extraordinary and outstanding: what’s changed under new cis guidelines h. ronald klasko, esq....
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Extraordinary and Extraordinary and Outstanding:Outstanding:
What’s Changed Under What’s Changed Under New CIS GuidelinesNew CIS Guidelines
H. Ronald Klasko, Esq.Klasko, Rulon, Stock & Seltzer, LLP
NAFSA Conference
Michele StelljesThe Methodist Hospital & Methodist
Hospital Research Institute
What has changed?
Kazarian v. USCIS Revision to Adjudicator’s Field Manual
(12/22/2010) RFE template (1-11) – Extraordinary ability 2-step analysis – objective and subjective Recognition of “preponderance of
evidence” standard
What are the 2 steps in the analysis?
1st Step – producing 2 (outstanding professor/researcher) or 3 (extraordinary ability) types of evidenceObjective testCan produce “comparable evidence” for EA
What are the 2 steps in the analysis?
2nd Step – recognized internationally as outstanding in the academic field (OR)Academic field larger than very small area of
specialization Sustained national or international
acclaim; one of that small percentage who has risen to the top of the field (EA)Subjective test?Can be young in career
(cont’d)
1) Receipt of nationally or internationally recognized prizes or awards for excellence in the field of endeavor
GeneralNot local or regional Primary purpose to recognize excellence Must relate to beneficiary field
1) Receipt of nationally or internationally recognized prizes or awards for excellence in the field of endeavor
SpecificCriteria usedNational or international recognition of prize or
awardsReputation of granting institutionGeographic scope of candidatesNumber awarded per year
(cont’d)
1) Receipt of nationally or internationally recognized prizes or awards for excellence in the field of endeavor
Previous winnersNot limited to students or early career
professionalsAny public announcement?
(cont’d)
2) Membership in Associations
Association requires outstanding achievements Criteria for membership
Outstanding achievements were basis for granting membership Not just years of experience
Judged by recognized experts
Related to beneficiary’s field
3) Published Material about the beneficiary
Published in professional publications (or major media for EA) Circulation statistics
Must be about beneficiary and his/her work in specific field Not just about PI or institution Footnote reference without evaluation
insufficient
4) Judge of the work of others
Individually or on a panele.g., Ph.D. dissertation committee
Same or related field Invitation not sufficient
5) Original contributions (of major significance for EA)
Citations of beneficiary’s work as authoritative “widespread” public commentary or “widely”
cited
Work implemented by othersLicensed technology “significant” patents
5) Original contributions (of major significance for EA)
Reference lettersDetailed, not generalHow contributions are of major significance Impact on subsequent workHow contribution was “original”
Impact factor of journals
(cont’d)
6) Authorship of Scholarly Article
Show author, title and journal – not entire article
Must be “scholarly”Written for “learned” persons in given field
6) Authorship of Scholarly Article
Must be published in professional publications or major mediaCirculation statistics Impact factor
Must be international circulation for OR
(cont’d)
7) Performance in a “leading or critical role” (EA only)
Title and duties Contributions of significant importance to
institution Distinguished reputation of institution
8) High remuneration in relation to others in the field (EA only)
Compensation surveys by geography and position
DOL sourcesPrevailing wage alone not sufficient
9) Comparable evidence (EA only)
Show why other criteria not applicable to occupation
Prove “comparable”
Referees and reference letters
How many? Choosing referees
Independent and impartial Prestigious institutions Good CV Geographically diverse
One per institution International for OR
Referees and reference letters
Content of letterAbout beneficiary, not about referee
Attach referee’s CV
About beneficiary’s work, not about beneficiaryNot peer review
Remember the audience
Emphasize “new,” “original,” “different,” “first,” “important” Detailed, not general
(cont’d)
For Further Information
H. Ronald Klasko, Esq.Klasko, Rulon, Stock & Seltzer, LLP
PHILADELPHIA1800 JFK Blvd., 17th Floor Philadelphia, PA 19103215.825.8600; [email protected]
NEW YORK317 Madison Ave., Suite 1518New York, NY 10017212.796.8840; www.klaskolaw.com
Michele StelljesHR Immigration SpecialistThe Methodist Hospital & Methodist
Hospital Research Institute8100 Greenbriar, Suite GB 1-62Human ResourcesHouston, TX 77054(832) 667-6288;