The U.S. Department of Homeland Security (DHS) is proposing to expand the current list of evidentiary criteria for employment-based first preference (EB-1) outstanding professors and researchers to include a “comparable evidence provision.” The “comparable evidence provision” is significant, especially in more current or less established fields of endeavor, such as internet design or extreme sports, where more conventional kinds of evidence may not be available. For example, a twenty-something Swedish web designer who is well-known among the tech community could have considerable difficulty meeting the current out-of-date evidentiary requirements, such as finding a major trade journal in his field. The “comparable evidence provision” builds flexibility into the regulations so that such stars can benefit and contribute to the U.S. economy as immigrants. This proposal would harmonize the regulations for EB-1 outstanding professors and researchers with other employment-based immigrant categories that already allow for submission of comparable evidence.

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