USCIS Seeks Input on Proposed EB 1-1 Visa and EB 1-2 Visa Criteria

Last week, the USCIS issued a proposed memorandum for revising its criteria for adjudicating the EB 1-1 and EB 1-2 Visas.    The USCIS is seeking shareholders to comment on its memorandum before it either makes it official or withdrawals it.

The EB 1-1 and EB 1-2 Visas are used to attract the best and brightest immigrants to the United States.  The EB 1-1 visa is for individuals with extraordinary abilities.  The EB 1-2 visa is for outstanding researchers and professors.

The revised memorandum was issued following the 9th Circuits rebuke of the USCIS’s current policy for adjudicating these visas.  The 9th Circuit called the USCIS’s criteria “novel” and not inline with the EB 1-1 and EB 1-2 regulations.

Comments must be received by September 3, 2010.

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