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; rklasko@klaskolaw.com

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;

MMstelljes@tmh.tmc.edu