Kazarian v. US Citizenship & Immigration Servs., 596 F.3d 1115 (9th Cir. 2010)

Dr. Kazarian, a physicist from the Republic of Armenia, applied for a visa under the category of aliens with extraordinary ability in the sciences. The U.S. Citizenship and Immigration Services (USCIS) recognized Dr. Kazarian's expertise but found he did not meet the requisite criteria for establishing his extraordinary ability. The district court upheld the USCIS's decision. On appeal, the Ninth Circuit Court of Appeals reviewed how the USCIS determines the eligibility of an applicant under this category and ultimately determined that the USCIS had erred in its two-step adjudicative process.

Holding:

The Ninth Circuit held that the USCIS erred in its evaluation method, particularly at the second step of the evaluation process, by adding requirements that weren't present in the regulations. The case was remanded to the USCIS for a new evaluation consistent with the clarified standard.

Important Cases and Statutes Relied Upon:

• 8 U.S.C. § 1153(b)(1)(A): This statute details the preferences for employment-based immigrants. It establishes the first preference for "priority workers," including those with extraordinary ability in the sciences, arts, education, business, or athletics.
• 8 C.F.R. § 204.5(h)(3): This regulation details the evidence that can be presented to demonstrate extraordinary ability.
• Matter of Chawathe, 25 I. & N. Dec. 369 (AAO 2010): This case clarified the standard of proof in cases adjudicated by the USCIS.
  

Legal Implications in Simple Terms:

The Ninth Circuit's decision in Kazarian clarified the correct method USCIS should use when evaluating visa applications for aliens with extraordinary abilities. The court clarified that the USCIS cannot add extra criteria not present in the official regulations. This means that the USCIS must stick closely to the regulations when determining whether someone has an "extraordinary ability" for visa purposes. The decision helps ensure a more transparent and consistent evaluation process for such visa applications.