Thursday, February 27, 2014

Matthew Oh about USCIS seeking OMB Approval for Reform EB-1B Outstanding Researcher/Teacher Immigrant Petitions

The portion of the proposed rule addressing the evidentiary requirements for the EB-1 outstanding professor and researcher employment-based immigrant classification would allow for the submission of comparable evidence (achievements not listed in the criteria such as important patents or prestigious, peer-reviewed funding grants) for that listed in 8 CFR 204.5(i)(3)(i)(A) through (F) to establish that the EB-1 professor or researcher is recognized internationally as outstanding in his or her academic field. Similar to the benefits of harmonizing E-3, H-1B1, and CW-1 provisions, the harmonization of the evidentiary requirements for EB-1 outstanding professors and researchers with other comparable employment-based immigrant classifications would provide equity for EB-1 outstanding professors and researchers relative to those other employment-based visa categories. The proposed rule may also facilitate petitioners' recruitment of the EB-1 outstanding professors and researchers by expanding the range of evidence that may be adduced to support their petitions.

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