Key Points
- USCIS has updated guidance in its Policy Manual for EB-1 eligibility
- The updated guidance clarifies existing EB-1 eligibility criteria
- USCIS made the change to help petitioners establish eligibility
- The policy update is effective immediately
Overview
US Citizenship and Immigration Services (USCIS) has issued new guidance on EB-1 eligibility criteria for individuals with extraordinary ability.
USCIS has updated the policy guidance in its Policy Manual to clarify the types of evidence it will consider when determining EB-1 eligibility.
Specifically, the new policy guidance:
- Confirms USCIS will consider 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 will consider 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
The revised EB-1 guidance provides additional clarity and transparency compared to USCIS’s previous EB-1 guidance. USCIS made the change to help petitioners submit appropriate evidence to establish their eligibility.
The new EB-1 guidance is effective immediately. Additional information is available in the USCIS Policy Manual.
Written by: Lucy Halse, Content Marketing Associate, Envoy Global
Edited by: Frank Fogelbach, Managing Attorney, Corporate Immigration Partners
Source: US Citizenship and Immigration Services (USCIS)
