Reserved for highly accomplished individuals who have risen to the very top of their field of endeavor in the arts, athletics, business, science or education, the Green Card applicant in this “Extraordinary Ability” category may file with or without an employer’s sponsor.
Strong evidence demonstrating the EB1 applicant’s accomplishments is key to obtaining USCIS approval.
Not all evidence is created equal
Currently, USCIS uses a “two-part adjudicative approach” which is based on Kazarian v. USCIS, 596 F.3d 1115 (9 Cir. 2010). Under Kazarian, USCIS first looks to see if the EB1 applicant meets the “regulatory criteria,” meaning it determines whether the evidence submitted meets the itemized criteria (Quantity) listed in the regulations.
Second, it conducts a “final merits determination.” Here, USCIS evaluates the Quality of evidence and adjudicates whether or not the EB1 applicant has received sustained international acclaim or recognition in his or her field of endeavor.
The firm’s skillful use of the Quantity/Quality evidentiary approach affords clients the opportunity to present evidence that is closely aligned with USCIS’ Kazarianstandards, and thus increases the likelihood of a successful outcome of the Extraordinary Ability application.
The regulations require the EB1 applicant to provide evidence of:
(a) One-time achievement (that is, a major, internationally recognized award); or
(b) Documentation or evidence of at least three of the following showing the EB applicant has:
-Received lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor.
-Membership in associations that require of its members outstanding achievements.
-Publications about the EB1 applicant major professional or trade publications or other media.
-Participated as a judge of the work of others.
-Made original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the field.
-Authorship of scholarly articles in the field in major professional, trade publications or other media.
-Displayed his or her work in the field at artistic exhibitions or showcases.
-Performed in a leading or critical role for organizations or establishments that have a distinguished reputation.
-Commanded a high salary or other significantly high remuneration for services, relative to others in the field.
-Gained commercial successes in the performing arts, as evidenced by box office receipts or other similar evidence.
Contact the Paruthipattu Law Firm Today
A successful EB1 petition must be well documented with evidence that meets the rigorous the Kazarian Quantity and Quality Evidence standards. Additionally, to receive a positive outcome, the petition must carefully prepared in anticipation of any potential USCIS RFE and be prepared to address the significance and the relative weight and merits of the EB1 applicant’s accomplishments.
Expertise and skill are required to not only determine how but also whether the evidence stacks up against the regulatory criteria and the high standard of review applied by USCIS in these cases.
Paruthipattu Law Firm invites you to contact the office for additional guidance.