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Evaluation of Evidence for Form I-140, Immigrant Petition for Alien Worker Stakeholder Engagement

The USCIS Office of Public Engagement invites any interested individuals to participate in a teleconference on Wednesday, January 18, 2012 from 1:30 to 3:00pm(EST). Alejandro Mayorkas, Director of USCIS, as well as Robert Silvers, Senior Counselor to the Director, and Stephen Legomsky, the agency’s Chief Counsel, will address the analysis that USCIS officers use when evaluating evidence submitted in support of Form I-140, Immigrant Petition for Alien Worker.

In 2010, the U.S. Court of Appeals for the Ninth Circuit reviewed an AAO decision that dismissed the appeal of an extraordinary ability petition. Kazarian v. USCIS, 596 F.3d 1115 (9th Cir. 2010). The court concluded that while the AAO raised legitimate reservations about the significance of the submitted evidence, the AAO should have analyzed the concerns in a subsequent "final merits determination." Id. at 1121-22. On December 22, 2010, USCIS issued a Policy Memorandum based on the Ninth Circuit Court decision that provides guidance for evaluating evidence submitted in support of a Form I-140 filed for: Aliens of Extraordinary Ability under section 203(b)(1)(A) of the Immigration and Nationality Act (INA); Outstanding Professors or Researchers under section 203(b)(1)(B) INA; and Aliens of Exceptional Ability under section 203(b)(2) INA.

Earlier this year, USCIS sought feedback from our stakeholders on the Kazarian decision through the solicitation of amicus briefs. Director Mayorkas would like to further engage on this topic and discuss the agency’s ongoing commitment to ensuring consistent and quality adjudications in this area.

To Participate in the Session

Any interested parties may participate in this event in person or by telephone. To RSVP, please contact the Office of Public Engagement at Public.Engagement@uscis.dhs.gov. Please note in person seating will be limited due to space availability. Stakeholders who RSVP first will be given priority. Also, be sure to bring photo identification and plan to arrive at least 15 minutes early to allow extra time to complete the security process. Please include your full name and the organization you represent in the body of the email.

  • To join in person, please reference “I-140 – In Person” in the subject line of your message
  • To join by teleconference, please reference “I-140 – By Phone” in the subject line of your message

To Join the Call

On the day of the engagement please use the information below to join the session by phone. We recommend calling in 10 minutes prior to the start of the teleconference.

  • Call-in Number: 1-888-469-1174
  • Passcode: I-140

We look forward to engaging with you!

Last Reviewed/Updated: 01/13/2012