Two-Part Approach (the Kazarian case) for EB1-A (Alien of Extraordinary Ability) petition

1. Introduction
   An August 2010 USCIS memorandum now requires a two-step analysis for EB1-A Aliens of Extraordinary Ability, EB1-B Outstanding Professors and Researchers, and EB-2 Foreign Nationals of Exceptional Ability.
2. Two Parts Approach
   The interim guidance directs USCIS adjudicators to evaluate EB1-A, EB1-B, and EB-2 petitions using a two-part approach.

Part 1: Calculating prongs satisfied

The adjudicator determines whether the beneficiary has submitted evidence meeting the criteria for the immigration classification sought, as USCIS rules require.

Take EB1-A as an Example: An EB1-A extraordinary ability petition must show receipt of a major internationally recognized award, such as a Nobel Prize, or at least three of the 10 types of evidence listed in the rules. To decide whether the applicant has received a major award (quite unusual) or met at least three listed types of evidence, adjudicators review the record to count the evidentiary prongs satisfied. Once at least three prongs - or one major award - are met, the adjudicator may proceed to the second step.

Part 2: Totality test

The adjudicator considers all submitted evidence as a whole to decide whether the foreign national meets the level of expertise the category requires. In this phase, the adjudicator weighs all the evidence and determines whether, cumulatively, it proves by a preponderance of the evidence that the I-140 beneficiary meets the category's general definition.

Take EB1-A as an Example: In an EB1-A case, the adjudicator must decide, on the whole record, whether the applicant is at the very top of his or her field of endeavor. In that final merits determination, the quality of the evidence is a proper consideration - for example, whether the judging responsibilities were internal and whether the scholarly articles (if pertinent to the occupation) are cited.