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IMMIGRATION NOVEMBER 11, 2022 | The Indian Eye 37

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recognition of a nominee’s “significant, whether the beneficiary has extraordi- The Biden Administration has CFR §214.2(o)(3)(ii); 8 CFR §204.5(h)
sustained contributions” to the field of nary ability with sustained national or clearly expressed its desire to expand (2). If the government endeavors to
artificial intelligence, and is judged by a international acclaim.” Here, “officers immigration benefits for those in the promote STEM fields, then it should
panel of current AAAI fellows. may consider any potentially relevant STEM field but has not allowed them to also allow extraordinary individuals
With respect to the fifth criterion, evidence, even if such evidence does take advantage of all immigrant visas, working in the STEM field to apply for
the USCIS provides that “evidence that not fit one of the above regulatory cri- such as the EB-1A. While we applaud the EB-1A. Allowing an extraordinary
the beneficiary developed a patented teria or was not presented as compara- the government’s move to expand the individual in the STEM field to easily
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technology that has attracted significant ble evidence.” In the STEM context, O-1A visa category to cover those in become a permanent resident after
attention or commercialization may es- this may occur when the “record estab- the STEM field, we wonder why a sim- obtaining the O-1A visa will allow this
tablish the significance of the beneficia- lishes that the beneficiary is named as ilar expansion has not occurred for the individual unfettered by the limitations
ry’s original contribution to the field. If an investigator, scientist, or researcher EB-1A. After all, as mentioned, the of a temporary visa status to thrive and
a patent remains pending, USCIS will on a peer-reviewed and competitive- two visa categories share similarities flourish, which in turn will benefit the
likely require additional supporting ev- ly funded U.S. government grant or and both intend to welcome extraordi- United States.
idence to document the originality of stipend for STEM research.” In turn, nary individuals to the U.S. Both cate-
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the beneficiary’s contribution.” this “type of evidence can be a positive gories also require “a level of expertise *Jessica Paszko is an Associate at Cyrus
While all O-1A petitioners may factor indicating a beneficiary is among indicating that the person is one of the D. Mehta & Partners PLLC. She graduat-
submit comparable evidence under the small percentage at the top of the small percentage who have arisen to the ed with a J.D. degree from Brooklyn Law
8 C.F.R. § 214.2(o)(3)(iii)(C) if the beneficiary’s field.” very top of the field of endeavor.” See 8 School in 2021.
enumerated criteria do not readily ap- _________________________________________________________________________________________________________
ply to a particular beneficiary, in the
STEM context, USCIS reiterates that Cyrus D. Mehta, a graduate of Cambridge University and Columbia Law School, is the Managing Partner of Cyrus D. Mehta &
“[a]s with all O-1A petitions, officers Partners PLLC in New York City. Mr. Mehta is a member of AILA’s Administrative Litigation Task Force; AILA’s EB-5 Com-
may consider comparable evidence in Start Watching IndiaLife TV 24 Hours LIVE
support of petitions for beneficiaries mittee; former chair of AILA’s Ethics Committee; special counsel on immigration matters to the Departmental Disciplinary
working in STEM fields. Specifically, Committee, Appellate Division, First Department, New York; member of the ABA Commission on Immigration; board member
if a petitioner demonstrates that a par-
ticular criterion does not readily apply of Volunteers for Legal Services and board member of New York Immigration Coalition. Mr. Mehta is the former chair of the
to the beneficiary’s occupation, the pe- Board of Trustees of the American Immigration Council and former chair of the Committee on Immigration and Nationality
titioner may submit evidence that is of Law of the New York City Bar Association. He is a frequent speaker and writer on various immigration-related issues, including
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comparable significance to that criteri-
on to establish sustained acclaim and on ethics, and is also an adjunct professor of law at Brooklyn Law School, where he teaches a course entitled Immigration and
recognition.” Relatedly, with respect Work. Mr. Mehta received the AILA 2018 Edith Lowenstein Memorial Award for advancing the practice of immigration law
to the evaluating the totality of the evi- and the AILA 2011 Michael Maggio Memorial Award for his outstanding efforts in providing pro bono representation in the
dence, the policy manual provides that
when “the evidentiary requirements immigration field. He has also received two AILA Presidential Commendations in 2010 and 2016. Mr. Mehta is ranked among
specified above are satisfied, an officer the most highly regarded lawyers in North America by Who’s Who Legal – Corporate Immigration Law 2019 and is also ranked
proceeds to evaluate the totality of all on your browser and watch IndiaLife TV 24 Hours
the evidence in the record to determine in Chambers USA and Chambers Global 2019 in immigration law, among other rankings.

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