By Mahsa Aliaskari and Daniela Mayer
The Employment-Based First Preference (EB-1) immigrant visa category is designed to attract top and critical talent to the U.S. This category includes individuals with extraordinary abilities in fields such as science, arts, education, business, or athletics (EB-1A); outstanding professors and researchers (EB-1B); and multinational executives or managers (EB-1C). It provides a streamlined pathway to legal permanent resident status (Green Card) in the U.S.
Unique among the EB-1 classifications is the EB-1A where a U.S. job offer is not required, allowing individuals to file self-petitions for the classification. With or without a U.S. company sponsor and job offer, an I-140 in the EB-1A classification must demonstrate two critical elements to establish eligibility:
- the individual intends to continue working in their field of extraordinary ability; and
- their future work will provide substantial benefit to the United States.
What’s new? Recent USCIS guidance provides clearer and seemingly more flexible criteria for employers submitting petitions under the EB-1A extraordinary ability classification. In a time when there is an increase in Requests for Evidence (RFEs) challenging eligibility in many visa categories, these updates offer several critical improvements:
1. Team Awards Consideration: The new guidance confirms that team awards, such as those in research or group projects, are considered valid under the criterion for nationally or internationally recognized prizes. This recognition is especially beneficial in industries where achievements are often collaborative rather than individual. According to new USCIS policy guidance, qualifying team awards include instances where each member is formally recognized, such as receiving a trophy, certification, or medal, or being named in the award announcement. For example, this applies to members of a musical group or relay team who appear together on a podium.
2. Clarification on Memberships: Employers can now cite an individual’s past memberships in prestigious organizations that demand outstanding achievements as evidence of extraordinary ability. This makes it easier for individuals to highlight their professional standing in their field.
3. Published Material Criteria: The new rule relaxes the standard for published materials by no longer requiring that articles explicitly show the value of the individual’s work. Applicants can now submit a broader range of media coverage or professional recognition as valid evidence.
4. Exhibitions and Comparable Evidence: USCIS has clarified that while exhibitions generally apply to artistic fields, non-artistic exhibitions can still be presented under the “comparable evidence” standard, allowing for more diverse forms of proof depending on the applicant’s profession.
Looking Ahead: These revisions provide applicants more comprehensive tools to demonstrate their extraordinary abilities and credentials, ultimately easing the process for businesses seeking to hire and retain elite talent. With the EB-1 category offering one of the fastest paths to permanent residency, the updated guidelines help streamline applications and improve success rates.
Team Seyfarth: Our practice has a dedicated EB-1 team that has developed a best-in-class model for gathering comprehensive evidence from both the Petitioner and Beneficiary in a streamlined process, and drafting arguments with the highest likelihood of success. Our team continuously iterates on filing strategies in this category, based on adjudication trends we monitor across a wide range of criteria, helping us understand the level of scrutiny and evidence required as agency and administration policies shift.
For further details, explore the USCIS Policy Manual on Extraordinary Ability.