USCIS Issues Final Guidance Regarding Certain EB-1 & EB-2 Petitions

By: The Chander Law Firm, P.C.

On December 22, 2010, USCIS issued a final policy memorandum regarding the evaluation of evidence submitted with certain EB-1 and EB-2 petitions.

The memorandum provided USCIS field adjudicators guidance on EB-1 petitions for Aliens of Extraordinary Ability, EB-1 petitions for outstanding professors or researchers, and EB-2 aliens of exceptional ability.  The memorandum makes final interim regulation issued in August 2010.

In the memorandum, USCIS expressly adopts the standards set out in Kazarian v. USCIS, 596 F.4d 1115 (9th Cir. 2010) which set out a two part standard for reviewing evidence.  The standard requires the adjudicator, first, determine whether the petitioner has submitted the required evidence that meets the parameters set out and, second, determine whether the evidence is sufficient to demonstrate the high level of expertise required. 

 USCIS has implemented these standards by making changes to Chapter 22.2 of the Adjudicators Field Manual.

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Vishal Chander
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