Today, U.S. Citizenship and Immigration Services (USCIS) issued a new policy guidance in its Policy Manual to clarify the types of evidence that it may evaluate to determine eligibility for extraordinary ability EB-1 immigrant visa classifications.
The immigrant category for foreign nationals of extraordinary ability is similar to the “O” nonimmigrant visa category. The foreign national must have sustained national or international acclaim in the sciences, arts, education, business or athletics. Additionally, the foreign national must seek to enter the United States to continue working in the area of extraordinary ability, and his or her entry must “substantially benefit prospectively” the United States. No offer of employment is required.
The foreign national’s extraordinary ability and achievements must be extensively documented, and must indicate that he or she is one of a small percentage who have risen to the top of a field of endeavor.
Foreign national must meet 3 of 10 criteria below, or provide evidence of a one-time achievement (i.e., Pulitzer, Oscar, Olympic Medal): (i) evidence of receipt of lesser nationally or internationally recognized prizes or awards for excellence; (ii) membership in an association which requires outstanding achievement as judged by recognized national or international experts; (iii) evidence of published material in professional publications written by others about the person’s work; (iv) participation as a judge of the work of others; (v) original scientific research, scholastic, artistic, or business-related contributions of major significance; (vi) authorship of scholarly books or articles in the field; (vii) artistic exhibitions or showcases; (viii) performance in a leading or cultural role for organizations or establishments that have a distinguished reputation; (ix) high salary or remuneration in relation to others in the field; or (x) commercial success in the performing arts.
USCIS’ new policy guidance:
- Confirms that USCIS will consider a person’s receipt of “team” awards under the criterion for lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor;
- Clarifies that USCIS will consider “past” memberships under the membership criterion;
- Removes language suggesting published material must demonstrate the value of the person’s work and contributions to satisfy the published material criterion; and
- Explains that while the dictionary defines an “exhibition” as a public showing not limited to art, the relevant regulation expressly modifies that term with “artistic,” such that USCIS will only consider non-artistic exhibitions as part of a properly supported claim of comparable evidence.
This new guidance builds on a previous EB-1 policy update, providing more clarity and transparency to assist petitioners in submitting appropriate evidence that may establish the beneficiary’s eligibility.
This USCIS’ policy update is effective immediately and is controlling and supersedes any related prior guidance on the topic. For more information, refer to USCIS’ Policy Manual, Volume 6, Part F, Chapter 2.
Additional information about employment-based first preference (EB-1) categories can be obtained by visiting our website.
HSD Immigration Lawyer will continue to monitor and share additional updates as USCIS releases pertaining to Extraordinary Ability EB-1 Immigrant Visa Classifications.
Contact one of HSD Immigration Lawyer offices in Clark, NJ; Chicago, IL; Naperville, IL or Raleigh, NC, for additional information about this recent announcement and for filing extraordinary ability EB-1 I-140 petitions.