New Guidance on EB-1 Green Card Eligibility Criteria for Individuals with Extraordinary Ability
U.S. Citizenship and Immigration Services (USCIS) has updated its policy guidance in the USCIS Policy Manual clarifying the eligibility criteria for the EB-1 green card immigrant visa classification for individuals with extraordinary ability.
EB-1 extraordinary ability green card applicants must demonstrate their sustained national or international acclaim at the top echelon of their field. Earning a Nobel Prize or similar award satisfies US immigration regulations. However, if the EB-1 extraordinary ability green card applicant is not the recipient of such an award then they must demonstrate that they satisfy at least three of ten criteria and that based on the totality of the circumstances, their EB-1A extraordinary ability application warrants an approval.
The updated policy provides clearer direction on how certain types of evidence will be evaluated, ensuring a more transparent and consistent application process. Here are some key highlights from the new guidance:
- Recognition of Team Awards: USCIS will now accept team awards as evidence under the criterion for nationally or internationally recognized prizes.
- Clarification on Memberships: Past memberships in professional organizations will be taken into account under the membership criterion.
- Adjustment to Published Material Criteria: Published material no longer needs to demonstrate the applicant’s work value to meet this requirement.
- Definition of Exhibitions: Only artistic exhibitions will be considered, unless comparable evidence is provided.
Please contact Attorney Monique Kornfeld to create the strongest EB-1A extraordinary ability visa petition possible.