Form I-140

USCIS Memo on Evaluation of Evidence Submitted with Certain I-140 Petitions

This Policy Memorandum (PM) provides guidance regarding the analysis that U.S. Citizenship and Immigration Service (USCIS) officers who adjudicate these petitions should use when evaluating evidence submitted in support of Form I-140, Immigrant Petition for Alien Worker, 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.

EB2 approval after EB3 on the same labor certification

We had a Labor certification case filed for an IT professional. The requirements were Bachelor's degree and 5 years of experience. We filed I-140 under EB-2 category.  After approximately 8 months, USCIS sent us an RFE saying Bachelor's plus five years would not qualify under EB2 unless the experience required is progressive in nature.  We knew that USCIS was wrong under the circumstances of the case, but an argument with the government was unnecessary because the EB-3 priority dates were then current.

Team Notes
Menka

TSC Updates – 05/14/10

Reopening of a denied I-140 case -  Cases when a denied I-140 is reopened, the center (TSC) usually reopens any ancillary applications like I-485, I-131 and I-765 that were denied only because of the denied I-140.  Generally the procedure takes about 60 days for the file to be acquired form National Records Center or AAO and to reopen. If the ancillary cases are not reopened within the 60 day period members can make an inquiry with the NCSC customer service line or –email to [email protected]