Murthy Snapshot: USCIS Clarifies Guidance on EB1(a) Extraordinary Ability Criteria

On October 2, 2024, the U.S. Citizenship and Immigration Services (USCIS) published a policy alert for the USCIS Policy Manual, to clarify how certain eligibility criteria will be evaluated under the employment-based, first preference (EB1) category for persons of extraordinary ability. An overview of the EB1(a) category is available in the MurthyDotCom InfoArticle, Self-Petitioned, Employment-Based Options (29.Sep.2022). Here are the key points you need to know regarding this latest update:

  • A foreign national may use an award earned while part of a team to potentially meet the criterion for receipt of a lesser nationally or internationally recognized prize or award for excellence in the field of endeavor.
  • In evaluating membership in an association in the field that requires outstanding achievements, previous membership in such an association will be considered.
  • Strikes language from the USCIS Policy Manual that implied the published material criterion could only be satisfied if the published material indicated the value of the individual’s work and contributions.
  • Clarifies that non-artistic exhibitions or showcases will be considered only as part of the comparable evidence criterion, and not as evidence of artistic exhibitions or showcases.

Your Takeaway

These latest changes by the USCIS are mainly positive for EB1(a) petitioners. It is important to keep up with changes to the USCIS Policy Manual, as even a seemingly minor change has the potential to significantly impact one’s case. Subscribe to the MurthyBulletin to keep up to date on changes made by the USCIS and other important issues related to U.S. immigration law.

 

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Disclaimer: The information provided here is of a general nature and may not apply to any specific or particular circumstance. It is not to be construed as legal advice nor presumed indefinitely up to date.