EB1B Permanent Research Position
EB1B outstanding professor or researcher classification requires a qualifying U.S. employment offer. For researchers, one of the most important questions is whether the offered research position qualifies as permanent.
A permanent research position does not necessarily mean guaranteed lifetime employment. The immigration definition focuses on whether the position is tenured, tenure track, or of indefinite or unlimited duration with an ordinary expectation of continued employment unless there is good cause for termination.
For the general classification, review EB1B outstanding professor or researcher.
What Does Permanent Mean for EB1B?
For an EB1B research position, permanent generally means that the position is:
- tenured;
- tenure track; or
- for a term of indefinite or unlimited duration in which the employee ordinarily expects continued employment unless there is good cause for termination.
The title of the position is less important than the actual terms of employment.
Does the Job Offer Have to Say “Permanent”?
No single word determines eligibility.
An offer letter that uses the word “permanent” may still create problems if the underlying appointment is expressly limited to a short period. Conversely, a research position may qualify even if the employer normally describes it as an indefinite appointment rather than using the word “permanent.”
Indefinite Research Positions
Many universities and research institutions employ research scientists, staff scientists and similar professionals through appointments that do not have a fixed expiration date.
These positions may potentially satisfy the EB1B permanent-position requirement when the evidence shows an expectation of continued employment unless there is good cause for termination.
Fixed-Term Appointments
A position expressly limited to one year, two years or another fixed period may be difficult to characterize as permanent.
This issue frequently arises with:
- postdoctoral fellowships;
- visiting researcher appointments;
- temporary faculty positions;
- research fellowships;
- project appointments ending on a specified date; and
- training positions with defined maximum durations.
Review EB1B for postdoctoral researchers.
Grant-Funded Research Positions
A research position is not necessarily temporary solely because the employer uses grant funding.
Research universities and laboratories frequently fund positions through grants that must be renewed periodically. The relevant inquiry is the nature of the employment relationship and whether the institution reasonably expects continuing employment, rather than merely whether a particular grant has an expiration date.
The employer may need to explain its funding history and expectations where the appointment could otherwise appear temporary.
Useful Evidence of Permanency
Depending on the case, useful evidence may include:
- an offer letter describing the position as indefinite;
- an employment agreement without a fixed end date;
- a university appointment letter;
- human resources confirmation of the position’s duration;
- institutional policies governing the position;
- evidence that similarly situated researchers remain employed indefinitely;
- documentation concerning continuing research funding; and
- a detailed employer letter explaining the expectation of continued employment.
Research Scientist Positions
A research scientist title can potentially qualify, but the title by itself is not enough.
The employer should document whether the position is indefinite, whether continued employment is expected and whether the appointment is distinguishable from a temporary fellowship or training position.
Staff Scientist Positions
Staff scientist positions are often structured as long-term research appointments. They can be strong candidates for EB1B sponsorship when the employment terms satisfy the regulatory definition of permanent.
Postdoctoral Researchers
A traditional postdoctoral appointment is often temporary and intended as a period of advanced training. Accordingly, the current postdoc position may not satisfy the permanent-position requirement.
A postdoc who receives an offer for a permanent research scientist, staff scientist or comparable role may nevertheless qualify based on the new position.
University Researchers
A U.S. university or institution of higher education may sponsor an outstanding researcher for a permanent research position in the academic field.
The institution should provide a written offer clearly explaining the position.
Private Research Employers
A qualifying private employer may also offer a permanent research position through a department, division or institute that satisfies the additional private-employer requirements.
Review EB1B private employer requirements.
Permanent Position Versus Three Years of Experience
These are separate EB1B requirements.
The three-year rule concerns the beneficiary’s past teaching or research experience. The permanent-position rule concerns the future U.S. employment offered by the petitioner.
Review the EB1B three-year experience requirement.
Permanent Position Versus International Recognition
A qualifying job offer does not establish that the researcher is internationally recognized as outstanding.
The petitioner must separately establish the beneficiary’s qualifications and international recognition.
What Should the Employer Letter Explain?
A useful employer letter may identify:
- the exact position title;
- the academic area;
- the research duties;
- whether the position has a fixed end date;
- the expectation of continued employment;
- circumstances under which employment may be terminated; and
- where appropriate, the institution’s continuing funding structure.
Common Permanent-Position Problems
- using a one-year offer letter without addressing renewal or permanency;
- assuming every research scientist title is automatically permanent;
- relying only on the employer’s use of the word “permanent”;
- failing to distinguish a fellowship from an indefinite research appointment;
- failing to explain grant-funded employment; and
- confusing current employment with the position offered in the I-140 petition.
EB1B RFE Guide
Primary Legal Sources
Document the Employment Terms Clearly
The EB1B petition should allow USCIS to determine from the evidence that the offered research position satisfies the regulatory definition rather than requiring the officer to infer permanency from a job title.
Contact The Messersmith Law Firm to request an EB1B evaluation.
This page provides general immigration information and is not legal advice.