USCIS Updates Policy Guidance for EB-1 Green Card: Key Changes for Individuals with Extraordinary Ability
Authors: McEntee Law Group and Liz Mascio
On October 2, 2024, U.S. Citizenship and Immigration Services (USCIS) released new policy guidance that clarifies the types of evidence that can be submitted when applying for an EB-1 green card under the extraordinary ability classification. These updates provide more flexibility in proving eligibility, making it easier for individuals to meet the stringent requirements of the EB-1 category.
What is the EB-1 Green Card?
The EB-1 green card falls under the Employment-Based First Preference Category, designed for individuals who can demonstrate extraordinary ability in fields like the arts, sciences, education, business, or athletics. One of the main advantages of this visa is that applicants can self-petition—meaning no job offer is required—if they can provide sufficient evidence of their extraordinary ability. To qualify, individuals must show they meet at least three of the regulatory criteria, which focus on sustained national or international acclaim in their field.
Key Updates in the New USCIS Guidance
The updated policy clarifies four important points regarding the types of evidence that can be submitted for EB-1 petitions. Here’s what’s new:
Team Awards Can Satisfy Award Criteria
USCIS has confirmed that individuals can now use team awards to meet the criterion of “lesser nationally or internationally recognized prizes or awards.” This means that if you have been part of a group effort that received a prestigious award, it can count towards your eligibility—even if the award was not given specifically to you as an individual.
Past Memberships Count Towards Membership Criteria
USCIS will now consider past memberships in organizations, not just current ones, to meet the membership criterion. This is particularly beneficial for applicants who were previously members of exclusive organizations that recognize extraordinary ability but are no longer active members.
Published Material Doesn’t Need to Focus on Applicant’s Value
The new guidance removes language that previously required published material to demonstrate the value of the applicant’s work or contributions. Now, the material simply needs to mention the applicant, easing the burden on individuals trying to meet this criterion.
Exhibitions Limited to Artistic Fields
While the term “exhibition” can refer to various public showings, USCIS clarified that only artistic exhibitions will count under the exhibition criterion. Non-artistic exhibitions, such as scientific presentations, will not meet this criterion but may still be considered under the “comparable evidence” category if properly supported.
Why This Matters for Applicants
These changes offer more flexibility in how evidence can be submitted and evaluated, potentially making it easier to demonstrate eligibility for the EB-1 green card. For instance, those who have been part of teams or organizations but don’t have direct individual recognition may find the team award and past membership clarifications especially helpful.
Conclusion
The new USCIS guidance provides more clarity and transparency, making it easier for petitioners to present their case. These changes will particularly benefit those in non-artistic fields and individuals who have contributed to team efforts or were previously recognized. If you’re pursuing an EB-1 extraordinary ability green card, these updates could significantly impact your case. Make sure to consult with an experienced immigration attorney to understand how this new guidance might apply to your situation.
For more detailed information on the new policy, visit USCIS’s Policy Manual, Volume 6, Part F, Chapter 2.
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