USCIS Policy Memo PM-602-0005.1 - Evidence Evaluation Methodology for I-140 Petitions (Auto-Translated)
Updated: Author: Alina Kanametova
Auto-translated USCIS Policy Memo PM-602-0005.1 (22 December 2010) on evaluating evidence submitted with I-140 petitions. Explains the...
Official source of the document ↗verified 2026-09-09
About this document
A USCIS policy memorandum on how officers should evaluate evidence for certain I-140 immigrant petitions under EB-1A, EB-1B, and EB-2 exceptional ability categories. It adopts a two-part review: first checking whether submitted evidence fits the regulatory criteria, then weighing all evidence together at the final merits stage. The memo also updates the AFM and notes a successor-in-interest rule for labor-certification-based I-140 petitions.
Key points
- Applies to I-140 petitions for extraordinary ability, outstanding professors or researchers, and exceptional ability.
- Requires an objective first step to see whether evidence matches the specific regulatory criteria.
- Requires a second step that weighs all evidence together at the final merits stage.
- Uses the preponderance of evidence standard for these immigrant petitions.
- States that USCIS should not add extra evidentiary requirements beyond the regulations.
- Cites a Ninth Circuit decision as support for separating threshold evidence review from merits review.
- Updates AFM chapter 22.2 and says SII can be found for certain labor-certification-based I-140s when ownership transfer occurs before or after DOL approval.
- Notes a new DOL email address for duplicate labor certification requests.
What is inside
- Authority
- Historical background
- Evidence
- Implementation
- AFM changes
When it helps
It serves as USCIS internal guidance on how to review initial evidence and then make a final merits finding for EB-1A, EB-1B, and EB-2 exceptional ability I-140 petitions. It also documents the agency's treatment of successor-in-interest issues for certain labor-certification-based filings.
Source: USCIS / official source. The material opens on the site. Reference material, not legal advice.