USCIS has recently issued important updates in its Policy Manual, aimed at clarifying the types of evidence that can be evaluated for eligibility under the EB-1A extraordinary ability immigrant visa classification. This updated guidance is effective immediately and supersedes any previous related instructions
The key highlights of the new policy guidance include:
- Recognition of Team Awards: USCIS confirms that the receipt of team awards can be considered under the criterion for lesser nationally or internationally recognized prizes or awards for excellence in the field. This acknowledgment broadens the scope of acceptable evidence, recognizing the collective achievements of individuals working as part of a team.
- Clarification on Memberships: The updated policy clarifies how past memberships are evaluated under the membership criterion. This adjustment aims to ensure that petitioners understand the significance of memberships in professional organizations as a relevant indicator of extraordinary ability.
- Revised Published Material Criterion: The guidance removes previous language that suggested published materials must explicitly demonstrate the value of an individual’s work and contributions. This change simplifies the evidentiary requirements, allowing for a broader range of documentation to be considered in establishing a beneficiary’s extraordinary ability.
- Exhibitions Defined: USCIS explains that while the dictionary defines an “exhibition” as a public showing, the relevant regulation specifies the term “artistic” exhibitions. Consequently, only exhibitions that are artistic in nature will be considered as part of a properly supported claim of comparable evidence. This clarification delineates the scope of exhibitions that may support EB-1A eligibility claims.
This new guidance builds upon a previous EB-1A policy update, aiming to provide more transparency and assist petitioners in gathering appropriate evidence to establish the beneficiary’s eligibility for the extraordinary ability classification.
These updates bring significant changes to the preparation process for EB-1A visa petitions. With more specific and clear guidelines, petitioners can more efficiently demonstrate their extraordinary abilities. Potential applicants considering EB-1A in the future can also strategically prepare their documentation to showcase their capabilities.
If you are considering applying for an EB-1A visa, it is important to fully understand the recent USCIS policy changes and prepare thoroughly according to the new USCIS manuals. For immigration consultation regarding the EB-1A, please contact us at mail@songlawfirm.com.
