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USCIS Clarifies Guidance for EB-1 Eligibility Criteria

U.S. Citizenship and Immigration Services (USCIS) is making strides to simplify the application process for EB-1 immigrant visa classifications. In a recent policy update, USCIS has issued guidance in its Policy Manual to provide greater clarity regarding the types of evidence considered when evaluating eligibility for the extraordinary ability (E11) and outstanding professor or researcher (E12) EB-1 visas. Here’s a breakdown of what the update entails:

Examples of Evidence

One of the key elements of the update is the inclusion of illustrative examples of evidence that applicants can submit to demonstrate their eligibility. This includes a range of documentation. By providing such specific examples, USCIS aims to make it easier for applicants to understand the kind of documentation that can bolster their EB-1 visa petitions.

Comparable Evidence

Not all applicants will have the exact same types of evidence to present, but they may possess alternative forms that prove their exceptional abilities. The policy update provides guidance on considerations for evaluating such evidence. This flexibility is intended to accommodate a wider range of applicants.

STEM Focus

Recognizing the importance of science, technology, engineering, and mathematics (STEM) fields in driving innovation and growth in the U.S., the new guidance on examples of evidence and comparable evidence places special emphasis on these areas. It acknowledges that evidence available to individuals in STEM disciplines may differ from other fields and offers tailored insights accordingly.

USCIS has updated its policy manual to clarify eligibility criteria for EB-1 immigrant visas, providing specific examples of evidence and considerations for evaluating comparable evidence, with a particular focus on STEM fields, aiming to simplify the application process. The newly issued guidance brings much-needed clarity and transparency to the application process. Applicants may now have a clearer understanding of the essential evidence they need and how to build a strong case for their eligibility.

If you are interested in applying for a green card under the EB-1 category, be sure to contact our firm to schedule a consultation today!