Does the case ‘Kazarian v. USCIS’ also apply to EB-1B?

It is important to understand that, although court decisions may provide relevant guidelines for interpreting immigration requirements, each visa category – including the EB-1 subgroups – has its specific criteria that must be carefully analyzed.

In the case of Kazarian v. USCIS, the decision addressed issues related to the evaluation of the evidence submitted in petitions and how USCIS interpreted certain requirements for granting the benefit. Although some of the foundations and reflections adopted in the decision may, in theory, support the analysis of petitions in other EB-1 subcategories, such as EB-1B (intended for professors and researchers), caution is necessary. This is because the evaluation criteria for EB-1B may differ in important aspects compared to other categories, such as EB-1A, especially regarding the demonstration of international recognition and the nature of the achievements or contributions presented.

Thus, although elements present in Kazarian may be considered to guide the analysis of the treatment given to evidence and the interpretation of regulations in EB-1 petitions, there is no automatic and direct application of all the arguments in that case to EB-1B. Each petition is unique, and the analysis will consider the specific set of evidence presented and how it fits the legal requirements for the category.

It is always worth emphasizing the importance of staying within the parameters established by United States immigration laws, seeking updated and reliable information, and consulting specialized professionals or companies to avoid complications. When dealing with such complex issues, it is crucial to be vigilant to avoid pitfalls or promises of easy results, as immigration is a subject that requires care and precision in the presentation of documents and arguments.

In summary, while some of the principles discussed in Kazarian v. USCIS may have implications that influence the granting of EB-1B, the decision does not fully apply to this visa subgroup. Each case must be analyzed individually, considering the specific nuances of the criteria required for professors and researchers.

Victoria Harper

Editor-in-Chief

Meet the author

Leading journalism and editorial content at Visto n’ Visa, Victoria helps make immigration topics clear, trustworthy, and easy to understand. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.