The U.S. Citizenship and Immigration Services (USCIS) has recently raised the bar for adjudicating petitions in the Extraordinary Ability and Outstanding Professor or Researcher categories. In an update to its policy manual, the agency has set out new guidance for evaluating eligibility criteria for the EB-1A (extraordinary ability) and EB-1B (outstanding professor or researcher) employment-based immigrant visa classifications. This development may have wide-ranging implications for highly skilled immigrants and their employers.
This shift in adjudicatory approach appears aftermath of the agency’s aim to maintain the integrity and fidelity of these esteemed categories and to ensure that these visa preferences are indeed accorded to those who display truly exceptional abilities in their fields.
Notably, the guidance paints a picture of a multi-tiered review process. The first tier aims at determining whether applicants have endurance three out of ten criteria set out by the agency. However, meeting these criteria is no silver bullet to approval, as the second tier of examination verifies if the amassed evidence is indicative of a sustained national or international acclaim.
Moreover, it calls for the USCIS officers to now take a more holistic approach when reviewing the submitted evidence. They are asked to explore beyond simply examining whether a certain criteria has been met; they are now asked to look at the probative value of the evidence as well.
While this change provokes a considerable amount of speculation, high-skilled immigrants and their employers are advised to consult with their immigration counsel to understand how this update may affect their petitions.
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