The United States Citizenship and Immigration Services (USCIS) has revised its guidelines about the EB-1 visa category, which is designated for individuals who can ‘demonstrate’ exceptional ability in science, arts, education, business, or sports.

Due to the extended processing times associated with the EB-2 category (designated for individuals with advanced degrees or specialized knowledge) and the EB-3 category (intended for skilled or professional workers), a significant number of Indian nationals with STEM qualifications are exploring the EB-1A pathway, which falls under the broader EB-1 classification. As reported by NFAP on November 2, 2023, there were merely 140,000 Indians awaiting an EB-1 green card, starkly contrasting to the over one million individuals in the EB-2 and EB-3 categories combined.

The revised guidance from USCIS emphasizes the specific types of evidence that will be evaluated to demonstrate extraordinary ability during the review of EB-1 applications. Applicants must satisfy a defined criteria to qualify for this green card.

USCIS has officially acknowledged team awards. Additionally, it has specified that previous affiliations with exclusive or esteemed organizations in relevant fields will be considered. Furthermore, there has been a relaxation of the requirements concerning publications, and clarifications have been provided regarding exhibitions presented by the applicant.

Immigration attorneys indicate that the recent updates may expand the eligibility criteria, enhance transparency, and assist petitioners in providing accurate documentation. Nonetheless, the precise effects of these changes are yet to be determined.

Awards constitute one of the ten evidentiary criteria for EB-1 applicants, who are required to fulfill three of these criteria

The revised guidance specifies that team awards will be acknowledged for EB-1 applicants in the context of ‘lesser’ international and national awards and recognitions.

The USCIS has dispensed with the necessity that such distributions must unequivocally outline the importance of the applicant’s work.