ILW.COM - the immigration portal Immigration Daily

Home Page


Immigration Daily

Archives

Processing times

Immigration forms

Discussion board

Resources

Blogs

Twitter feed

Immigrant Nation

Attorney2Attorney

CLE Workshops

Immigration books

Advertise on ILW

VIP Network

EB-5

移民日报

About ILW.COM

Connect to us

Make us Homepage

Questions/Comments


SUBSCRIBE

Immigration Daily


Chinese Immig. Daily




The leading
immigration law
publisher - over
50000 pages of
free information!
Copyright
1995-
ILW.COM,
American
Immigration LLC.

Results 1 to 1 of 1

Thread: USCIS Adjudicator's Wide Discretion in Adjudicating the EA-1A Petition

  1. #1

    USCIS Adjudicator's Wide Discretion in Adjudicating the EA-1A Petition

    The alien applicants should be aware that approvals in the EB1 Extraordinary Ability (EA-1A) petitions are difficult to obtain. The legal standard requires showing that the alien applicant has reached the very top of his or her field. http://www.greencardapply.com/questi...82415.htm, The legal standard in the EB1 Extraordinary Ability category is high. While this category was intended to apply to a small group of extraordinary individuals, it was not meant to be unattainable.


    There are alien applicants who are able to demonstrate their extraordinary abilities in the fields of science, art, education, business, and athletics. It is necessary to establish that this extraordinary ability has been demonstrated by sustained national or international acclaim, and that the achievements have been recognized in the field with extensive documentation.

    In some EB1 Extraordinary Ability petition cases, additional challenges are applied in this category by USCIS adjudicators, which are going beyond the high standard that is appropriate for the EA-1A category, and creating novel requirements.


    USCIS adjudicators have wide discretion in adjudicating the EA-1A petition cases, and the complexity of the evidence presented. USCIS adjudicators sometimes apply heightened legal standards for EB1 Extraordinary Ability petitions to support a negative decision, or a Request For Evidence (RFE)


    In such cases, it can be difficult to challenge the ineligibility finding made by the adjudicators, or provide evidence to reply the Request For Evidence. Therefore, it is necessary to carefully analyze the actual legal criteria, and the application of the criteria by the adjudicator to the often highly complex individual facts.
    Last edited by peterl2k2; 08-24-2015 at 10:01 AM.

Similar Threads

  1. Replies: 0
    Last Post: 05-20-2014, 03:26 PM
  2. Jan 27 - Site Wide Prices Dropped
    By ImmigrationDaily in forum Immigration Daily
    Replies: 0
    Last Post: 01-27-2014, 04:09 PM
  3. Replies: 1
    Last Post: 08-03-2007, 12:10 PM
  4. HELP- I've gone all wide and horizontal
    By swissnut in forum Immigration Discussion
    Replies: 26
    Last Post: 12-29-2003, 12:39 PM
  5. here r priority dates for Visas world wide for AOS
    By in forum Immigration Discussion
    Replies: 1
    Last Post: 08-30-2002, 02:16 PM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
Put Free Immigration Law Headlines On Your Website

Immigration Daily: the news source for legal professionals. Free! Join 35000+ readers Enter your email address here: