If you’re applying for a green card based on extraordinary ability, now is the time to make sure your petition and supporting documentation agree with the new U.S. Citizenship and Immigration Services (USCIS) policy guidance issued on October 2, 2024. If your evidence failed to meet requirements under the old guidance, these changes could impact your case’s outcome.
The first preference employment-based visa category (EB-1) is for permanent residency and does not require a job offer. Individuals qualifying for this category will likely wait less time for a green card than other immigrants. This visa has three classifications under which you may apply, including:
- Extraordinary ability in the arts, athletics, business, education, or sciences through sustained national or international acclaim (EB-1A)
- Outstanding professors and researchers with at least three years of experience in teaching/research and demonstrate international recognition (EB-1B)
- Certain Multinational executives or managers being transferred to jobs in the U.S. (EB-1C)
Current Criteria for EB-1A
To qualify for extraordinary ability (EB-1A), you must meet at least 3 of 10 regulatory criteria, or provide evidence of a one-time achievement (i.e., Pulitzer, Oscar, Olympic Medal). The regulatory criteria are:
- Evidence of receipt of lesser nationally or internationally recognized prizes or awards for excellence
- Evidence of your membership in associations in the field which demand outstanding achievement of their members
- Evidence of published material about you in professional or major trade publications or other major media
- Evidence that you have been asked to judge the work of others, either individually or on a panel
- Evidence of your original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field
- Evidence of your authorship of scholarly articles in professional or major trade publications or other major media
- Evidence that your work has been displayed at artistic exhibitions or showcases
- Evidence of your performance of a leading or critical role in distinguished organizations
- Evidence that you command a high salary or other significantly high remuneration in relation to others in the field
- Evidence of your commercial successes in the performing arts
Updated Criteria
USCIS updated four of the regulatory criteria to help clarify what can be evaluated to determine eligibility for EB-1A. The updates include:
- 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. This change will broaden the scope for individuals in fields where collaborative efforts were made.
- USCIS considers past memberships under the membership criterion. This benefits applicants with past memberships in professional associations, giving more opportunities to recognize their expertise and accomplishments.
- Removes language suggesting published material must demonstrate the value of the person’s work and contributions to satisfy the published material criterion. This makes it much easier to fulfill the requirement for individuals with media coverage that is broad or general.
- USCIS will only consider non-artistic exhibitions or showcases as part of a properly supported claim of *comparable evidence. Including non-artistic exhibitions gives opportunities for applicants in non-artistic fields where public exhibitions may still demonstrate extraordinary ability. *When evaluating comparable evidence, officers must consider if the regulatory criteria are readily applicable to the person’s profession and, if not, whether the evidence provided is truly comparable to the criteria listed in that regulation.
If you submit a document in any language other than English, the document must be accompanied by a full and complete English translation. The translator must certify the translation is accurate and that he or she is competent to translate from that language to English.
The new clarifications will make it easier for employment-based immigrants to qualify as individuals with extraordinary abilities. It is crucial to support claims of extraordinary ability with extraordinary evidence. The latest guidance broadens the types of evidence that may be considered and will thereby allow more immigrants to obtain their green card faster. These are small changes, but they could impact many cases.
Meeting the High Standard of Evidence
After establishing you either received a one-time achievement or you have met three of the other criteria, you must provide evidence of sustaining national or international acclaim and that you have been recognized as being at the top of your field of expertise. You may have achieved extraordinary ability in the past, but you must still be maintaining a comparable level of acclaim thereafter. Your contributions must be original and of major significance in your field. You may submit testimony or letters from experts attesting to this. The evidence should show that people throughout your field consider your work important, your work has provoked widespread public commentary, your publications have accumulated a significant number of citations, and your work is being implemented by others. Some evidence of implementation may include contracts with companies using your products, licensed technology being used by others, or patents currently being utilized and shown to be significant in the field.
The major significance of your work must be demonstrated by preexisting, independent and objective evidence. Simply meeting three of the criteria does not guarantee approval. You need to provide high-quality evidence that clearly corroborates your extraordinary ability.
For more information about this visa category, feel free to contact Attorney Jane Y. Lee to schedule a consultation.