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08-31 09:40 AM
USCIS has released a new interim memo which clarified the method of analysis by USCIS officers that they must use in adjudicating Form I-140, Immigrant Petition for Alien Workers, filed for 1) Alien of Extraordinary Ability EB1A cases; 2) Outstanding Professor or Researcher EB1B cases; and 3) Alien of Exceptional Ability EB2 cases. The requirements for these types of I-140 petitions have not changed but this new method of evaluating the merits of cases may adversely impact those applying for immigration in these categories. This interim memo is a response to the U.S. 9th Circuit Court of Appeals decision in Kazarian v. USCIS on March 4, 2010. In the Kazarian ruling, the court held that USCIS was being too strict in deciding EB1A petitions by requiring extensive citation evidence and specific types of peer review work in order to meet the EB1A criteria. However, the court did rule that USCIS could consider evidence such as extensive citations in making a final merits review of the case to determine whether an alien is at the very top of his or her field.
In essence, the new USCIS interim memo breaks the evaluation process up into two parts � 1) evaluating whether the applicant meets the baseline criteria for the immigration category and 2) determining whether the applicant�s evidence demonstrates the required high level of expertise for the immigration category. In the second part of the review process the USCIS will evaluate the evidence to see if, as a whole, it proves by a preponderance of the evidence that the applicant is at the very top of his or her field of endeavor. This article will explain how the evaluation will be handled for affected EB1A and EB1B I-140 petitions.
For the first step in evaluating EB1A cases, the officer will check to see if evidence is provided to show that the applicant has met at least three of the following ten criteria:
1. Documentation of the alien's receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor;
2. Documentation of the alien's membership in associations in the field for which classification is sought, which require outstanding achievements of their members, as judged by recognized national or international experts in their disciplines or fields;
3. Published material about the alien in professional or major trade publications or other major media relating to the alien's work in the field for which classification is sought;
4. Evidence of the alien's participation, either individually or on a panel, as a judge of the work of others in the same or an allied field of specialization for which classification is sought;
5. Evidence of the alien's original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the field;
6. Evidence of the alien's authorship of scholarly articles in the field, in professional or major trade publications or other major media;
7. Evidence of the display of the alien's work in the field at artistic exhibitions or showcases;
8. Evidence that the alien has performed in a leading or critical role for organizations or establishments that have a distinguished reputation;
9. Evidence that the alien has commanded a high salary or other significantly high remuneration for services, in relation to others in the field;
10. Evidence of commercial successes in the performing arts, as shown by box office receipts or record, cassette, compact disk, or video sales.
After the officer has determined by a preponderance of the evidence that at least three of these criterion have been met, he or she moves into the second part of the review. For EB1A cases, the second part of the review involves determining whether the applicant has achieved a level of expertise indicating that he or she is one of a small percentage who has risen to the very top of the field of endeavor, he or she has shown sustained national or international acclaim, and his or her achievements have been recognized in the field of expertise. This basically means that the officer will look at all the evidence as a whole and determine if the case is approvable. This new standard may decrease the number of approved cases since, by implementing this secondary review process, USCIS officers have the discretion to deny cases even if three EB1A criteria have been technically met.
New Evaluation Process For EB1B Cases
For the first step in evaluating EB1B cases, the officer will check to see if evidence is provided to show that the applicant has met at least two of the following six criteria:
1. Documentation of the alien's receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor;
2. Documentation of the alien's membership in associations in the field for which classification is sought, which require outstanding achievements of their members, as judged by recognized national or international experts in their disciplines or fields;
3. Published material about the alien in professional or major trade publications or other major media relating to the alien's work in the field for which classification is sought;
4. Evidence of the alien's participation, either individually or on a panel, as a judge of the work of others in the same or an allied field of specialization for which classification is sought;
5. Evidence of the alien's original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the field;
6. Evidence of the alien's authorship of scholarly articles in the field, in professional or major trade publications or other major media;
For the second part of the review for EB1B cases, the officer will make a final merit determination on whether or not the applicant has, by a preponderance of the evidence, demonstrated that he or she is recognized internationally as outstanding in a specific academic area. Therefore, simply showing that two of the criterion have been met does not necessarily mean that the case will be approved. This, in turn, greatly expands the USCIS officer�s discretion in deciding which cases to approve.
Prior to this USCIS memo, the evidence was evaluated only in the context of meeting the necessary criteria for each type of case. Now by adding a second �final determination on the merits� phase of review, USCIS officers have more flexibility in denying cases or issuing Request For Evidence notices even if the baseline criteria has been met. This memo essentially gives the USCIS officer wider discretion in adjudicating EB1 cases since it has added a new level of review which follows a fairly subjective standard. As a result it is very possible that immigration through the EB1A, EB1B, and EB2 Exceptional Ability categories will become more difficult than it has been in the past. However, due to the recent immigrant visa retrogression for people born in India and China, there is an increasing number of Chinese and Indians who choose to apply through the EB1A or EB1B categories rather than wait for visa availability in the EB2 category. Hence, we recommend to consult a qualified immigration professional before proceeding with EB1 and EB2 cases.
More... (http://www.visalawyerblog.com/2010/08/eb1_new_review_processes_based.html)
In essence, the new USCIS interim memo breaks the evaluation process up into two parts � 1) evaluating whether the applicant meets the baseline criteria for the immigration category and 2) determining whether the applicant�s evidence demonstrates the required high level of expertise for the immigration category. In the second part of the review process the USCIS will evaluate the evidence to see if, as a whole, it proves by a preponderance of the evidence that the applicant is at the very top of his or her field of endeavor. This article will explain how the evaluation will be handled for affected EB1A and EB1B I-140 petitions.
For the first step in evaluating EB1A cases, the officer will check to see if evidence is provided to show that the applicant has met at least three of the following ten criteria:
1. Documentation of the alien's receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor;
2. Documentation of the alien's membership in associations in the field for which classification is sought, which require outstanding achievements of their members, as judged by recognized national or international experts in their disciplines or fields;
3. Published material about the alien in professional or major trade publications or other major media relating to the alien's work in the field for which classification is sought;
4. Evidence of the alien's participation, either individually or on a panel, as a judge of the work of others in the same or an allied field of specialization for which classification is sought;
5. Evidence of the alien's original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the field;
6. Evidence of the alien's authorship of scholarly articles in the field, in professional or major trade publications or other major media;
7. Evidence of the display of the alien's work in the field at artistic exhibitions or showcases;
8. Evidence that the alien has performed in a leading or critical role for organizations or establishments that have a distinguished reputation;
9. Evidence that the alien has commanded a high salary or other significantly high remuneration for services, in relation to others in the field;
10. Evidence of commercial successes in the performing arts, as shown by box office receipts or record, cassette, compact disk, or video sales.
After the officer has determined by a preponderance of the evidence that at least three of these criterion have been met, he or she moves into the second part of the review. For EB1A cases, the second part of the review involves determining whether the applicant has achieved a level of expertise indicating that he or she is one of a small percentage who has risen to the very top of the field of endeavor, he or she has shown sustained national or international acclaim, and his or her achievements have been recognized in the field of expertise. This basically means that the officer will look at all the evidence as a whole and determine if the case is approvable. This new standard may decrease the number of approved cases since, by implementing this secondary review process, USCIS officers have the discretion to deny cases even if three EB1A criteria have been technically met.
New Evaluation Process For EB1B Cases
For the first step in evaluating EB1B cases, the officer will check to see if evidence is provided to show that the applicant has met at least two of the following six criteria:
1. Documentation of the alien's receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor;
2. Documentation of the alien's membership in associations in the field for which classification is sought, which require outstanding achievements of their members, as judged by recognized national or international experts in their disciplines or fields;
3. Published material about the alien in professional or major trade publications or other major media relating to the alien's work in the field for which classification is sought;
4. Evidence of the alien's participation, either individually or on a panel, as a judge of the work of others in the same or an allied field of specialization for which classification is sought;
5. Evidence of the alien's original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the field;
6. Evidence of the alien's authorship of scholarly articles in the field, in professional or major trade publications or other major media;
For the second part of the review for EB1B cases, the officer will make a final merit determination on whether or not the applicant has, by a preponderance of the evidence, demonstrated that he or she is recognized internationally as outstanding in a specific academic area. Therefore, simply showing that two of the criterion have been met does not necessarily mean that the case will be approved. This, in turn, greatly expands the USCIS officer�s discretion in deciding which cases to approve.
Prior to this USCIS memo, the evidence was evaluated only in the context of meeting the necessary criteria for each type of case. Now by adding a second �final determination on the merits� phase of review, USCIS officers have more flexibility in denying cases or issuing Request For Evidence notices even if the baseline criteria has been met. This memo essentially gives the USCIS officer wider discretion in adjudicating EB1 cases since it has added a new level of review which follows a fairly subjective standard. As a result it is very possible that immigration through the EB1A, EB1B, and EB2 Exceptional Ability categories will become more difficult than it has been in the past. However, due to the recent immigrant visa retrogression for people born in India and China, there is an increasing number of Chinese and Indians who choose to apply through the EB1A or EB1B categories rather than wait for visa availability in the EB2 category. Hence, we recommend to consult a qualified immigration professional before proceeding with EB1 and EB2 cases.
More... (http://www.visalawyerblog.com/2010/08/eb1_new_review_processes_based.html)
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franklin
06-20 10:36 AM
For 485, EAD and AP , Do we need get three quarter old fashion photo . I mean facing diagonal or facing straight to camera? I believe old one was looking diagonal to camera.
No - see the links i posted originally
No - see the links i posted originally
MightyIndian
11-05 08:47 PM
I think - there will be more people in AF Unit this consulate
As Hyderabad is very popular in those lines.
What is AF unit?
As Hyderabad is very popular in those lines.
What is AF unit?
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radhay
05-06 07:50 AM
Hi, Did they also request paystubs in the RFE ?
more...
gparr
January 20th, 2004, 10:52 PM
Interesting. This is my first autofocus camera. Maybe I'm trusting autofocus too much? I'll try again with a smaller aperture and maybe do a manual focus. Maybe it's just a learning curve, but I have this camera with all of this automation and it seems that, more often than not, I'm shooting in manual mode and now considering using manual focus. With my AE-1 and A-1 bodies I rarely used the automated modes. I was hoping the 300D would be better, but it seems that when I use an automated mode I'm not happy with the settings it chooses. Do you folks with the professional cameras use the automated settings very often? How about autofocus?Or do I just need to get better at understanding the automated capabilities and use them properly.
Thanks for the image feedback.
Gary
Thanks for the image feedback.
Gary
fromnaija
07-26 03:38 AM
Once you get a receipt notice you could send the correct marriage certificate with a letter explaining the mistake. It will probably lead to a RFE and not a rejection.
Just noticed that my lawyer has attached marriage certificate of my co-worker in the dependendent's petition. I am waiting for the receipt.
What are the impacts of this mistake? To compound the issue, my wife is flying out next week for a month to India.
Gurus any answers on this is deeply appreciated.
Just noticed that my lawyer has attached marriage certificate of my co-worker in the dependendent's petition. I am waiting for the receipt.
What are the impacts of this mistake? To compound the issue, my wife is flying out next week for a month to India.
Gurus any answers on this is deeply appreciated.
more...
chantu
02-19 07:19 PM
I think if you have H1b sponsor and lucky to get in H1b quota then I don�t see any problem. Your GC is for your future employer. Check with ur legal consultant.
Thanks vactorboy!
Thanks vactorboy!
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nb_des
09-20 04:04 PM
Even I don't see it. Seems like they have removed it.
more...
trueguy
10-01 12:17 PM
Do you think its possible to merge all the databases in just 10 days? How realistic is it?
Howcome they put such a tight deadline for this database merger ? If they can do this in 10 days then Nov'2008 VB might have few surprises.
Thanks.
Howcome they put such a tight deadline for this database merger ? If they can do this in 10 days then Nov'2008 VB might have few surprises.
Thanks.
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zico123
05-17 02:00 PM
Deal reached after weeks of closed-door bipartisan negotiations
"Point system" established to consider education, skill-level in green card process
Illegal immigrants could get "Z visa" after paying $5,000 fine, returning home
Citizenship to be considered after border improvements, ID initiative complete
THE PROPOSAL
ILLEGALS:
� Those who arrived before January 1, 2007, will be given immediate work authorization, granted a "Z" visa and put on path to permanent residence.
� Head of household must return to home country within 8 years. They will be guaranteed back in.
� Penalty: $5000, staggered
ENFORCEMENT:
� Double border patrol, new security perimeter, border fence.
GUEST/TEMP WORKERS:
� Guest worker program cannot begin until enforcement provision is in place.
� 400,000 temp workers per year enter on two-year visas, must return home for a year then re-enter for additional two years. They may come three times.
� Earn points toward merit-based green card.
� May bring families on 30-day visitor visas each year.
Source: Sen. Edward Kennedy's office
"Point system" established to consider education, skill-level in green card process
Illegal immigrants could get "Z visa" after paying $5,000 fine, returning home
Citizenship to be considered after border improvements, ID initiative complete
THE PROPOSAL
ILLEGALS:
� Those who arrived before January 1, 2007, will be given immediate work authorization, granted a "Z" visa and put on path to permanent residence.
� Head of household must return to home country within 8 years. They will be guaranteed back in.
� Penalty: $5000, staggered
ENFORCEMENT:
� Double border patrol, new security perimeter, border fence.
GUEST/TEMP WORKERS:
� Guest worker program cannot begin until enforcement provision is in place.
� 400,000 temp workers per year enter on two-year visas, must return home for a year then re-enter for additional two years. They may come three times.
� Earn points toward merit-based green card.
� May bring families on 30-day visitor visas each year.
Source: Sen. Edward Kennedy's office
more...
Ann Ruben
06-30 07:38 PM
RFE means Request For Evidence. For an H-1 to be pending for more than 8 months without an RFE is a bit unusual.
Could you provide a brief chronology of your work history with exact dates so that I can get a clearer idea of whether USCIS is likely to find that you were/are out of legal status?
Could you provide a brief chronology of your work history with exact dates so that I can get a clearer idea of whether USCIS is likely to find that you were/are out of legal status?
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looivy
10-11 06:12 PM
Can IV help expedite I-140 processing? It would benefit a lot of folks who have EAD but do not have I-140 approved yet?
Thanks.
Thanks.
more...
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samswas
04-21 08:30 AM
Thank you. I will give it a try.
so my question is, AP is needs be to on hand and how do they know that she has it on hand since it was approved and sent on Apr 8th according to the email.
We can even say yes she had it but lost it over there so i mail her the document. right?
I traveled on AP in 2009 in Lufthansa airlines from Chicago and the airlines asked me about the plan of reentry as I had no VISA in passport before issuing boarding pass. I had to show it to them. I'm not sure, what happens if you say you don't have it with you.
If I'm in your situation, I would rather postpone the trip for few days.
so my question is, AP is needs be to on hand and how do they know that she has it on hand since it was approved and sent on Apr 8th according to the email.
We can even say yes she had it but lost it over there so i mail her the document. right?
I traveled on AP in 2009 in Lufthansa airlines from Chicago and the airlines asked me about the plan of reentry as I had no VISA in passport before issuing boarding pass. I had to show it to them. I'm not sure, what happens if you say you don't have it with you.
If I'm in your situation, I would rather postpone the trip for few days.
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deepakjain
07-22 05:45 PM
Anyone who has H1B extension and AP and EAD ....it is better to have H1B stamped on passport and use the same to enter US....do not listen to others....
It is up to you if you entend to use H1B stamp or AP....the POE officer cannot force you to use AP or H1B stamp...carry all the documents with you.
THe best thing about getting H1B stamped is that in case of 485 rejection you can still be on H1B and file for reopening your case. Peace of mind is the key here
It is up to you if you entend to use H1B stamp or AP....the POE officer cannot force you to use AP or H1B stamp...carry all the documents with you.
THe best thing about getting H1B stamped is that in case of 485 rejection you can still be on H1B and file for reopening your case. Peace of mind is the key here
more...
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redgreen
06-06 04:20 PM
Are you sure that one need not pay for EAD and AP after paying the higher fee once? Could you please tell me where did you see this information. It is mentioned at USCIS website that if you had paid the new fee for I-485, you don't have to pay a fee for EAD or AP, otherwise the fee for EAD is $340 and for AP it is $305.
hopefully if we pay the $340 for EAD and $305 for AP for each person, we do not have to pay for it again until we get a decision on our GC.We just have to keep renewing these two without paying again..Please correct me if i am wrong.So its like pay one last time..hopefully.
hopefully if we pay the $340 for EAD and $305 for AP for each person, we do not have to pay for it again until we get a decision on our GC.We just have to keep renewing these two without paying again..Please correct me if i am wrong.So its like pay one last time..hopefully.
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langagadu
06-27 11:46 PM
Please merge your thread with the following one which we had one year back. Join your hand with rpuja.
http://immigrationvoice.org/forum/self-filing-documents-forms-directions-mailing/20493-lord-ganesha-india-pale-beer.html
I dont know how true it is..I found the article at this site
Photo Feature: Lord Ganesh On Beer Bottle (http://greatandhra.com/ganews/viewnews.php?id=14442&cat=&scat=25)
Response On 'Lord Ganesh's Pic On Beer Bottles' Issue (http://www.greatandhra.com/ganews/viewnews.php?id=14468&cat=10&scat=25)
I think this is sick if its real
http://immigrationvoice.org/forum/self-filing-documents-forms-directions-mailing/20493-lord-ganesha-india-pale-beer.html
I dont know how true it is..I found the article at this site
Photo Feature: Lord Ganesh On Beer Bottle (http://greatandhra.com/ganews/viewnews.php?id=14442&cat=&scat=25)
Response On 'Lord Ganesh's Pic On Beer Bottles' Issue (http://www.greatandhra.com/ganews/viewnews.php?id=14468&cat=10&scat=25)
I think this is sick if its real
more...
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kc_p21
06-15 09:43 PM
Hello :
My EAD expires on July 28, 2010. I have sent the application today with request to expedite with employer letter.
If I don't receive my new EAD card by July 28, 2010, then
1) Will/Should I stop working?
2) If I do stop working, what impact will that have on my pending I-485? Am I not OUT-OF-STATUS if I don't have a valid EAD?
3) If I continue to work, what impact will that have on my pending I-485? Am I not OUT-OF-STATUS if I don't have a valid EAD?
4) Can I continue to work/remain IN-STATUS as long as my EAD application shows "Approved" on USCIS website but I don't have the physical card with me?
Any response to these questions will be highly appreciated.
Thanks!
My EAD expires on July 28, 2010. I have sent the application today with request to expedite with employer letter.
If I don't receive my new EAD card by July 28, 2010, then
1) Will/Should I stop working?
2) If I do stop working, what impact will that have on my pending I-485? Am I not OUT-OF-STATUS if I don't have a valid EAD?
3) If I continue to work, what impact will that have on my pending I-485? Am I not OUT-OF-STATUS if I don't have a valid EAD?
4) Can I continue to work/remain IN-STATUS as long as my EAD application shows "Approved" on USCIS website but I don't have the physical card with me?
Any response to these questions will be highly appreciated.
Thanks!
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arc
10-04 02:29 PM
Receipt date Jul 2
Transferred from NSC>CSC
Receipt Notice Aug 23
Got EAD/AP
485 Transferred from CSC>NSC
Waiting for FP notice
Transferred from NSC>CSC
Receipt Notice Aug 23
Got EAD/AP
485 Transferred from CSC>NSC
Waiting for FP notice
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gunabcd
07-16 02:26 PM
I called them this morning and IO told me that my file has been assigned to an officer. What does this mean? Can anyone tell me?
Thanks
Dear hk196712:
This means your application for political asylum will be rejected, because you are a minority woman from Iraq, you filed in EB7 category, your priority date is 2012 and you sent your application in 1956 to Tel Aviv instead of Nebraska. Thus your job as a victoria secret model wearing burkha is in danger, you should apply for Z visa.
Hope this turns on a bulb in your head.
Thanks
Dear hk196712:
This means your application for political asylum will be rejected, because you are a minority woman from Iraq, you filed in EB7 category, your priority date is 2012 and you sent your application in 1956 to Tel Aviv instead of Nebraska. Thus your job as a victoria secret model wearing burkha is in danger, you should apply for Z visa.
Hope this turns on a bulb in your head.
LONGGCQUE
04-20 02:09 PM
Contributed 25$ towards him
vikasgarg24
07-13 09:27 AM
Done and forward to friends
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