On October 10, 2024, the USCIS issued updated policy guidance on the EB-1 extraordinary ability immigrant visa, clarifying the types of evidence that can be considered when determining an applicant’s eligibility.

This new guidance is part of ongoing efforts to enhance clarity and transparency for petitioners, making the EB-1 visa process more accessible for individuals with extraordinary abilities across various fields.

 

Background on the EB-1 Visa

 

The EB-1 visa, often referred to as the “extraordinary ability” visa, is a highly sought-after US immigration option for individuals who can demonstrate outstanding achievements in fields such as science, business, education, athletics, or the arts.

To qualify, applicants must provide evidence of significant accomplishments, including prestigious awards, membership in exclusive organizations, or substantial contributions to their field.

This visa allows recipients to gain permanent residency (a green card) in the US without needing a job offer, making it an attractive pathway for top-tier talent. However, meeting the strict eligibility requirements has historically been challenging, and the new USCIS guidance aims to clarify the types of evidence that can be submitted to establish an applicant’s extraordinary ability.

 

Latest Updates to the EB-1 Guidance

 

The updated guidance introduces several important clarifications:

 

Recognition of Team Awards

 

USCIS will now consider an individual’s receipt of team awards as evidence under the criterion for “lesser nationally or internationally recognized prizes or awards for excellence.” This change aligns USCIS policy with long-standing norms in fields like science and technology, where many prestigious awards are given to collaborative teams rather than individuals.

Recognizing team awards as valid evidence should help more applicants meet the EB-1 criteria.

 

Past Memberships Considered

 

Another key update clarifies that past memberships in prestigious organizations can be used as evidence under the “membership criterion.”

Previously, only current memberships were generally accepted, but this change allows applicants to include evidence of their professional standing in recognized associations, even if their membership has since lapsed.

 

Published Material Criteria Updated

 

USCIS has removed language suggesting that published material about the applicant must explicitly demonstrate the value of their work. Now, published articles or features that highlight the individual’s achievements or contributions can be considered sufficient, without requiring specific language emphasizing the impact of their work.

 

Clarification on Non-Artistic Exhibitions

 

While the term “exhibition” in the regulations is modified by “artistic,” USCIS will now only consider non-artistic exhibitions (e.g., scientific exhibitions or displays of innovation) as valid evidence if they are part of a well-supported claim of extraordinary ability.

 

What the New Guidance Means for Applicants

 

These updates represent incremental but meaningful changes that will make it easier for EB-1 applicants to provide the evidence required to qualify. In particular, recognizing team awards and allowing past memberships will open the door to more applicants who may have previously struggled to meet the strict eligibility requirements.

The clarification on published material will also simplify the process for many applicants by removing the requirement to explicitly demonstrate the impact of their work, making it easier to submit articles, interviews, or profiles that highlight their achievements.

Furthermore, the update on non-artistic exhibitions broadens the scope of evidence for applicants in fields beyond the arts, offering more flexibility for those in business, science, and technology to use their exhibitions and displays as valid evidence of extraordinary ability.

 

Need Assistance?

 

The updated guidance is a positive development for a wide range of industries – including business, innovation and technology.

As this guidance takes effect immediately, those planning to apply for the EB-1 visa should review the new criteria carefully to ensure they submit the strongest possible evidence in their petitions.

For advice on the new rules or guidance on a specific EB-1 visa application, contact our US immigration attorneys.