USCIS New Guidance on EB1A for Individuals with Extraordinary Ability

By Richard T. Herman, Esq.

Immigration Articles, Immigration News, 8 min read

More Clarity on Supporting Evidence

On October 3, 2024, USCIS updated its policy guidance for the EB-1A extraordinary ability visa with more clarity on what constitutes appropriate evidence to prove eligibility for this popular immigrant category.

Quick Takeaways

The updated guidance clarifies several important points to help EB-1 applicants and their reps prepare the right documentation:

Team Awards as Qualifying Evidence: Team awards can now be used to meet the “lesser nationally or internationally recognized prizes or awards for excellence” criterion. So even if you were part of a team, it may still count if you can show how you contributed to the team’s success.
Past Memberships in Professional Organizations: USCIS will now accept evidence of both past and current memberships under the membership criterion. So you can include memberships you no longer hold as long as you were recognized for outstanding work while a member.
Published Material Criterion Update: Previously, USCIS required published materials about the applicant’s work to show the “value” of their contributions. That requirement is gone. Now you can include articles and media mentions without having to prove the value of the individual’s work.
Use of “Artistic” in Exhibition Requirement: The term “exhibition” now means “artistic exhibition”. Only artistic exhibitions will be considered under this criterion, but non-artistic exhibitions can still be used as comparable evidence if supported.

What is EB-1A Extraordinary Ability Classification?

The EB-1A classification for individuals with “extraordinary ability” is an immigrant visa for those who have achieved national or international recognition in science, art, education, business or athletics. Here’s the breakdown of eligibility and evidence requirements for this category.

EB-1 Extraordinary Ability Eligibility

To qualify, applicants must meet these requirements to establish the beneficiary’s eligibility:

Extraordinary Ability in a Field: The applicant must demonstrate exceptional skill and recognition in their field, with extensive documentation of national or international acclaim.
Purpose of Entry: The applicant is entering the U.S. to continue work in their area of extraordinary ability.
Benefit to the U.S.: The applicant’s work will benefit the U.S. in the future.

Self-Petitioning

Applicants don’t need a job offer for this category, so they can file on their own without employer sponsorship. But they still need to show their intention to continue work in their field, benefiting the.

Purpose of the Update

This guidance from the U.S. Citizenship and Immigration Services (USCIS) is to provide more clarity and transparency so EB-1 petitioners can better understand and meet the evidence requirements. It’s to make the process easier for applicants to gather the right documentation to support their extraordinary ability case.

Effective Date

This guidance is effective immediately and applies to all pending and new cases.

Breakdown of the New Guidance

This guidance explains in detail how to determine eligibility by evaluating evidence, including the criteria for awards, memberships, published material and exhibitions. Here are the highlights:

1. Team Awards and Recognized Prizes

Team Awards: USCIS says individual contributions to team awards can qualify under the “lesser nationally or internationally recognized prizes or awards for excellence” in the field, provided they meet the eligibility criteria outlined in the new guidance.
Evidence of Recognition: This allows applicants who were part of award-winning teams to present those as evidence of recognition in their field, and expands eligibility to include shared work.

2. Membership in Professional Associations

Past and Current Memberships: USCIS says both past and current memberships can be considered under the membership criterion for EB-1, which is part of their broader immigration services.
Evidence of Selective Membership: This criterion looks for memberships that are exclusive or require outstanding achievements, so evidence of the selective nature of the membership process helps strengthen eligibility.

3. Published Material Criteria

Remove “Value” Requirement: USCIS removed the requirement for published materials to show the “value” of the individual’s work, allowing officers to consider any potentially relevant evidence.
Focus on Content: Applicants can now submit published articles, media coverage or other relevant publications without having to justify the content’s value, just the fact that it’s about their work.

4. Exhibitions for Artistic and Non-Artistic Fields

Clarify “Exhibition” Definition: The policy says “artistic exhibitions” are prioritized under the EB-1 criteria according to the regulations. But non-artistic exhibitions can still be considered if submitted as comparable evidence with proper supporting documentation. Such evidence is crucial for demonstrating eligibility, especially in light of recent updates to the USCIS Policy Manual.
Public Showings Beyond Art: This says while artistic exhibitions are preferred, applicants from non-artistic fields should present exhibitions with supporting evidence to make sure they meet the high standards of the EB-1.

How This Impacts EB-1 Petitioners

This guidance is an extension of previous EB-1 updates, making the evaluation process more clear and transparent. Here’s how this helps applicants:

Easier Documentation: By clarifying team awards and removing the “value” requirement for published materials, USCIS is making it easier on applicants.
More Fields Eligible: The new guidance on exhibitions and team awards allows applicants from more fields to submit evidence, more talents and professions.
Effective Immediately: This guidance is effective immediately and applies to all pending and new cases.

Where to Find More Information

The full guidance is in USCIS Policy Manual, Volume 6, Part F, Chapter 2. This is the main source of guidance for petitioners and their representatives to prepare their applications.

This guidance is to help EB-1 petitioners show extraordinary ability more clearly, so they can better understand what to submit. For more information, applicants can check the Policy Manual or consult with qualified immigration attorneys.

Background on EB1A Requirements

1. National or International Acclaim

Applicants must show evidence of national or international recognition. “National” means recognition in the U.S. or a U.S. territory; “international” means recognition outside the U.S. or U.S. territory. “Sustained” means the recognition is continuous but doesn’t mean an age limit; even early-career professionals can qualify if they show ongoing achievements. Officers will look at whether the applicant has had acclaim since any initial recognition.

2. Continuing Work in the Field

Applicants should plan to continue work in the same field of expertise. For example, athletes transitioning into coaching can still qualify if they show sustained acclaim and achievements in coaching, as long as this role is in their field of extraordinary ability.

3. Benefit to the U.S.

The applicant’s work should benefit the U.S. but there is flexibility in what constitutes “substantial benefit”. This will vary by case and USCIS may request more evidence if needed.

Evidence for EB-1 Extraordinary Ability

The applicant must meet one of two evidence paths:

One-Time Achievement: Such as a major international award (e.g. Nobel Prize).
Three Types of Evidence: If no one-time achievement, applicants must submit at least three of the following.

Evidence Criteria and Considerations

Criterion 1: Awards and Prizes for Achievement

USCIS will consider individual and team awards as long as they are national or international in scope. Qualifying awards might include:

National or professional association awards
Prestigious doctoral dissertation awards

Criterion 2: Membership in Exclusive Organizations

Applicants must be members of organizations that require outstanding achievements, judged by experts in the field. Basic memberships based only on education or dues are not enough.

Criterion 3: Published Material about the Applicant

Evidence includes articles in professional journals, major media or trade publications about the applicant’s work in their field. This must be about the applicant’s work, not their employer’s.

Criterion 4: Judge of Others’ Work

This includes:

Peer reviewer for journals or conferences
Ph.D. dissertation committee member

Criterion 5: Original Contributions of Major Importance

Applicants must show contributions that have had major impact in their field, backed by citations, patents or expert testimony.

Criterion 6: Author of Scholarly Articles

Applicants must have written scholarly articles, often peer-reviewed, that demonstrate expertise and original research in their field.

Criterion 7: Artistic Exhibitions or Displays

Artistic work must be shown in recognized venues, physical or virtual, and must be artistic unless supported by comparable evidence.

Criterion 8: Key or Pivotal Role for Respected Organizations

The role must be important within a respected organization, which could be academic or professional.

Criterion 9: High Salary or Other High Compensation

Applicants can show high earnings relative to others in their field through contracts, pay stubs or industry salary data.

Criterion 10: Commercial Success in the Arts

Evidence of success in the arts may include box office numbers or record sales, showing popularity and demand.

Two-Step Evidence Process

The EB-1 application goes through a two-step review:

Initial Evidence Review: USCIS will review the evidence to see if it meets the regulatory criteria. This means determining if the evidence submitted meets at least three of the criteria or is a one-time achievement.
Final Merits Determination: USCIS will review all evidence to decide if the applicant is among the best in their field and has had national or international recognition.

More

Comparable Evidence: If standard evidence types don’t apply to your field, you may submit comparable evidence of similar recognition or impact, especially for non-traditional fields.

Support Letters: Letters from people in your field can be helpful. But letters are more effective when backed up by concrete evidence of your work.

O-1 to EB-1: Prior O-1 status can be helpful but is not a guarantee of EB-1 approval as the standards are different.