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 material contained in this alert does not constitute direct legal advice and is for informational purposes only. An attorney-client relationship is not presumed or intended by receipt or review of this presentation. The information provided should never replace informed counsel when specific immigration-related guidance is needed.
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