U.S. Citizenship and Immigration Services (USCIS) released new guidance, clarifying evidence types for EB-1 visas. The guidance focuses on the types of evidence USCIS considers when reviewing EB-1, Extraordinary Ability applications. The visa is intended for individuals who demonstrate extraordinary ability in the sciences, arts, education, business, or athletics. Sustained national or international acclaim are required for this visa, demonstrated by proving a minimum of 3 of 10 criteria.
In the updated to EB-1 evidence guidance from USCIS, the focus is on team awards. USCIS will consider team awards for EB-1 applicants in categories of lesser international and national awards and prizes. Awards and prizes is one of the 10 evidentiary criteria available for EB-1 applications. In addition, past memberships in association that require outstanding achievements are also accepted. Memberships in such groups must be determined by experts in the category of evidence.
Language addressing published material about the individual in professional or trade publications must include the value of their contribution and work has been removed from USCIS guidance. To qualify, individuals must be noted in a “substantial discussion” about the topic or person. Work as part of a team is acceptable, as long as the individual demonstrates a significant contribution to the project.
Finally, updates to the artistic and showcases criteria are included. To qualify for this criteria, applications can include “comparable evidence” for some nonartistic showcases or exhibitions. Other specific requirements apply for the nonartistic showcases or exhibitions. Researchers and professors are eligible for the EB-1 visa if they meet a minimum of two of six evidentiary criteria.
If you have questions about the EB-1 visa or any other U.S. immigration issue, contact us at ILBSG. Our clients work directly with attorneys to ensure they get the right advice for their specific situation. We welcome employment-based and family-based immigration matters.
