USCIS Updates Policy Guidance to Simplify Evidence Requirements for EB-1 Green Card Applicants

U.S. Citizenship and Immigration Services (USCIS) has released updated policy guidance in its Policy Manual, providing further clarification on the types of evidence that can be evaluated to determine eligibility for the extraordinary ability (E11) EB-1 immigrant visa classification. This update enhances transparency and simplifies the evidence submission process for applicants.

In response to feedback received after the release of updated guidance on September 12, 2023, USCIS has provided additional clarification on how evidence submitted in support of an E11 extraordinary ability petition will be evaluated.

Individuals with extraordinary ability in the sciences, arts, education, business, or athletics can self-petition for first-preference immigrant visa classification (E11) without requiring a job offer or certification from the U.S. Department of Labor. To qualify, petitioners must satisfy at least three of the regulatory criteria and provide evidence that, when considered as a whole, demonstrates the required level of acclaim.

Team Awards: USCIS confirms that under Criterion 1, an individual may rely on a team award as long as they are one of the recipients. According to the Policy Manual’s Volume 6, Part F, Chapter 2, Section B, Subsection 1, regarding “Initial Evidence of Extraordinary Ability,” the first paragraphs of the updated Criterion 1 text state: “USCIS determines if the person was the recipient of prizes or awards. Nothing precludes the person from relying on a team award, provided the person is one of the recipients of the award. The description of this type of evidence in the regulation indicates that the focus should be on the person’s receipt of the awards or prizes, as opposed to the employer’s receipt of the awards or prizes.”

Past Memberships: Under Criterion 2, USCIS clarifies that past memberships in relevant organizations can now be considered as evidence. The updated text reads: “USCIS determines if the association for which the person claims present or past membership requires that members have outstanding achievements in the field as judged by recognized experts in that field.”

Published Material: The revised Criterion 3 guidance emphasizes that any published material submitted should focus on the individual and their work, rather than solely on their employer or organization. The updated text in the third paragraph of Criterion 3 states: “The published material should be about the person, relating to the person’s work in the field, not just about the person’s employer and the employer’s work or another organization and that organization’s work. Any materials the petitioner submits must demonstrate the value of the person’s work and contributions, and must not be solely focused on the employer or organization that the person is associated with. Marketing materials created for the purpose of selling the person’s products or promoting the person’s services are not generally considered to be published material about the person (this includes seemingly objective content about the beneficiary in major print publications that the beneficiary or the beneficiary’s employer paid for).”

Exhibitions: A new paragraph added to Criterion 7 clarifies that while the dictionary definition of “exhibition” includes public showings that are not necessarily artistic, the EB-1 criterion explicitly requires exhibitions to be artistic in nature. The updated guidance reads: “While the dictionary definition includes public showings other than those that are artistic in nature, the plain language of the criterion includes the modifier ‘artistic’ and explicitly requires that the exhibitions or showcases be artistic in nature. USCIS only considers non-artistic exhibitions or showcases as part of a properly supported claim of comparable evidence.”

This new guidance builds on previous EB-1 policy updates, offering more clarity and transparency to assist petitioners in submitting appropriate evidence to establish the beneficiary’s eligibility. The policy update is effective immediately and supersedes any prior guidance on this subject, according to USCIS.