Citizenship and Immigration Services Ombudsman: Recommendations to Improve the Quality in Extraordinary Ability and Other Employment-based Adjudications   [open pdf - 232KB]

"In this study, the Office of the Citizenship and Immigration Services Ombudsman (Ombudsman's Office) reviews U. S. Citizenship and Immigration Services' (USCIS) policy regarding the adjudication of certain employment-based immigrant petitions filed on behalf of individuals with extraordinary ability in the sciences, arts, education, business, or athletics (EB-1-1); outstanding professors and researchers (EB-1-2); and exceptional ability professionals (EB-2) in the sciences, arts, or business. On March 4, 2010, the Ninth Circuit Court of Appeals issued a decision, Poghos Kazarian v. US Citizenship and Immigration Services (Kazarian), reviewing USCIS' application of the regulations governing extraordinary ability petitions. This was the first circuit court decision following district court cases issued to clarify the standard for adjudications. On December 22, 2010, USCIS issued a policy memorandum entitled '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' (I-140 policy memo). This USCIS policy guidance applies the Ninth Circuit decision with respect to petitions filed for individuals with extraordinary ability, outstanding professors and researchers, and exceptional ability professionals. The USCIS policy guidance provides a two-part test to determine eligibility: (1) an evaluation of whether the petitioner provided the requisite evidence; and (2) a final merits determination."

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United States. Dept. of Homeland Security: http://www.dhs.gov/
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