ARTICLE
14 October 2024

New EB-1 Policy Guidance Broadens Acceptable Evidence

K
Klasko

Contributor

Klasko Immigration Law Partners is dedicated to providing industry-leading employment-based, investment-based, and litigation immigration services to our clients. We help our clients achieve their goals by providing comprehensive immigration legal services. We have a reputation for creative solutions to difficult immigration problems through cutting-edge strategies. Our clients value our extreme responsiveness and our innovative, practical, and effective immigration strategies.
USCIS issued updated policy guidance on October 2, 2024, for foreign nationals seeking classification as an EB-1 Individual of Extraordinary Ability. These updates are effective immediately and include the following:
United States Immigration

USCIS issued updated policy guidance on October 2, 2024, for foreign nationals seeking classification as an EB-1 Individual of Extraordinary Ability. These updates are effective immediately and include the following:

  • Confirms that USCIS will consider a foreign national'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 will consider past memberships under the membership criterion;
  • Removes language suggesting published material must demonstrate the value of the foreign national's work and contributions to satisfy the published material criterion; and
  • Explains that while the dictionary defines an "exhibition" as a public showing not limited to art, the relevant regulation expressly modifies that term with "artistic," such that USCIS will consider non-artistic exhibitions as part of a properly supported claim of comparable evidence.

These policy guidance updates are beneficial as USCIS continues a trend of providing more transparency and clarifications to applicants. Additionally, these new policy guidance updates clarify that a broader range of evidence is acceptable for certain criteria, and this may allow for more foreign nationals to qualify for EB-1A classification provided they meet the requirements.

If you are interested in learning more about whether an EB-1A may be right for you or your employee, please reach out to schedule a consultation with Klasko's specialized EB-1/NIW/O1 team.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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