A September 14, 2009 USCIS memo from Donald Neufeld confirms USCIS's interpretation that E12 petitions for Outstanding Professors or Researchers can generally not be filed by "government agencies at the federal, state, or local level...unless the government agency is shown to be a U.S. university or an institution of higher learning." This guidance is based on an interpretation of INA section 203(b)(1)(B), which USCIS reads as limiting this category to positions with universities, institutions of higher learning, and "private" employers.