Immigration Law

A U.S employer (typically a university or hospital) that desires to employ a professor or researcher who is ?outstanding? in an academic field may file an employment-based petition. To qualify as a ?priority worker - outstanding professor or researcher,? an individual must meet each of the following evidentiary requirements set out in 8 CFR §204.5(i)(3) and 8 CFR §204.5(g).

A.   Evidence that the individual is recognized internationally
       as outstanding in the academic field;

B.   Evidence that the alien has at least three years of experience in teaching
       and/or research in the academic field;

C.  Provide an offer of employment from a prospective U.S. employer;

D.  Evidence that the U.S. employer is able to pay the proffered wages to the
individual.

Under 8 CFR §204.5(i)(3)(i), evidence that the individual is recognized internationally as outstanding in the academic field shall consist of at least two of the following:

? receipt of major, international prizes, awards, and recognition for the individual?s scholarly achievement;
? memberships in associations which require outstanding achievements;
? published material in professional publications written by others about the individual?s work in the academic field;
? evidence of participation as the judge of the work of others in the same or an allied academic field;
? evidence of original or scientific or scholarly research contributions to the academic field which have received worldwide recognition in the field ; or
? evidence of authorship of scholarly books or articles (in scholarly journals with international circulation) in the academic field.

If a foreign national satisfies these requirements as set forth in the regulations, and upon approval of the petition, the foreign national will be able to adjust their status to a lawful permanent resident.  Please do not hesitate to call us at 214-999-9999 and learn more about the outstanding researcher process.