On October 2, 2024, U.S. Citizenship and Immigration Services (USCIS) issued new policy guidance on the EB-1 immigrant visa category for individuals with extraordinary ability (E11). This update provides much-needed clarity on several points that have long been the subject of debate, particularly during requests for evidence (RFEs). The key takeaways from the update include:
1. Former Memberships: USCIS has confirmed that past memberships in relevant organizations will now be considered under the membership criterion.
2. Publications: USCIS has removed the requirement that the publication must demonstrate the value of the individual’s work. This change eases the burden on petitioners to prove the significance of their published materials.
3. Team Awards: If an individual has received a team award, they may now use it to fulfill the criteria for nationally or internationally recognized prizes. However, the individual must show that their contribution was integral to the team’s success.
4. Exhibitions: USCIS clarified that exhibitions are not limited to artistic works. Non-artistic exhibitions, such as performances or speeches, may also count toward this criterion, provided they are supported with appropriate evidence.
This policy update builds on previous guidance and is effective immediately, offering greater transparency and a more streamlined process for petitioners. For more detailed information, visit USCIS Policy Manual, Volume 6, Part F, Chapter 2. Please see USCIS Website: https://www.uscis.gov/newsroom/alerts/uscis-issues-new-guidance-on-eb-1-eligibility-criteria-for-individuals-with-extraordinary-ability
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