l*****d
发帖数: 7963 | 1 【 以下文字转载自 Immigration 讨论区 】
发信人: ohliumliu (htmm), 信区: Immigration
标 题: Re: 一个stupid问题：拿到offer但还没开始工作可以申请EB1b吗
发信站: BBS 未名空间站 (Tue Dec 13 18:46:13 2011, 美东)
这是讨论申请人算不算三个研究人员之一时候提到的一段，从AAO的administrative
decision里面抄下来的。头几句似乎暗示有一种可能雇员还没开始工作，但已有了
offer。
If an alien researcher is currently outside the United States, and intends
to enter the United States with an immigrant visa, then the prospective
employer must already employ at least three full-time researchers in the
relevant department, division, or institute. In such a case, the three
researchers obviously do not include the alien. Thus, the statutory
construction demonstrates that the alien must seek to become the fourth
researcher in a company that already employs three other researchers. In
instances where the alien is already in the United States as a nonimmigrant,
and the alien has joined two other researchers to become the third
researcher, then the employer does not satisfy the statutory construction.
There is no regulatory or statutory justification for the arbitrary
assumption that a company too small to petition for a worker who is still
overseas can, nevertheless, petition for that same worker if the worker is
already in the United States as a nonimmigrant. Therefore, we find that the
position held by the alien beneficiary shall not be counted as one of the
three persons involved full-time in research activities. |
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