New Guidance on EB-1 'Extraordinary Ability' Eligibility Criteria

 

On October 2, 2024, U.S. Citizenship and Immigration Services (USCIS) introduced updated policy guidance aimed at clarifying eligibility criteria for the EB-1A immigrant visa classification for individuals with extraordinary abilities.  Overall the changes are positive and encouraging for applicants who plan to submit an EB-1A petition. 

Here are the key points from the new guidance:

1. Team Awards Are Now Considered

USCIS has confirmed that team-based achievements can be included as evidence under the criterion for lesser nationally or internationally recognized prizes or awards for excellence. Previously, it was unclear whether team awards could qualify, but this update clarifies that participation in team awards can strengthen an applicant's case for extraordinary ability.

2. Clarification on Past Memberships

Another significant clarification involves the membership criterion. USCIS will now consider an individual’s past memberships in associations or organizations that require outstanding achievements as evidence of extraordinary ability. This is an important change, as it expands the evidence pool to include historical memberships that demonstrate expertise and recognition in the field.

3. Changes to the Published Material Requirement

USCIS has also revised its approach to the published material criterion. Previously, the language suggested that published material about an applicant must highlight the value and impact of their contributions. However, the new guidance removes this requirement, streamlining the way published material can be used as evidence. This makes it easier for applicants to submit media coverage or reports about their work without needing to prove a direct connection to its significance.

4. Non-Artistic Exhibitions Limited

Regarding the criterion for exhibitions, USCIS clarified that the term “exhibition” as used in its regulations is limited to artistic exhibitions. While the general dictionary definition of "exhibition" includes public displays beyond the arts, USCIS will now only consider non-artistic exhibitions as part of a "properly supported" claim of comparable evidence. This change emphasizes the importance of properly supporting claims of extraordinary ability, especially when referencing exhibitions in fields other than art.

Building on Previous Guidance

The policy update is now part of the USCIS Policy Manual and is binding, replacing any previous guidance related to these criteria. This change represents a significant step toward making the EB-1 process clearer and more accessible for individuals seeking permanent residency based on their exceptional talents. As the policy is effective immediately, those planning to submit EB-1 petitions should familiarize themselves with the updated guidance to ensure they are presenting the strongest possible case.

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule legal consultation.)