USCIS Policy Memorandum On Evaluation Of Evidence Submitted With Certain I-140 Petitions

USCIS Policy Memorandum PM-602-0005.1 (December 22, 2010)

This USCIS Policy Memorandum updates the USCIS Adjudicator's Field Manual, and provides USCIS adjudicators with guidance on adjudicating Form I-140, Immigrant Petition for Alien Worker, for employment-based first preference petitions (EB-1) filed for Aliens of Extraordinary Ability under INA section 203(b)(1)(A), Outstanding Professors or Researchers under INA section 203(b)(1)(B), and employment-based second preference petitions (EB-2) filed for Aliens of Exceptional Ability under INA section 203(b)(2).

The guidance incorporates standards identified in the 9th Circuit Kazarian decision, and finalizes and supersedes an interim Policy Memorandum that USCIS had issued on August 18, 2010. NAFSA had commented on the interim guidance, focusing its remarks on the E12 outstanding professor and researcher category. The final memo incorporates several of NAFSA's comments, and provides greater detail on standards for evaluating evidence submitted in support of I-140 petitions filed under the Outstanding Professors or Researchers category.

USCIS Policy Memorandum PM-602-0005.1USCIS2010-12-22USCIS Policy Memorandum PM60200051 PDF