dismissed EB-1B Case: Research

identifying data deleted to 
prevent clearly unwarranted 
invasion of persanal privacy 
U.S. Department of Homeland Security 
20 Mass. Ave., N.W., Rm. 3000 
Washington, DC 20529 
US. Citizenship 
and Immigration 
Services 
FILE: LRV 06 188 52854 Office: NEBRASKA SERVICE CENTER Date: m2~2007 
PETITION: 
 Immigrant Petition for Alien Worker as Outstanding Professor or Researcher Pursuant to 
Section 203(b)(l)(B) of the Imrmgration and Nationality Act, 8 U.S.C. 5 1 153(b)(l)(B) 
ON BEHALF OF PETITIONER: 
SELF-REPRESENTED 
INSTRUCTIONS: 
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. 
L /- 
>&kRobert P. Wiemann, Chief 
Administrative Appeals Office 
LIN 06 188 52854 
Page 2 
DISCUSSION: The Director, Nebraska Service Center, denied the employment-based immigrant visa 
petition, which 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. 5 1 153(b)(l)(B). The director determined that 
the petitioner self-petitioned in a classification that requires a U.S. employer petitioner. 
On appeal, the petitioner submitted evidence of his past employment. Subsequently, the petitioner 
submitted his curriculum vitae. This evidence cannot overcome the fact that the petitioner is statutorily 
ineligible to self-petition for the classification sought, which requires a job offer from a U.S. institution 
of higher education or a private employer as discussed below. 
Section 203(b) of the Act states, in pertinent part, that: 
(1) Priority workers. -- Visas shall first be made available . . . to qualified immigrants 
who are 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) within 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 
(111) 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 fkll-time 
LIN 06 188 52854 
Page 3 
in research activities and has achieved documented accomplishments 
in an academic field. 
The regulation at 8 C.F.R. 5 204.5(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 1-1 40 visa petition for such classification. 
(Emphasis added.) 8 C.F.R. 5 204.5(i)(3)(iii) provides that a petition must be accompanied by: 
An offer of employment fiom 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 fiom: 
(A) 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; 
(B) A United States university or institution of higher learning offering the alien 
a permanent research position in the alien's academic field; or 
(C) 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 acheved documented 
accomplishments in an academic field. 
The director denied the petition for lack of a job offer and because the petition was filed by the alien 
seeking classification as an outstanding researcher instead of by an employer. 
The petitioner's submissions on appeal do not address the basis for denial and cannot overcome the 
petitioner's statutory ineligibility to self-petition for the classification sought. 
The burden of proof in these proceedings rests solely with the petitioner. Section 291 of -the Act, 
8 U.S.C. 5 1 36 1 . 
 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.