, or a reference to the work without evaluation is insufficient."  They require published material in international professional journals written by others (not past or present colleagues) about the applicant which specifically name the applicant.  Evidence includes photocopies of cover pages of publications and pages where the employee’s name appears, including footnotes, with title and date of publication. 

4. Evidence of the employee’s participation, either individually or on a panel, as the judge of the work of others in the same or an allied academic field.  A common example used for this category is evidence that the employee has served as a peer reviewer for professional journals.  Evidence includes photocopies of lists of editors, letters requesting review of publications, thank you letters. If the employee has served on a Ph.D. committee, this can also be included.  It is helpful to include an explanation of the criteria for selection as a panelist, reviewer, etc., such as widespread recognition or outstanding achievements in the field.

5. Evidence of the employee’s original scientific or scholarly research contributions to the academic field.  Evidence includes a complete list of professional presentations, patents, etc., including date, place, lists of speakers, criteria for selection, photocopies of invitations, conference papers, etc.  Evidence of the importance of such contributions, as well as the significance of the particular conference or event, to the field should also be included.  According to USCIS, "evidence that those outside the scholar's circle of colleagues and acquaintances consider the work important is especially valuable."  Detailed letters from recognized experts across the U.S., and possibly in other countries, are essential in this category.

6. Evidence of the employee’s authorship of scholarly books or articles (in scholarly journals with international circulation) in the academic field.  Evidence includes a complete list of publications, copies of at least 1-2 articles plus the title page and/or first page of publication showing title of article/book, title of journal, date, volume, and authorship. It can be important to explain the significance to the field of the publications in which they appeared, its circulation, and process for selection of articles.

Process

UT uses the law firm of Kramer Rayson to file all PR petitions. Hiring departments may not prepare or file immigration documents on their own, and attorneys other than Kramer Rayson may not prepare or file immigration documents on behalf of UT.

There are two main steps in the OPR process:

1. Filing a form I-140 with USCIS (this form renders the employee eligible for PR and is considered the university’s petition)

2. Filing a form I-485 with USCIS (this form is the request to adjust status to PR and is considered the employee’s petition)

The immigration attorney will guide the department and employee through each step of the process. Departments should read the attorney’s emails carefully and follow their instructions.

Costs

Estimated costs which must be paid by UT:

• $6,800 - $7,800 attorney fees to prepare the I-140 petition

• $715 for the USCIS filing fee for the I-140

Estimated costs which could be paid by either UT or by the employee:

• $1,440 for the USCIS filing fee for the I-485

• $2,000 attorney fees to prepare the I-485 petition

There is also an option to pay a $2,805 premium processing fee to USCIS to expedite their processing of the I-140. This fee guarantees a response from USCIS within 15 business days for the I-140. It does not guarantee that the employee will have a green card in only a few weeks, but it sometimes speeds up the overall process. This fee is often unnecessary, so please consult with ISSS before agreeing to pay it.

The total estimated cost is $7,515 - $11,955 (assuming premium processing isn’t used). The actual cost will be billed to the hiring department by the Office of the General Counsel.

All costs related to the filing of Labor Certifications and forms I-140 must be paid by UT and may not be paid by or reimbursed by the employee. Typically, the hiring department pays the costs for sponsoring their employee for PR, although some colleges might share the cost with the department.

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.

8 CFR 204.5(i)

8 CFR 204.5(i)(3)(iv)