Two-part Approach (Kazarian Case)

Eb-1

It has always been an endeavor for the USCIS and INS to illuminate the procedure for adjudicating the petitions filed by foreign-borns seeking admission to the US under the EB-1 category.

Poghos Kazarian, originally from Armenia, received a Ph.D. in Theoretical Physics from Yerevan State University in 1997. In 2003 he filed a petition for an EB-1 visa based on his extraordinary abilities in his field of education and submitted the required documents to fulfill the criteria laid down by the USCIS.

The petition filed by the Kazarian backed up pieces of evidence that were utilized to prove EB-1 status eligibility. Despite the evidence submitted by the Kazarian, the USCIS refused to approve his EB-1 petition.

What is the two-part approach? 

In consequence of the court’s order, the USCIS published an interim policy memo. The purpose of the policy memo was to ensure that USCIS processes Form I-140 petitions filed under these employment-based immigrant classifications with a consistent standard.

Part One: Evaluate Whether the Evidence Provided Meets at Least Three Criteria. 

Part two: Final Merits Determination

The burden to prove the qualification requirement

The policy memo laid down that the petitioner or the beneficiary bears the burden of his/her claim of possessing extraordinary ability by the preponderance of the evidence.  

The USCIS follows the two-part approach in processing applications for EB-1A classification. If you are a prospective EB-1A petitioner, you should know about the two-part approach to clarify the processing of your application.