May 8, 2014
The U.S. Department of Homeland Security recently announced that it will publish two proposed rules this week. One of the rules proposes to add comparable evidence to the evidentiary criteria list for EB1B petitions. In a press release dated May 6, 2014, DHS stated, “This proposal would also expand the current list of evidentiary criteria for employment-based first preference (EB-1) outstanding professors and researchers to allow the submission of evidence comparable to the other forms of evidence already listed in the regulations.”
The Notice of Proposed Rulemaking will soon be published in the Federal Register. DHS will accept public comment on the proposed rules through the following website – www.regulations.gov.
Current Evidentiary Requirements for EB1B Outstanding Professors or Researchers Petitions
In order to qualify as an outstanding professor or researcher, one must satisfy each of the following requirements:
- Demonstrated international recognition for outstanding achievements in a particular academic field;
- At least 3 years of experience in teaching or research in that academic field; and
- Entering the U.S. in order to pursue a tenure or tenure track teaching or comparable research position at a university or other institution of higher education.
EB1B beneficiaries must also demonstrate that they satisfy at least two of the following evidentiary criteria to show that they are an outstanding professor or researcher:
- Evidence of receipt of major prizes or awards for outstanding achievement
- Evidence of membership in associations that require their members to demonstrate outstanding achievement
- Evidence of published material in professional publications written by others about the alien’s work in the academic field
- Evidence of participation, either on a panel or individually, as a judge of the work of others in the same or allied academic field
- Evidence of original scientific or scholarly research contributions in the field
- Evidence of authorship of scholarly books or articles (in scholarly journals with international circulation) in the field
How the New Rule Changes the Requirements for EB1B Outstanding Professors or Researchers Petitions
The proposed rule would add comparable evidence to the list of evidentiary criteria that must be satisfied in order to qualify for an EB1B I-140 petition. This addition will bring the regulations for EB1B petitions in line with other employment-based immigrant categories that already permit the submission of comparable evidence (e.g., EB1-A Alien of Extraordinary Ability, EB-2 Exceptional Ability). Examples of comparable evidence include important patents and prestigious, peer-reviewed funding grants.
How the New Rule Benefits Our Clients
The new rule will benefit our clients who are able to meet all the requirements for EB1B but are unable to satisfy at least two of the evidentiary criteria currently listed. If such clients are able to satisfy one of the listed criteria and also provide comparable evidence that is not listed, they may qualify for an EB1B I-140 petition.
However, the beneficiaries still need to show they are internationally recognized as outstanding under the Kazarian test. In our experience, it is not difficult to meet at least two out of six regulatory criteria under EB1B category. It is the “total merits determination” test set by Kazarian v. USCIS that led to most of the EB1B denials. Hence, it is not clear how the standard of law for EB1B will be changed by the proposal.
You can read the full DHS press release here.
North America Immigration Law Group – WeGreened.com ( Also known as Chen Immigration Law Associates) is one of the major U.S. immigration law firms with the focus on the petitions of EB-2 NIW (National Interest Waiver), EB-1A (Alien of Extraordinary Ability) and EB-1B (Outstanding Researchers/Professors) categories.
We are pleased to announce that we have more than 600 EB1 and NIW case approvals in the year of 2013 and overall approval rate exceeds 98.5%*, which makes us a leading U.S. immigration law firm with the most approval cases and highest successful rate in the field of NIW/EB1 I-140 immigration petitions. This year (2013), we got more than 516 physical approval notices of EB-1 and EB-2 NIW cases with the approval rate exceeding 98.5%*. Those approvals notices are from clients who retained us from the beginning of the case preparation. In addition, we also successfully helped around additional 70 clients preparing their RFE (Request for Evidence) responses that were originally filed by other law firms or by DIY clients filing the cases themselves. In addition, we helped around 30 clients preparing for their EB1B cases for their employers to file. In these cases, we are not able to get approval notices as we are not the attorney on record.
We provide the most comprehensive service for NIW (National Interest Waiver) and EB-1 petitions, including drafting recommendation letters (from the scratch), drafting the petition letter and respond to RFE (without extra charge). Qualified clients are entitled to our “approval or refund” service and if in a rare case the petition is denied, the attorney fee will be refunded. Our policy is specified in our retainer agreement and is binding to us. Because of the quality of our service, our clients comments and reviews are also impeccable.
We are pleased to announce that North America Immigration Law Group has so far received over 3,500 EB-1A, EB-1B and EB-2 NIW approval notices. In 2014 and 2015, the approval rate is 98.22% for cases using our "Approval or Refund®" (money back guarantee) service and 96.95% for all kinds of services.
For NIW cases, the approval rate is 99.18% for cases using our "Approval or Refund®" (money back guarantee) service and the overall approval rate for all NIW cases is 98.47%.
For EB1A cases, the approval rate is 97.25% for "Approval or Refund®" (money back guarantee) service and the overall approval rate for all EB1A cases is 95.27%.
We are one of the leading U.S. immigration law firms providing the most comprehensive services for EB-1/NIW petition with a large volume of approval cases and high approval rate.
Our staff keeps close track of the latest immigration trends and regulations of USCIS (U.S. Citizenship and Immigration Services), decisions of AAO (Administrative Appeal Office) and judicial review opinions. The massive collected materials contribute to the most convincing arguments and winning strategies of our firm for EB1A, EB1B, and NIW petitions.
If you are interested in filing the green card, please send your CV to law@wegreened.com for our free evaluation. Our attorneys will email you back with the evaluation result within 24 hours.
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