dismissed
EB-1B
dismissed EB-1B Case: Research
Decision Summary
The appeal was dismissed because the petition was improperly filed by the alien himself, rather than by a U.S. employer as required for the Outstanding Professor or Researcher classification. The regulations explicitly state that a United States employer must file the petition. Submitting a job offer on appeal could not cure this fundamental defect, as eligibility must be established at the time of filing.
Criteria Discussed
Employer Filing Requirement Job Offer Requirement
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