Permanent Position for EB1 Outstanding Researcher or Professor and the Employment "At Will"

Permanent Position for EB1 Outstanding Researcher or Professor and the Employment "At Will" Question: I am from a visa retrogressed country with EB2 National Interest Waiver (EB2 NIW) pending. I am planning to apply for EB1-Outstanding Researcher or Professor (EB-1B) through employer, which is a small state college. The question is my employer willing to sign the Form I-140 petition but stating I am a full time researcher with employment at will. Is it necessary to state I have a "permanent position" for EB1 Outstanding Researcher or Professor petition? Answer: According to USCIS, the “good cause for termination” clause has been an important issue when adjudicating EB1-Outstanding Researcher or Professor petitions. This clause should be included in employment offers to ensure that the job is not “at will” employment. However, USCIS also indicated that EB1-Outstanding Researcher or Professor petitions should not be denied simply because the offer of employment is lacking a “good cause for termination” clause. Therefore, the employment "at will" is also accepted by USCIS for EB1-Outstanding Researcher or Professor petitions, since USCIS considers it is a common business practice to have such clause in the job offer letters. If the employment "at will" cause is in your job offer, then in the EB-1B petition, your employer needs to demonstrate that your research position will have “an expectation of continued employment.” http://www.greencardapply.com/or.htm http://www.greencardapply.com/question/question15/EB1B_Employment_042615.htm