On October 2, 2024, U.S. Citizenship and Immigration Services (USCIS) issued new policy guidance in its Policy Manual1 that clarifies the evidentiary requirements for the EB-1A classification, commonly known as the Extraordinary Ability category. The changes provide greater flexibility in the type of evidence required to meet the criteria for extraordinary ability.2
To establish eligibility for the EB-1A visa, evidence must show that the person (1) has extraordinary ability in the sciences, arts, education, business, or athletics, which has been demonstrated by sustained national or international acclaim, (2) seeks to enter the United States to continue work in the area of extraordinary ability, and (3) that their entry into the United States will substantially benefit the United States in the future. To satisfy these criteria, an applicant must either have received a major internationally recognized award (such as a Nobel Prize, Olympic gold medal, Booker Prize, Academy Award, or Turing Award to name a few) or meet at least three of ten criteria. These criteria include evidence of having played a leading or critical role in distinguished organizations, authorship of scholarly articles in professional journals or other major media, participation as a judge of the work of others in the same or related field, or evidence of original contributions of major significance in their field, among others.
The Policy Manual update simplifies the application process by expanding the range of acceptable evidence for several of the ten listed criteria, including:
- Team Awards are Now Recognized
USCIS confirmed that team awards can count toward meeting the criterion for "lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor" (8 CFR 204.5(h)(3)(i)). Previously, USCIS would only consider awards conferred solely to the applicant, barring highly skilled individuals who work in team settings from meeting this criterion. This important change now permits individuals who work in team settings, such as researchers, scientists, architects, athletes, and musicians, to leverage team achievements, provided they are individually recognized as part of the team's success.
For example, if a research team wins a nationally or internationally recognized award, and each member is acknowledged for their contribution, the award could now count towards meeting the EB-1 criteria for a given applicant. Similarly, members of a track or swimming relay team who win Olympic gold medals or musicians who are individually recognized as part of an award-winning group performance can use these prizes and awards to demonstrate their extraordinary ability.
By allowing team awards as well as individual achievements, this update facilitates the process for applicants, especially those who work in group settings, to meet the criteria, recognizing their individual contribution to the success of a group or team as proof that the applicant is an alien of extraordinary ability.
- Past Memberships Now Count Towards the Membership Criterion
USCIS has clarified that past memberships in organizations based on outstanding achievements may now count toward the membership criterion, even if the membership is no longer active. Previously, the statutory language in 8 CFR 204.5(h)(3)(ii) was unclear as to whether an applicant's membership in an association requiring outstanding achievements needed to be current to meet the criterion.
Applicants can now cite past memberships in prestigious organizations if they can demonstrate the relevance of these memberships in showcasing their achievements. For example, general membership in an international organization for engineering and technology professionals may not meet the requirements of the criterion. However, if the organization has a fellow level that requires, among other criteria, that nominees have accomplishments that contribute to important advances in engineering, science, or technology, and if a council of experts and a committee of current fellows judges these nominations, this higher fellow level could qualify.
As such, applicants will still need to provide evidentiary proof that the association requires outstanding achievements; such evidence could include the association's specific membership criteria. Nonetheless, this is a welcome change, as it no longer limits the applicant to current memberships, broadening the scope for demonstrating extraordinary ability.
- Requirements for Published Material About the Applicant have been Broadened
USCIS has revised the requirements for published material, removing the need for such content to highlight explicitly the applicant's individual contributions. USCIS has acknowledged that this requirement exceeds the statutory language, which only requires that published material "relates to the alien's work in the field for which classification is sought" (8 CFR 204.5(h)(3)(iii)). Now, the focus is on whether a publication substantially discusses the applicant's work, even if within a broader context. For example, an article covering a team's achievements can qualify if it mentions the applicant's role or if other evidence in the record documents the person's significant contributions to the work or research.
This update is particularly advantageous for individuals in collaborative work or research settings as it allows them to use publications that may not solely focus on them but still recognize their contributions. This adjustment eases the burden of proof and expands opportunities for applicants to demonstrate their extraordinary ability.
- Clarification on the "Exhibitions" Criterion
USCIS has clarified that it will only consider for artistic exhibitions the "[e]vidence of the display of the alien's work in the field at artistic exhibitions or showcases" (8 CFR 204.5(h)(3)(vi)). Non-artistic exhibitions can still be accepted under comparable evidence, but they must be accompanied by support to meet the criteria.
This clarification is essential for artists and other professionals showcasing their work. To qualify, the exhibition must be clearly artistic, such as a solo art show, curated art collection display, solo dance performance at the Lincoln Center, film screening at the Sundance Film Festival, invited author reading at The New Yorker Festival, and other such examples. For non-artistic exhibitions like a presentation of innovative technology, comparable evidence would be needed to demonstrate that the exhibition meets the EB-1A requirements.
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These updates provide applicants with greater flexibility and clarity regarding the types of evidence they can use to qualify for the EB-1A classification. By expanding the scope of acceptable evidence, USCIS enables individuals to present a more comprehensive and compelling case for their extraordinary ability. This guidance is particularly advantageous for professionals in fields such as STEM, the arts, sports, and business, especially those with collaborative or diverse portfolios of achievements.
Despite these important and beneficial clarifications, practitioners should note that USCIS will still conduct a "final merits determination" as part of the adjudication process. This involves a two-prong approach to evaluating the evidence submitted in support of an EB-1A petition. First, the adjudicating officer must determine that the applicant has submitted evidence showing either an internationally recognized award or that they meet at least three of the ten criteria. Second, the officer must assess whether the evidence collectively demonstrates the applicant's extraordinary ability at the required high level of expertise during the final merits determination. In practice, this two-step process can still result in USCIS examiners issuing requests for evidence (RFEs) or notices of intent to deny (NOIDs) on petitions, even where the applicant has met three or more of the criteria.
Nevertheless, USCIS's recent updates are highly favorable, as they allow for the submission of a broader range of evidence, thus opening the EB-1A category to a wider range of candidates, particularly those in collaborative fields. By utilizing team awards, past memberships, broader published material, and supported exhibitions, applicants now have additional pathways to demonstrate their extraordinary ability and strengthen their EB-1A petitions.
Fakhoury Global Immigration (FGI) is committed to helping clients understand and use these updates to maximize their chances of success in obtaining EB-1A visas. Contact our team for a consultation on how these changes may benefit your case (Global Representation | Immigration Lawyer | Fakhoury Global (fgihsi.com)).
For more information and the complete update, visit the USCIS Policy Manual, Volume 6, Part F, Chapter 2.
Footnotes
1 The new guidance is located in Volume 6, Part F, Chapter 2, Section B, Subsection 1 of the Policy Manual under the heading "Initial Evidence of Extraordinary Ability." See also for a summary: USCIS, Policy Alert PA-2024-24, "Extraordinary Ability Criteria Clarification," October 2, 2024: https://www.uscis.gov/sites/default/files/document/policy-manual-updates/20241002-ExtraordinaryAbility.pdf
2 The statutory language for the employment-based first-preference (EB-1A) evidentiary criteria can be found at 8 CFR 204.5(h)(3)
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