USCIS Memo Amends Adjudicator’s Field Manual on General Form I-140 Issues

USCIS issued a memorandum amending the Adjudicator’s Field Manual (AFM) on Form I-140 Issues (AFM Update AD07-26). The memo includes guidance on the determination of whether a US employer falls within the definition of INA § 203(b)(1)(B) in connection with a EB-1 petition filed on behalf of an outstanding professor or researcher:

1. The determination of whether a particular U.S. employer falls within the definition of INA section 203(b)(1)(B), thus allowing USCIS to grant, if otherwise approvable, a first preference (EB-1) petition filed by that employer on behalf of an outstanding professor or researcher in connection with an offer of permanent employment;
2. Procedures for determining whether a labor certification has been filed with a Form I-140 petition during its validity period; and
3. Various issues relating to labor certification applications approved by DOL and filed in support of Form I-140 petitions.

Access the Memorandum here