Updated Guidance Issued on EB-1 Visa Applications
USCIS has updated its guidance on the evidentiary requirements that have to be met by EB-1 immigrant visa applicants, specifically extraordinary ability (E11) EB-1 and outstanding professor or researcher (E12) EB-1 visa applicants.
The guidance documentation now includes examples of acceptable evidence to satisfy the relevant evidentiary criteria and considerations for evaluating comparative evidence, with a primary focus on science, technology, engineering, and mathematics (STEM) fields.
In particular, the changes include the following:
- Petitioners may demonstrate that criteria are applicable to their occupation by relying on “detailed, specific, and credible” information. The guidance goes on to say that “a criterion need not be entirely inapplicable to the person’s occupation” to be considered as comparable evidence.
- Adjudicators would “consider any potentially relevant evidence” while examining the petition in its totality. This applies regardless of whether the material satisfies a particular regulatory requirement or was provided by the petitioner as comparable evidence.
- The guidance states that “evidence may weigh more favourably on its own” or become more compelling when considered in the context of other evidence. As such, USCIS states that petitioners must “provide sufficient context… to demonstrate that the evidence meets the relevant criteria.”
- Examples are provided of situations where the totality of the evidence may be used to help adjudicators assess the quality of the evidence and decide whether the applicant is eligible.
The additional examples offered by USCIS and the factors taken into account by adjudicators while reviewing the material should be carefully considered by employers and petitioners who intend to submit EB-1 petitions under these classifications, in particular, the examples of comparable evidence and explanations surrounding an adjudicator’s consideration of the totality of evidence for roles that do not have typical evidence for the regulatory requirements.
This article does not constitute direct legal advice and is for informational purposes only.
Author
Founder & Principal Attorney Nita Nicole Upadhye is a recognized leader in the field of US business immigration law, (The Legal 500, Chambers & Partners, Who's Who Legal and AILA) and an experienced and trusted advisor to large multinational corporates through to SMEs. She provides strategic immigration advice and specialist application support to corporations and professionals, entrepreneurs, investors, artists, actors and athletes from across the globe to meet their US-bound talent mobility needs.
Nita is an active public speaker, thought leader, immigration commentator, and immigration policy contributor and regularly hosts training sessions for employers and HR professionals.
