sustained EB-1B Case: Medical Research

i&dtying dm deleted to 
prevent clearly unwarranted 
invasion of personal privacy 
PUBLIC COPY 
U.S. Department of Homeland Security 
20 Mass. Ave., N.W.. Rm. 3000 
Washington, DC 20529 
U. S. Citizenship 
and Immigration 
Services 
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. 3 1153(b)(l)(B) 
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. 
V 
hobert P. Wiemann, Chief 
Administrative Appeals Office 
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 
sustained and the petition will be approved. 
The petitioner is a medical research and development company. It seeks to classify the beneficiary as 
an outstanding researcher pursuant to section 203(b)(l)(B) of the Immigration and Nationality Act (the 
Act), 8 U.S.C. fj 1153(b)(l)(B). According to the petition, the petitioner seeks to employ the 
beneficiary in the United States as a research scientist. The director determined that the petitioner had 
not established that it employed at least three full-time researchers. 
On appeal, counsel submits a brief and additional evidence. 
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 
(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. 
(Emphasis added.) The petitioner submitted a grant application filed by the petitioner listing one 
principal investigator and eight co-investigators including the beneficiary, all of whom are listed as 
working for the petitioner. On December 13, 2005, the director requested evidence that the petitioner 
employed at least three full-time researchers. 
In response, the petitioner submitted a statement, Internet materials and resumes of its employees. 
Considering the employee's other responsibilities with the petitioner and other entities, the director 
concluded that the petitioner had not demonstrated that at least three of its employees were engaged in 
full-time research activities. 
On appeal, Dr. the petitioner's Vice President for Operations, asserts that 
he is a full-ti e petitioner who perfoms duties for other small organizations on his 
own time. Dr. rther asserts that his primary responsibilities for the petitioner are to 
direct research, making him a full-time res 
grant application as a co-inv 
time research and developm 
are research assistant 
resumes of Mr. Mr 
individuals were employed in 
the petitioner employs at least three individuals engaged in full-time research activities. 
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 met that burden. Accordingly, the appeal will be sustained and the 
petition will be approved. 
ORDER: 
 The appeal is sustained and the petition is approved.