The Legal Standard
What the law and USCIS guidance require
The criterion at 8 C.F.R. § 204.5(h)(3)(v) is “[e]vidence of the [noncitizen]’s original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the field.” USCIS Policy Manual guidance (Vol. 6, Pt. F, Ch. 2) breaks it into two questions asked in order: first, whether the person made original contributions in the field; and second, whether those original contributions are of major significance to the field. This sits inside the larger two-step Kazarian framework, under which a petitioner must satisfy at least three criteria before USCIS reaches the final-merits determination. Kazarian v. USCIS, 596 F.3d 1115 (9th Cir. 2010).
The federal courts have supplied the content of “major significance.” In Amin v. Mayorkas, 24 F.4th 383 (5th Cir. 2022), the Fifth Circuit affirmed a denial where a chemical engineer’s inventions — including an industry-first design — provided great value to his employers but were not shown to have been adopted across the industry; the court observed that the petitioner “cites no case where an invention that was not adopted by even one industry actor met this standard.” The Policy Manual echoes the point: evidence that work was funded, patented, or published may show originality but “will not necessarily establish, on its own, that the work is of major significance to the field.” Kurzban’s Immigration Law Sourcebook likewise frames the criterion as requiring impact beyond the employer, reading Amin to permit USCIS to require industry adoption.
The same cases mark the outer limits of the objection. USCIS may not collapse the two steps — it “may not conclude that the evidence does not satisfy [an] evidentiary criterion by looking beyond that criterion to the final merits determination,” and at step one an applicant need not “demonstrate how his work already qualified as a contribution of major significance”; prospective significance can suffice for the evidentiary threshold. Zizi v. Cuccinelli, No. 20-cv-07856-SVK (N.D. Cal. June 24, 2021). Nor may USCIS invent a comparative test: the regulations “do not require the petitioner to show the beneficiary’s contributions must exceed that of other researchers or professors in the field.” Scripps Coll. v. Jaddou, No. 4:23CV3075 (D. Neb. Dec. 12, 2023). And detailed, corroborated expert letters remain competent evidence of significance that cannot be waved away as conclusory. Golani v. Allen, No. 22-10202 (E.D. Mich. July 31, 2023); see Matter of Caron Int’l, 19 I&N Dec. 791 (Comm’r 1988).
Governing authorities
- 8 C.F.R. § 204.5(h)(3)(v)
- The criterion — original contributions “of major significance in the field.” USCIS reads it in two steps: originality, then significance.
- Kazarian v. USCIS, 596 F.3d 1115 (9th Cir. 2010)
- Establishes the two-step method: satisfy the regulatory criteria first, then weigh the whole record in a final-merits determination.
- Amin v. Mayorkas, 24 F.4th 383 (5th Cir. 2022)
- “Major significance” means impact beyond the petitioner’s own employer; value to an employer, even from an industry-first design, is not enough without evidence of field-wide adoption.
- Zizi v. Cuccinelli, No. 20-cv-07856-SVK (N.D. Cal. June 24, 2021)
- USCIS may not conflate step one with final merits; prospective significance can meet the evidentiary threshold, and patents (novel and useful) cannot be discounted with an incomplete patentability standard.
- Scripps Coll. v. Jaddou, No. 4:23CV3075 (D. Neb. Dec. 12, 2023)
- USCIS may not impose a novel requirement that the contribution exceed that of every other researcher in the field, and may not find evidence sufficient at step one but insufficient at final merits without explanation.
- Golani v. Allen, No. 22-10202 (E.D. Mich. July 31, 2023)
- USCIS acted arbitrarily in dismissing detailed testimonial letters that described specific, novel contributions and how other experts relied on the work.
- Matter of Caron Int’l, 19 I&N Dec. 791, 795 (Comm’r 1988)
- Expert letters are advisory; USCIS weighs them and may give less weight to a letter that is questionable or not in accord with the record — but must actually weigh them.
- USCIS Policy Manual, Vol. 6, Pt. F, Ch. 2 (Criterion 5)
- Funding, patents, or publication may show originality but not, on their own, major significance; highly cited work that provoked widespread commentary, or a patented technology attracting significant attention or commercialization, may be probative.