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.