USCIS Under Consideration a Plan to Ease Current Narrow Evidence Requirements for EB-1 "Outstanding Professor or Researcher" Petition
01/02/2013
As we reported earlier, the USCIS plans to initiate certain
actions to achieve the retention of highly skilled foreign workers thourgh
certtain H-4 spouse EAD opportunities, H-1B1 rule changes for Chile Singapoloe
nonimmigrant employment, E-3 nonimmigrant rule for Australians, and loosing up
the current tight standards for qualification requirement for EB-1 Outstanding
Professors and Researchers. These initiatives are considered priority matters
for the USCIS for FY 2013. As readers are aware, the USCIS has already present
its proposed rule to the OMB for employment authorization for certain H-4
spouses. It is hoped that other initiatives be also presented to the OMB in the
near future.
As for the EB-1 Outstanding Professor and Researcher, the USCIS intends to each the petitioner's recruitment of these highly skilled foreign workers by expanding the range of evidence that may be adduced to support the petitions to harmonize with evidentiary requirements with other comparable employment-based immigrant classifications. This is indeed a very good news for R&D industry and higher learning institutions. At this point, no details are available about the conceived propoposal but the information indicates that proposal will address such that the evidentiary requirements for the EB-1 outstanding professor and researcher employment-based immigrant classification would allow for the submission of comparable evidence (achievements not listed in the criteria such as important patents or prestigious, peer-reviewed funding grants) for that listed in 8 CFR 204.5(i)(3)(i)(A)–(F) to establish that the EB-1 professor or researcher is recognized internationally as outstanding in his or her academic field.
Considering the nation's focus is to retain higher skilled foreign workers by legislation, this plan is considered a timely administrative fix of the current system for this classification and we hope to see the proposal presented to the OMB as soon as possible.
As for the EB-1 Outstanding Professor and Researcher, the USCIS intends to each the petitioner's recruitment of these highly skilled foreign workers by expanding the range of evidence that may be adduced to support the petitions to harmonize with evidentiary requirements with other comparable employment-based immigrant classifications. This is indeed a very good news for R&D industry and higher learning institutions. At this point, no details are available about the conceived propoposal but the information indicates that proposal will address such that the evidentiary requirements for the EB-1 outstanding professor and researcher employment-based immigrant classification would allow for the submission of comparable evidence (achievements not listed in the criteria such as important patents or prestigious, peer-reviewed funding grants) for that listed in 8 CFR 204.5(i)(3)(i)(A)–(F) to establish that the EB-1 professor or researcher is recognized internationally as outstanding in his or her academic field.
Considering the nation's focus is to retain higher skilled foreign workers by legislation, this plan is considered a timely administrative fix of the current system for this classification and we hope to see the proposal presented to the OMB as soon as possible.
Source:Oh Law
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