dismissed EB-1B Case: Academia / Research

U.S. Department nf Homeland Security 
20 Mass. Ave., N.W., Km. A3042 
Washington. DC 20529 
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FILE: 0 Office: VERMONT SERVICE CENTER ~ate:%? : 5 2005 
EAC 05 061 50182 
PETITION: Immigrant Petition for Alien Worker as Outstanding Professor or Researcher Pursuant to 
Section 203(b)(l)(B) of the Immigration and Nationality Act, 8 U.S.C. # 1153(b)(l)(B) 
ON BEHALF OF PETITIONER: 
SELF-REPRESENTED 
This is the decision of the Administrative Appeals Office in your case. All documents have been returned to 
the office that originally decided your case. Any further inquiry must be made to that office. 
CL- 
Robert P. Wiemann, Director 
Administrative Appeals Office 
DISCUSSION: The employment-based immigrant visa petition was denied by the Director, Vennont Service 
Center, and is now before the Administrative Appeals Office on appeal. The appeal will be dismissed. 
The petitioner seeks to classify himself as an outstanding researcher pursuant to section 203(b)(l)(B) of the 
Immigration and Nationality Act (the Act), 8 U.S.C. 3 1153(b)(l)(B). 
Section 203(b) of the Act states, in pertinent part, that: 
(1) Priority Workers. -- Visas shall first be made available . . . to qualified immigrants who :ire 
aliens described in any of the following subparagraphs (A) through (C): 
(B) Outstanding Professors and Researchers. -- An alien is described in this 
subparagraph if -- 
(i) the alien is recognized internationally as outstanding in a specific academic 
area, 
(ii) the alien has at least 3 years of experience in teaching or research in the 
academic area, and 
(iii) the alien seeks to enter the United States -- 
(I) for a tenured position (or tenure-track position) withln a university or 
institution of higher education to teach in the academic area, 
(11) for a comparable position with a university or institution of higher 
education to conduct research in the area, or 
(III) for a comparable position to conduct research in the area with a 
department, division, or institute of a private employer, if the department, 
division, or institute employs at least 3 persons full-time in research 
activities and has achieved documented accomplishments in an academic 
field. 
The regulation at 8 C.F.R. $204.5(i)(l) provides: 
Any United States employer desiring and intending to employ a professor or researcher who is 
outstanding in an academic field under section 203(b)(l)(B) of the Act mayfile an 1-140 visa 
petition for such classification. 
(Emphasis added.) 
The director denied the petition because the petition was improperly filed by the alien seeking c1assific;ition as 
an outstanding researcher instead of by an employer. 
Page 3 
On appeal, the petitioner states he is an alien of extraordinary ability, a separate classification. On Part 2 of the 
Fonn 1-140, the petitioner checked the box for Outstanding Professor or Researcher. He listed his proposed 
employment as professor and researcher on Part 6 of the petition. As such, we cannot conclude that the director 
erred in adjudicating the petition as one seelung to classify the petitioner as an outstanding professor or 
researcher. According to the statue and regulations quoted above, petitions under the classification sought must 
be filed by a U.S. employer. The instant petition was not filed by a U.S. employer. As such, the director 
properly denied the petition on that ground alone without consideration of the merits. 
The burden of proof in these proceedings rests solely with the petitioner. Section 291 of the Act, 8 U.S.C. 
$ 1361. The petitioner has not sustained that burden. Accordingly, the appeal will be dismissed. This denial is 
without prejudice to the filing of a new petition by a United States employer. 
ORDER: The appeal is dismissed.