USCIS updates green card guidelines for those with extraordinary ability

MUMBAI: The US Citizenship and Immigration Services (USCIS) has updated its guidelines for the EB-1 category of visas (aka green cards), available to those who can ‘demonstrate’ extraordinary ability in their field of science, arts, education, business, or sports.
Tired of being caught in a decades-long backlog for employment-linked categories of EB-2 (for workers with advanced degrees or specialized knowledge) or EB-3 (for skilled or professional workers) many Indians with a STEM background are exploring the EB-1A option (a sub category of EB-1).For instance, as per NFAP data, as of Nov 2, 2023, only 1.4 lakh Indians were in queue for a EB-1 green card, the numbers for EB-2 and EB-3 cumulative were over a millions.
The updated guidance from USCIS focusses on the type of evidence to substantiate extraordinary ability that will be considered by USCIS when reviewing the EB-1 applications. A set number of criteria have to be met to succeed in obtaining this green card.
USCIS now recognizes team awards. It also clarifies that past memberships in exclusive or prestigious groups in related fields will be accepted, there is also a relaxation in the conditions relating to publication and clarifications have been issued on exhibitions by the applicant.
According to immigration attorneys, these updates may broaden the eligibility criteria and aim to provide more transparency and assist petitioners in submitting accurate evidence. However, the exact impact remains to be seen.
Awards are one of the ten evidentiary criteria available for EB-1 applicants, who must meet at three. The updated guidance states that team awards will be recognized for EB-1 applicants in categories of ‘lesser’ international and national awards and prizes. Tess Douglas, managing attorney at DGO Legal told TOI, “At the same time the guidance still says that the applicant must be named in the award. So, if a company receives an award for a project that the applicant worked on, it still will not be enough unless the applicant is named as a recipient of the award.”
Past memberships in relevant associations will also be accepted. Snehal Batra, managing attorney at NPZ Law Group, points out that if the EB-1 application is not accompanied by any recent evidence, the length of time since membership could be a determining factor on whether the applicant has sustained his/her acclaim. Published material also helps an applicant substantiate his/her extraordinary ability. Here USCIS has removed the condition that the publication must demonstrate the value of the applicant’s work. Lastly, USCIS has clarified applications can include ‘comparable evidence’ for some non-artistic showcases or exhibitions.