我收到USCIS对我的EB1-杰出研究员I-140 的Request For Evidence ，他们问的问题我的雇主的“学术记录(employer's academic record),”and if 我的工作是“永久性/无限期?(permanent)?"。我的雇主不是大学。这是一个小型初创公司的雇员总数为8，4人是博士,从事研究。Please help. 在此先感谢。

Answer:

The EB1-OR petition can be filed by a private company, if it has at least 3 full-time researchers, and the company as a whole has contributed significantly to academic research. The latter could be a problem for a small start-up company.

Many small start-up companies do not publish academic papers. They develop products to sell in the market, or provide services to others. Also, for EB1-OR petition, it is not enough if the three researchers have academic tracking records. The company as a whole should have tracking records also. For a startup company, it is difficult to meet this requirement.

For your case, you need to provide evidence of your academic achievement and your company's academic tracking records, including other researchers' academic contribution to the field. Also, you may want to get an reference letter from your VP or HR office, saying that your job is stable and "permanent", which is required by the EB1-OR regulation. http://www.greencardapply.com/question/question09/question09_0429.htm



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