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USCIS Policy Memorandum PM-602-0005.1 (original, EN)

Updated: Author: Alina Kanametova

Guide Guides 24 pages Anonymized Access on request

A USCIS policy memorandum dated December 22, 2010 that revises AFM Chapter 22.2 for certain Form I-140 immigrant petitions. It covers extraordinary ability…

EB-2 NIW O-1 EB-1A Petition

About this document

A USCIS policy memorandum dated December 22, 2010 that revises AFM Chapter 22.2 for certain Form I-140 immigrant petitions. It covers extraordinary ability, outstanding professor or researcher, and exceptional ability filings, and sets a two-part method: first test each evidence type against the regulation, then weigh the full record for the final merits determination. It also updates successor-in-interest treatment for approved labor-certification-based I-140s and the DOL contact for duplicate labor certification requests.

Key points

  • Applies to Form I-140 petitions for extraordinary ability, outstanding professors or researchers, and exceptional ability.
  • Uses a two-part review: first test each evidence type against the regulatory criteria, then make a final merits determination.
  • For extraordinary ability, the initial evidence must show either a one-time major award or at least three of the ten listed criteria.
  • For outstanding professors or researchers, the petition must include at least two of the six listed evidence types.
  • For exceptional ability, the petition must include at least three of the six listed evidence types.
  • The memorandum applies the preponderance of the evidence standard and says officers should not add requirements beyond the regulations.
  • It revises AFM Chapter 22.2 on successor-in-interest determinations for approved labor-certification-based I-140s.
  • It also updates the DOL email address used for duplicate labor certification application requests.

What is inside

  1. Authority
  2. Implementation
  3. Part One: E11 analysis

When it helps

This serves as a policy-and-standard reference for how USCIS evaluates initial evidence and final merits in extraordinary ability, outstanding professor or researcher, and exceptional ability I-140 cases. It also shows the agency rule on successor-in-interest and duplicate labor certification requests.

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