EB-1 Evidence Standards

Clearer rules for EB-1 academics and researchers

On August 18, 2010 USCIS published its policy memo revising and making clearer the evidentiary standards for EB-1 Outstanding Professors/Researchers and Individuals with “Extraordinary Ability”. The new standards are a direct consequence of a Federal lawsuit (Kazarian vs. USCIS in the 9th Circuit) challenging the USCIS habit of making up the rules as it goes along. The new policy memo also sets out a two-part analysis to be applied to cases going forward: Part I: assessment of the evidence to see how many of the listed criteria (publications, judge of the work of peers, etc..) are met according to the list set down in the regulations, AS THE REGULATIONS ARE WRITTEN. Part II: final merits assessment based on the “totality of the evidence.” Phase II seems less clear but here is a chance for the immigration lawyer to put forward a compelling narrative of the case.

Article categories: NIW/EB-1/Outstanding Researchers and Professors

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