Last week, the 9th Circuit came down with a ruling that should have a great impact on how the USCIS adjudicates EB-1-1 Extraordinary Abilities petitions. The EB 1-1 (also known as EB 1-a) is used by highly successful foreign nationals to gain lawful permanent residency in the United States. The EB 1-1 visa requires an applicant to demonstrate that they have meet three of the requirements set out in the regulations.
Increasingly, however, the USCIS service centers have been adding additional requirements to EB 1-1 applicants. The added requirements have had no foundation in the law and have hindered well credentialed foreign nationals from obtaining permanent residency. The 9th Circuit’s decision rebuffs the added requirements and clearly stated that the USCIS can only decide EB 1-1 decisions based upon the requirements stated in the regulations.
With the 9th Circuit’s decision, the process for obtaining EB 1-1 immigrant visas should be less difficult and certainly more transparent.