NIW/EB-1/Outstanding Researchers and Professors

Start-up Visa for Entrepreneurs?

A NEW START-UP VISA FOR ENTREPRENEURS – TRUE? YES and NO On August 2, 2011, the Department of Homeland Security Secretary Napolitano and USCIS Director Mayorkas announced with much fanfare that foreign entrepreneurs could take advantage of the existing non-immigrant and immigrant visa system to gain status and permanent residency. See the DHS press release…. Read more »

EB-1 Evidence: Bar Raised

As if Extraordinary Ability wasn’t hard enough! Even more extraordinariness now required for EB-1! Recent federal court decision from Seattle shows how EB-1 is becoming even more difficult in light of the the new two-part analysis from Kazarian now codified into standard USCIS operating procedure. Even with a good showing of three out of the… Read more »

NIW/EB-1 winners

Clearer rules for a winning case:  Extraordinary Ability & Outstanding Professor/Researcher Under the new USCIS guidelines, we have more concrete guidelines for constructing a winning case. In a new policy memo that amends previous guidelines for USCIS examiners, USCIS has now walked through each of the possible evidentiary categories and clearly stated what they are… Read more »

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… Read more »