Below you will find a template to be used by a USCIS (United States Citizenship and Immigration Service) Officer/Examiner when creating a request for evidence (RFE) for Employment Based, First Preference, Alien of Extraordinary Ability (EB-1A) I-140 green card petitions. Such RFEs are routinely issued by USCIS in response to initial EB-1A I-140 submissions.
By way of background, the EB-1A is the immigrant visa classification for foreign nationals of extraordinary ability in the sciences, arts, education, business or athletics. To qualify, individuals must convince US immigration authorities that they belong to a small percentage who have risen to the very top of their field of endeavor. To meet this standard, the applicant must establish sustained national or international acclaim and demonstrate that his/her achievements have been recognized in the field of expertise. The petitioner, which can be either a current or future employer, or the foreign national (self-petition) must show that he/she has won a major internationally recognized award, such as the Nobel Prize, or meets at least three of 10 criteria outlined in the regulations. Discussion of the 10 criteria, and notably, USCIS interpretation of the same, is included in the template RFE, interim USCIS policy memo and AILA comments in response to the USCIS policy memo, all provided below.
The RFE Template:
EB-1A USCIS Request for Evidence Template
To better understand the RFE template, please see the following USCIS interim policy memorandum, dated August 18, 2010, whose purpose is to provide guidance regarding the analysis that Immigration Officers must use when evaluating EB-1 I-140 petitions.
Draft USCIS EB-1 I-140 Memo_8-18-2010
To help interpret the memo above, please see the following AILA (American Immigration Lawyers Association) comments, dated September 3, 2010, provided to USCIS in response to their USCIS interim policy memorandum above. These comments provide valuable insight into requirements and offer suggestions to USCIS for how cases should be examined.
AILA Comment on Draft USCIS EB-1 I-140 Memo_9-3-2010
Practice Pointer: Most EB-1 cases, especially those for aliens of extraordinary ability and outstanding researchers, are labor intensive matters, which tend to result in a considerable amount of evidence. That is why it is important to not only carefully document an applicant's qualifications and accomplishments, but to also carefully present the case to immigration authorities. Keep in mind that most USCIS Officers are overwhelmed with work and want to review your case quickly, so they can move on to the next one. Effective presentation of the evidence is critical. Ideally, the Officer should be able to determine that your case is a winner within minutes, followed by an almost cursory review.
At Ryvin Wallace Group, we enjoy partnering with accomplished individuals to help them document and present their accomplishments to US immigration authorities in the context of EB-1 alien of extraordinary ability and outstanding researcher cases, and EB-2 (National Interest Waiver) cases. Contact one of our experienced attorneys for a consultation today.
Rodriguez Immigration Services
ReplyDeleteAt Rodriguez Immigration Services we understand the hard work and dedication people have when immigrating to the United States.We build strong relationships with our clients to establish trust and confidence, because we comprehend how important immigration matters are to you and your family.When you choose to hire Rodriguez Immigration Services, you will receive individualized support and compassionate care that you deserve.