04.13.11

E-1 approval

Posted in Uncategorized at 12:32 pm by Lalita Haran

I-140 approval rates for extraordinary ability workers for E1-1 and E1-2 category show stark discrepancy. Statistics from USCIS show that petitions for outstanding professor and researcher under E1-2 category have above 90% approvals rate, but the petitions for E1-1 extraordinary ability workers are not so readily approved. In 2005 just a little more than half of the petitions filed (55%) were approved while in 2010 almost two third of the petitions were approved (62%). It is good indicia that approval rate has gone up slightly for E1-1.

E1 employment preference category for greencard is designed to attract world’s best and brilliant talents of extra ordinary level. Understandable that the EB1 criterian to prove the extraordinary level is much higher than the standard for EB2 outstanding ability worker.

After the decision in Kazarian vs. U.S. denying the permanent residence to a researcher for failing the evidentiary requirements, there is some clamor for remedial measures and follow up actions from the USCIS. It is time for additional guidelines clarifying the evidentiary standards for adjudicating E1 petitions.