United States | USCIS issues new guidance on EB-1 eligibility

U.S. Citizenship and Immigration Services issued updated policy guidance to clarify the types of evidence that may be evaluated to determine eligibility for the extraordinary ability EB-1 immigrant visa.

Key Points:

• The updated guidance clarifies the following matters regarding the EB-1 visa:
  • USCIS considers an individual’s receipt of team awards under criterion for lesser nationally or internationally recognized prizes or awards for excellence in their field.
  • Past memberships are considered under membership criterion.
  • The agency removed language suggesting published material must demonstrate the value of the individual’s work and contributions to satisfy the published material criterion.
  • Regarding use of the term “exhibition,” 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 policy update, effective immediately, is intended to provide more clarity and transparency to petitioners to help them submit appropriate evidence to establish a beneficiary’s eligibility.

Additional Information: Further information on the extraordinary ability EB-1 immigrant visa is available here.

This alert has been provided by the BAL U.S. Practice Group.

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