EB-1 Extraordinary Ability Evidentiary Criteria Clarification

Policy effect

USCIS updated Volume 6 of the Policy Manual to clarify the evaluation of evidence for immigrant classification as an individual of extraordinary ability (E11 / EB-1). The guidance confirms that receipt of team awards may be considered under the criterion for lesser nationally or internationally recognized prizes or awards; clarifies that past memberships satisfy the membership criterion; removes language requiring published materials to prove the value of the person's work; and clarifies artistic vs non-artistic exhibition requirements.

Official source excerpt

Quoted verbatim from the official source below. Ellipses indicate omitted text.

U.S. Department of Homeland Security U.S. Citizenship and Immigration Services Office of the Director Camp Springs, MD 20588-0009 October 2, 2024 PA-2024-24 Policy Alert SUBJECT: Extraordinary Ability Criteria Clarification Purpose U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to further clarify how USCIS evaluates evidence to determine eligibility for immigrant classification as a person of extraordinary ability. 1 Background Persons with extraordinary ability in the sciences, arts, education, business, or athletics can self- petition … petition. This guidance, contained in Volume 6 of the Policy Manual, is effective immediately. The guidance contained in the Policy Manual is controlling and supersedes any related prior guidance on the topic. Policy Highlights • Confirms that USCIS considers a person’s receipt of team awards under the criterion for lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor. • Clarifies that USCIS considers past memberships under the membership criterion. 1 See INA 203(b)(1)(A). See 8 CFR 204.5(h). 2 See Evaluating Eligibility for Extraordinary Ability and Outstanding Professor or Researcher Visa Classifications, PA-2023-26, issued September 12, 2023. To provide feedback on this update, email USCIS at policyfeedback@uscis.dhs.gov. www.uscis.gov PA-2024-24: Extraordinary Ability Criteria Clarification Page 2 • Removes language suggesting published material must demonstrate the value of the person’s work and contributions in order to satisfy the published material criterion, as such requirements are outside the plain regulatory language of the criterion. • Explains that while the dictionary defines an “exhibition” as a public showing not … limited to art, the regulation expressly modifies that term with “artistic,” such that USCIS will only consider non-artistic exhibitions as part of a properly supported claim of comparable evidence. Summary of Changes Affected Section: Volume 6 > Part F > Chapter 2 > Section B > Subsection 1, Initial Evidence of Extraordinary Ability • Revises the first paragraphs of the Criterion 1 and Criterion 2 tables, revises the third paragraph in the Criterion 3 table, and adds a paragraph to the end of the Criterion 7 table. USCIS may also make other minor technical, stylistic, and conforming changes …

Review method

Two separate automated exact-claim source reviews

Other United States changes operative in 2024

• 2024-01-24USCIS Policy Update on Untimely Filed Requests for Extension of Stay and Change of Status
• 2024-01-29State Department announces domestic H-1B visa renewal pilot
• 2024-02-26DHS adjusts premium processing fees
• 2024-04-01DHS finalizes USCIS fee schedule changes effective April 2024
• 2024-04-08DHS again temporarily increases EAD automatic extension period to 540 days
• 2024-05-26suspension of the employment limitations is available through November 25, 2025
• 2024-06-05DHS and DOJ issue Securing the Border asylum interim final rule
• 2024-06-05Presidential Proclamation 10773 — Securing the Border
• 2024-06-13Employment relief for Ethiopian F-1 students facing severe economic hardship
• 2024-06-13The Secretary is also redesignating Ethiopia for TPS.
• 2024-07-01HHS unaccompanied children foundational rule takes effect
• 2024-08-19DHS implements Keeping Families Together parole-in-place process
• 2024-08-28DHS corrects T nonimmigrant final rule before effective date
• 2024-09-10Extension of Form I-90 Green Card Validity to 36 Months for Renewals
• 2024-11-07DHS adds Belize to H-2A and H-2B eligible-country lists
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