It has been noted that a trend of Requests for Evidence (RFEs) and denials in EB-1A, EB-1B, and EB-2 NIW petitions that seem to diverge from established legal standards and USCIS policy guidance. These issues include, among others, imposing requirements beyond the agency’s authority, incorrectly merging the two-step adjudication process, and not adequately assessing evidence based on the “preponderance of…
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