As previously mentioned, the USCIS has issued a preliminary memorandum concerning changes it is considering making to the EB 1-1 and EB 1-2 Visa category. The impetus for the memorandum is the Ninth Circuit’s Kazaran decision, which criticized the USCIS for creating novel interpretations of the EB 1-1 and EB 1-2 criteria.
The preliminary memorandum was made public in an attempt to gain additional insight into revising the two categories from attorneys who focus on EB 1-1 and EB 1-2 cases, and from other shareholders in these two immigrant categories. Once the USCIS has had time to navigate the responses to its preliminary memorandum, it is expected that it will issue a final memorandum.
EB 1-1 Immigrant Status is reserved for immigrants who possess extraordinary abilities and who will benefit the United States by becoming a lawful permanent resident. Many immigrant scientists, immigrant physicians, and immigrant businesspersons use the visa to bring their highly valuable skills to the United States.
EB 1-2 Immigrant Status is reserved for outstanding scientists and researchers who will come to the United States and contribute to the nation’s economic, academic and scientific growth.