sustained EB-1B Case: Scientific Research

U.S. Department of Homeland Security 
20 Mass. Ave., N.W.. Rm. A3042 
Washington, DC 20529 
U.S. Citizenship 
and Immigration 
Services 
FILE: LIN 04 139 51430 Office: NEBRASKA SERVICE CENTER Date: A( I(; 2 2 2005 
IN RE: Petitioner: 
Beneficiary 
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. 5 1153(b)(l)(B) 
ON BEHALF OF PETITIONER: 
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. 
wobert P. Wiemann, Director 
Administrative Appeals Office 
LIN 04 139 51430 
Page 2 
DISCUSSION: The employment-based immigrant visa petition was denied by the Director, Nebraska Service 
Center, and is now before the Administrative Appeals Office on appeal. The appeal will be sustained and the 
petition will be approved. 
The petitioner is a university. 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. § 1 153(b)(l)(B). The petitioner 
seeks to employ the beneficiary in the United States as an assistant scientist. The director determined that the 
petitioner had not established that it had offered the beneficiary a permanent job as of the date of filing. 
On appeal, the petitioner submits evidence that the beneficiary's position is a civil service permanent 
appointment. 
Section 203(b) of the Act states, in pertinent part, that: 
(I) 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, 
(II) for a comparable position with a university or institution of higher 
education to conduct research in the area, or 
(In) 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. 5 204.5(i)(2), provides, in pertinent part: 
Permanent, in reference to a research position, means either tenured, tenure track, or 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. 
LIN 04 139 51430 
Page 3 
On Part 6 of the petition, the petitioner indicated that the proposed employment was a permanent posit~on. The 
petitioner submitted a letter fiom Dr.~ead of the petitioner's Southern Research and Outreach 
Center, addressed to Citizenship and Immigration Services (CIS), asserting that the petitioner had offered the 
beneficiary an assistant scientist position. This document does not constitute a job offer from the petitioner to 
the beneficiary. On May 6, 2004, the director requested evidence that the petitioner had extended a permanent 
job offer to the beneficiary. 
In response, the petitioner submitted a June 26, 2002 letter from 
t 
the petitioner's business 
manager, to the beneficiary offering him a position as a full-time assistant sc~entis In a separate letter, Dr. 
Associate Dean for Research and Outreach for the petitioner, asserts that the position has no 
concluded that the only letter addressed to the beneficiary did not reference the length of 
the appointment and, thus, did not constitute a permanent job offer. 
On appeal, the petitioner submits a new letter to the beneficiary confirming the terms of the July 1, 2002 
appointment. The new letter confirms that the position of assistant scientist is a civil service position with no 
end date that has an "indefinite duration subject to Civil Service Rules on just cause disciplinary action." The 
record now establishes that the petitioner offered the beneficiary the position of assistant scientist prior to the 
filing date and that the position of assistant scientist is a civil service permanent position requiring cause for 
termination. 
The burden of proof in these proceedings rests solely with the petitioner. Section 291 of the Act, 8 U.S.C. 
5 1361. The petitioner has sustained that burden. 
ORDER: The decision of the director is withdrawn. The appeal is sustained and the petition is approved.