Handout

Re: Priority Worker Petition as an Outstanding Researcher

To qualify as an outstanding researcher under the Priority Worker category, the three requirements set forth below must be established under 8 C.F.R. § 204.5(i).

1. The professor or researcher must be outstanding in his or her academic field, as evidenced by a demonstration of at least two of the following:

a. Prizes or awards for outstanding achievement;

b. Membership in associations that require outstanding achievement as a condition of membership;

c. Published material about his or her work;

d. His or her experience judging others' work;

e. Original scientific or scholarly research; or

f. Authorship of scholarly books or articles.

2. The professor or researcher must have an offer of a permanent research position in the professor/researcher's academic field from a prospective U.S. employer. It must be shown that the sponsoring entity employs at least three full-time researchers, and that the organization has achieved documented accomplishments in an academic field.

3. The professor or researcher must have at least three years experience in teaching or research. Note that research or teaching gained while working on an advanced degree may count toward the three year requirement, but only if the research is recognized as outstanding or it the alien had full responsibility for the courses taught.

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Practicing nationwide and located in San Francisco, California, Van Der Hout, Brigagliano & Nightingale, LLP, is a full-service United States immigration law firm representing families, individuals, and business clients in the Bay Area and throughout California including San Mateo County, Contra Costa County, Alameda County, Marin County, Santa Clara County, Sacramento County, San Joaquin County, Stanislaus County, Humboldt County, and Orange County, as well as cities such as Daly City, Oakland, Alameda, Fairfield, Hayward, Livermore, Vallejo, Vacaville, Walnut Creek, Brentwood, Concord, Antioch, San Rafael, Novato, San Jose, Santa Cruz, Milpitas, Campbell, Sunnyvale, Stockton, Tracy, Modesto, Turlock, Fresno, Chico, Los Angeles, San Diego, Napa, Richmond, Redwood City, Redding, Ukiah, Lodi, Fremont, Hayward, Santa Rosa, Merced, Rocklin, Monterey, Yuba City, Clovis, and Madera.

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