This article was prepared with the assistance of ABIL, the Alliance of Business Immigration Lawyers, of which Loan Huynh is an active member.
On October 2, 2024, U.S. Citizenship and Immigration Services (USCIS) issued policy guidance, effective immediately, to further clarify the types of evidence that the agency may evaluate to determine eligibility for extraordinary ability (E11) EB-1 immigrant visa classifications. The policy guidance:
- Confirms that 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;
- Clarifies that USCIS considers past memberships under the membership criterion;
- Removes language suggesting published material must demonstrate the value of the person's work and contributions to satisfy the published material criterion; and
- Explains that while the dictionary defines an "exhibition" as a public showing not limited to art, the relevant regulation expressly modifies that term with "artistic," such that USCIS will only consider non-artistic exhibitions as part of a properly supported claim of comparable evidence.
USCIS said the new guidance builds on a previous EB-1 policy update that provides "more clarity and transparency to assist petitioners in submitting appropriate evidence that may establish the beneficiary's eligibility."
The policy update, which is included in the USCIS Policy Manual, "is controlling and supersedes any related prior guidance on the topic," USCIS said.
