Does ‘Kazarian v. USCIS’ apply to EB-1B as well?

In part, and with caution. Kazarian v. USCIS is a decision that addressed how USCIS must evaluate the evidence submitted in a petition, not a new material requirement of the visa. Because it concerns the method of reviewing evidence, its reasoning is often cited across different petitions in the EB-1 family, including EB-1B (outstanding professors and researchers).

The key point is not to assume automatic application. The discussion arose in the context of extraordinary ability (closer to EB-1A), and EB-1B has its own criteria, particularly regarding international recognition and the nature of the required contributions. Therefore:

• The reasoning on how evidence is weighed can, in fact, inform the analysis of an EB-1B case.
• That does not mean transplanting all arguments from that case onto the specific requirements of EB-1B.
• Each petition is evaluated on its own set of evidence and the criteria of the category.

Because reading precedents and applying them to a specific case is a technical and nuanced exercise, it is worth confirming the current interpretation through official USCIS sources and discussing strategy with an immigration attorney or specialist.

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Victoria Harper

Editor-in-Chief

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As a journalist and lead editor at Visto n’ Visa, Victoria helps ensure that immigration topics are covered in a clear, trustworthy, and easy-to-understand way. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.