For the EB-1B outstanding professors or researchers category, USCIS listed on its website that the petition must include evidence of TWO of the six listed criteria. However, the professor or researcher may not directly qualify for EB-1B even if the candidate has evidence for two of the six listed criteria.
That is because USCIS officers use a "two-step analysis" to evaluate the evidence submitted with the petition to demonstrate the eligibility for EB-1B. The FIRST step is to assess whether the evidence meets each individual criterion. The assessment standard is "by a preponderance of the evidence". The officer must examine each evidence for relevance, probative value, and credibility, to determine whether the fact to be proven is probably true. The SECOND step is the "final merits determination", which is to evaluate all the evidence together and to consider the petition in its entirety. The SECOND step gives the officer more discretion when making determinations.
For the EB-1B petition, USCIS issued detailed instructions on evidence that may support each criterion. There are also precedent decisions that are legally binding for enforcing immigration laws in all proceedings involving the same issues. It is important to apply the most current regulations and precedent decisions when filing your EB-1B petition. Our law firm focuses exclusively on personal accomplishment cases including EB-1, NIW, and O visa. Please do not hesitate to contact us for the most current strategy regarding your immigration and visa petition.
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