Clarification of Evidentiary Evaluation for EB-1 Extraordinary Ability (E11) and Outstanding Professors/Researchers (E12)

Policy effect

USCIS updated Volume 6 of the Policy Manual to clarify how adjudicators evaluate initial evidence and totality of circumstances for EB-1 extraordinary ability (E11) and outstanding professor/researcher (E12) petitions. The update provides specific examples of qualifying evidence (including STEM fields) and comparable evidence standards.

Official source excerpt

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

U.S. Citizenship and Immigration Services Office of the Director Camp Springs, MD 20588-0009 September 12, 2023 PA-2023-26 Policy Alert SUBJECT: Evaluating Eligibility for Extraordinary Ability and Outstanding Professor or Researcher Visa Classifications Purpose U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to clarify how USCIS evaluates evidence to determine eligibility for extraordinary ability and outstanding professor or researcher first preference employment-based immigrant visa classifications. 1 Background Persons with extraordinary … update provides additional guidance regarding the evaluation of evidence submitted in support of E11 extraordinary ability and E12 outstanding professor or researcher petitions. Among other revisions, this update incorporates more detailed guidance and examples, similar to previously- issued nonimmigrant guidance for O-1A nonimmigrants of extraordinary ability. 2 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 • Adds clarifying guidance describing examples of evidence that may satisfy the relevant evidentiary criteria or qualify as comparable evidence, as well as considerations for evaluating 1 See INA 203(b)(1)(A)-(B). See 8 CFR 204.5(h)-(i). 2 See O-1 Nonimmigrant Status for Persons of Extraordinary Ability or Achievement, PA-2022-03, issued January 21, 2022. To provide feedback on this update, email USCIS at policyfeedback@uscis.dhs.gov. PA-2023-26: Evaluating Eligibility for Extraordinary Ability and Outstanding Professor or Researcher Visa Classifications Page: 2 such evidence, with a focus on science, technology, engineering, or mathematics (STEM) fields. • Clarifies how officers evaluate the totality of the evidence to determine eligibility for E11 extraordinary ability and E12 outstanding professor or researcher petitions and provides examples of positive factors that officers may consider. Summary of Changes Affected Section: Volume 6 > Part F > Chapter 2 > Section B, Evidence of Extraordinary Ability • Revises Section B throughout, including incorporating content from Appendix: Extraordinary Ability Petitions – First Step of Reviewing Evidence and reorganizing and revising content. Affected Section …

Review method

Two separate automated exact-claim source reviews

Other United States changes operative in 2023

• 2023-02-04Employment relief for Haitian F-1 students facing severe economic hardship
• 2023-03-04Yemen TPS redesignation expands eligibility
• 2023-03-06Expansion of Premium Processing to F-1 OPT and STEM OPT Extensions (Phase 1)
• 2023-03-16COVID-era asylum-interview interpreter modification extended through September 12, 2023
• 2023-04-11USCIS and State Department enhance Central American Minors Program
• 2023-05-11Circumvention of Lawful Pathways (Joint DHS/DOJ Final Rule)
• 2023-07-10Implementation of a family reunification parole process (FRP) for Salvadorans.
• 2023-08-01DHS authorizes optional remote Form I-9 document examination for E-Verify employers
• 2023-08-24CSPA "Sought to Acquire" Requirement Policy Clarification on Extraordinary Circumstance Excusal
• 2023-09-27Extension of Maximum Validity Period to 5 Years for Certain Employment Authorization Documents (EADs)
• 2023-10-05State Department reverts visa public charge regulations from 2019 IFR
• 2023-10-20Ukraine TPS redesignation expands eligibility
• 2023-11-16DHS implements Ecuadorian family reunification parole process
• 2023-11-21Afghanistan TPS redesignation expands eligibility
• 2023-12-20Clarification on Immigrant Intent and Employment Rules for F and M Nonimmigrant Students