In its Policy Manual, the USCIS outlined the criteria used to determine eligibility for inter alia extraordinary ability (i.e. E-11 Visa) and outstanding professor or researcher first preference employment-based immigrant visa classifications (i.e. E-12 Visa).[1] We review and summarize the updates here for the EB-1 eligibility clarification.

People with “extraordinary ability” in the following areas including athletics, sciences, education, arts, or business can file a petition themselves for an E-11 visa without an employment offer or certification from the U.S. Department of Labor. However, such an applicant must still show that they intend to continue work in the area of their “extraordinary ability” and that their work will substantially benefit the United States in the future.[2]

An applicant for an E-11 visa demonstrates their “extraordinary ability” by presenting the USCIS officer with documentation broadly evidencing the applicant’s sustained national or international acclaim and that the applicant’s achievements have been recognized in the field of expertise.[3]

A U.S.-based employer, including an institution of higher learning, a university or a private employer, may file a petition for a professor or researcher who is internationally recognized as outstanding in an academic area. They can file the petition for an E-12 Visa to work in a tenured or tenure-track position or a comparable position for conducting research.[4]

A petitioner applying for an E-12 visa for a beneficiary is required to submit evidence to demonstrate that the beneficiary professor or researcher is recognized internationally as outstanding in the academic field specified. They must also provide evidence of an offer from a qualifying prospective employer of tenured or tenure-track employment or permanent employment in the case of a research position. The beneficiary must have at least 3 years of experience in teaching or research in the academic field in which the beneficiary will be engaged, proven with evidence.[5]

The USCIS updated its Policy Manual on September 12, 2023, vide circular no. PA-2023-26 (“Policy Update”). This Policy Update renders detailed guidance on the assessment of evidence by the USCIS submitted in support of E-11 extraordinary ability and E-12 outstanding professor or researcher Visa petitions.[6] The Policy Update introduced the following key changes:

  • Incorporates content from the appendix into the guidance and clarifies how the USCIS evaluates the totality of the evidence to determine an applicant’s eligibility for E-11 and E-12 petitions respectively and provides examples of positive factors that officers may consider.
  • Clarifying guidance was added describing examples of evidence that may satisfy the evidentiary criteria laid down or qualify as comparable evidence, along with considerations for evaluating such evidence, with a focus on science, technology, engineering, or mathematics (STEM) fields.

This Policy Update affects amendments to Volume 6, Chapter 2 and Chapter 3 of the USCIS Policy Manual.

If you have questions about EB-1 eligibility and the extraordinary ability visa, contact us at ILBSG. Our team of experienced attorneys actively monitors and applies the latest U.S. immigration policy to ensure our clients get the right advice.

 

[1] https://www.uscis.gov/policy-manual/volume-6-part-f-chapter-2

[2] Ibid.

[3] Ibid.

[4] https://www.uscis.gov/policy-manual/volume-6-part-f-chapter-3

[5] Ibid.

[6] https://www.uscis.gov/sites/default/files/document/policy-manual-updates/20230912-ExtraordinaryAbilityOutstandingProfessor.pdf

EB-1 Extraordinay Ability