Extract to table

This 240-day period extends through approximately January 26, 2026, by which time the H-1B extension must be adjudicated to avoid any lapse in employment authorization

The resolution of the H-1B RFE has indirect but important implications for the EB-1B petition: the job description and educational requirements set forth in the H-1B petition must remain materially consistent with those presented in the EB-1B petition

To qualify for classification as an outstanding researcher under this provision, the petitioner must establish a three-part test

Each of these three elements must be independently satisfied

For a private employer such as OWS — as distinguished from a university or institution of higher education — the regulation imposes two additional showing requirements: (a) The employer must demonstrate that it employs at least three persons full-time in research positions; and (b) The employer must have achieved documented accomplishments in the academic field

Additionally, the position must be "permanent" in nature — that is, it must be an ongoing, indefinite, or unlimited-duration position, rather than a temporary, fixed-term, contract, or project-based engagement