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Thread: The Quality of the Evidence Considered by USCIS

  1. #1

    The Quality of the Evidence Considered by USCIS

    Question:

    As a newly hired Research Scientist, I am very interested to read the articles in your excellent web site about EB1-OR and EB1-EA applications, and the two-step analysis process used by USCIS adjudicators. To prepare the petition documents of my own, what is the quality of the evidence considered by USCIS?

    Answer:

    Petitioners of EB1, like petitioners in other immigrant categories, need to submit a petition letter and related evidence to support the claims in the petition letter to the USCIS. There is no specific format required. However, petitioners are suggested to follow attentively the requirements specified in law and the USCIS rules. An USCIS adjudicator for EB1-Extraordinary Ability case has to determine, in totality, whether the applicant is at the very top of his/her field of endeavor. In making this determination, the quality of the evidence is considered very important.

    For example, if one of the evidence submitted is judging others' work, an internal judging responsibility is less important than an external judging responsibility. If the evidence is scholarly articles, the number of citations of the material is an appropriate consideration in the final merits determination.

    The two-step analysis does not substantially deviate from the standard USCIS used to determine the merits of a petition. The quality of the evidence submitted is still essential for an adjudicator to decide on an application. http://www.greencardapply.com/questi...ion12_1116.htm

  2. #2
    Junior Member
    Join Date
    Dec 2012
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    west mid lands
    Posts
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    Surly the quality of the evidence submitted is vital for an adjudicator to decide on an application.the number of citations of the material is an appropriate consideration in the final merits determination and case of extra ordinary ability.Petitioners in other immigrant categories, need to submit a petition letter and certain evidences to support the claims in the petition letter to the USCIS.

  3. #3
    Please see this Amicus Brief on the USCIS website (I wrote this one): http://www.uscis.gov/USCIS/About%20U.../Brief%205.PDF

    This site probably won't allow me to include actual links to other commercial sites but I am known as BigJoe5 on slideshare (which is a .net rather than a .com). Look me up, I have posted many articles/essays, worksheets for OR and EA (and other) cases and have posted many AAO and court cases with comments added to most of them.

    Good luck and remember that case preparation and presentation have a HUGE influence on the outcome of the case.

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