Policy Memorandum: Evaluation of Evidence Submitted with Certain Form I-140 Petitions; Revisions to the Adjudicator's Field Manual (AFM) Chapter 22.2, AFM Update AD11-14 [open pdf - 138KB]
" This Policy Memorandum (PM) provides guidance regarding the analysis that U.S. Citizenship and Immigration Service (USCIS) officers who adjudicate these petitions should use when evaluating evidence submitted in support of Form I-140, Immigrant Petition for Alien Worker, filed for: 1) Aliens of Extraordinary Ability under section 203(b)(1)(A) of the Immigration and Nationality Act (INA); 2) Outstanding Professors or Researchers under section 203(b)(1)(B) INA; and 3) Aliens of Exceptional Ability under section 203(b)(2) INA. The purpose of this PM is to ensure that USCIS processes Form I-140 petitions filed under these employment-based immigrant classifications with a consistent standard. In addition, this PM revises AFM Chapter 22.2 to clarify that USCIS will make successor-in-interest (SII) determinations in Form I-140 petitions supported by an approved labor certification application if the transfer of ownership took place anytime while such application for labor certification was still pending or after the labor certification was approved by the Department of Labor (DOL).1 Lastly, this PM revises AFM Chapter 22.2 to update the DOL e-mail address for USCIS officers to use when making duplicate labor certification application requests."
Policy Memorandum: PM-602-0005.1
U.S. Citizenship and Immigration Services: http://www.uscis.gov/