Spotlight on the U.S.: EB-1 Updates

Spotlight on US Immigration: USCIS has issued updated police guidance regarding evidence for eligibility in the EB-1 Extraordinary Ability Immigrant Visa Classification.

On October 2, 2024, USCIS announced that they have updated their policy guidance in the Policy Manual (Vol. 6, Part F, Ch. 2) regarding the EB-1 Individuals with Extraordinary Ability Immigrant Visa Classification, clarifying the types of evidence permitted to determine eligibility.

The EB-1 (“employment-based, first preference”) category is available for foreign nationals of extraordinary ability, outstanding professors or researchers, or certain multinational executives or managers. The EB-1 Extraordinary Ability Classification specifically requires foreign nationals to demonstrate extraordinary ability in the sciences, arts, education, business, or athletics through sustained national or international acclaim. Applicants must meet 3 of 10 outlined criteria, or demonstrate a one-time achievement such as a Pulitzer, Oscar, or Olympic Medal. Applicants must also demonstrate that they will continue to work in that field in the US.

This policy guidance updates clarify the following:

• Team Awards: USCIS will consider team awards under the lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavour, as opposed to only personal awards. Some fields are inherently team focused, so this allows the recognition of an individual’s contributions to team success.
• Past Memberships: USCIS will consider past memberships under the membership criteria, as opposed to only current memberships.
• Published Material: Language regarding published material expressly demonstrating the value of an individual’s work and contributions under the published material criteria has been removed. This allows evidence to be presented where published material discusses the individual and their work without explicitly defining the work’s significance in the field.
• Exhibitions: Language regarding the definition of “exhibition” has expressly been modified to clarify that USCIS will consider non-artistic exhibitions as part of a properly supported claim of comparable evidence. This allows evidence to be presented of broader exhibitions that an individual has partaken in, as opposed to only artistic exhibitions, as previously defined.

The new guidance is effective immediately, and hopefully providing clarity to previous information.

For more information on the policy update in the Policy Manual: USCIS Policy Manual, Volume 6, Part F, Chapter 2. For more general information on EB-1s: Employment-Based Immigration: First Preference EB-1 | USCIS.

Should you have any questions relating to this change, please contact Aryanah Eghbal ([email protected]) and Mairin Hoban ([email protected]).

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