Is the position intended to continue?
The evidence should show that the research position is not designed to end after a short fixed project or temporary appointment.
EB1B Research Structure
EB1B Permanent Research Position: What the Employment Offer Must Establish
For an EB1B researcher, the offered research position must generally be permanent within the regulatory meaning. The central question is not simply whether the offer letter uses the word permanent, but whether the position is of indefinite or unlimited duration with an ordinary expectation of continued employment.
Regulatory Meaning
Analyze the Position, Not Merely the Contract Term
Is continued employment ordinarily expected?
The nature of the position should support an expectation of ongoing employment.
What do the surrounding facts show?
Funding history, institutional practice, prior renewals and employer intent can help explain the actual nature of the position.
Position Evidence
Documents That Can Clarify the Nature of the Research Appointment
Offer Letter Position title, terms and employer’s
intention to employ.
Employment Agreement Duration and terms of the appointment.
Employer Declaration Explains expectation of continued employment.
HR Policy Institutional treatment of the research position.
Funding History May demonstrate continuing research support.
Prior Renewals Evidence that comparable positions
ordinarily continue.
Organizational Structure Shows that the position is part of
an ongoing research operation.
Benefits and Employment Terms May help place the appointment
in institutional context.
Grant Funded Positions
A One Year Funding Cycle Does Not Always Mean the Research Position Is Temporary
Research institutions often operate through grants that renew on annual or multi year cycles.
The actual question is whether the employer intends the research position to continue and whether the surrounding circumstances support a reasonable expectation of ongoing employment. Evidence of continued funding efforts and prior renewals may help establish the nature of the appointment.
Common Mistake
Do Not Rely on the Word “Permanent” Alone
Weak
“This is a permanent position.”
A conclusory statement may leave unanswered questions about duration, funding and the actual expectation of continued employment.
Stronger
Explain why the position is continuing in nature.
Describe the research program, normal employment practice, funding history and employer’s expectation that the researcher will continue in the position.
Separate Requirement
A Permanent Position Does Not Replace the Three Years of Experience Requirement
Common Questions
Permanent Research Position FAQ
Does the offer letter have to use the word permanent?
The substance of the position is more important than relying on a label alone.
Can a grant funded research position qualify?
Potentially. USCIS has recognized that research appointments funded in increments may still meet the permanent research position requirement when the surrounding evidence establishes the required expectation of continued employment.
Is a postdoctoral fellowship normally a permanent research position?
A temporary fellowship or training appointment may create a significant issue because the nature of the position may be limited in duration.
Is tenure required for a researcher?
No. A qualifying permanent research position may satisfy the structural requirement even when the position is not a tenured teaching position.
Primary Legal Sources USCIS Policy Manual — Outstanding Professor or Researcher 8 C.F.R. § 204.5(i)