Policy guidance clarifies application eligibility evidence for EB-1A immigrant classifications
Effective October 2, 2024, U.S. Citizenship and Immigration Services (USCIS) issued policy guidance to further clarify the types of evidence that it may evaluate to determine eligibility for extraordinary ability EB-1A immigrant visa classification. The EB-1A classification is reserved for noncitizens of extraordinary ability in the sciences, arts, education, business, or athletics, which has been demonstrated by sustained national or international acclaim, and whose achievements have been recognized in the field through extensive documentation.
This new USCIS EB-1A policy guidance does the following:
- Confirms that USCIS considers 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 considers 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.
USCIS advises that this guidance builds on a September 2023 EB-1 USCIS policy update to provide more clarity and transparency to assist petitioners in submitting appropriate evidence that may establish the beneficiary’s eligibility for EB-1A immigrant visa classification.
UB Greensfelder’s Immigration Law Practice Group is closely monitoring developments and is prepared to support you and your organization with your business needs. Please reach out to our immigration attorneys if you have any questions.
Information provided by USCIS.
