What is the EB-1A Visa?

The EB-1A visa is a first-preference employment-based visa for individuals who demonstrate extraordinary ability in their field. This visa is designed for those who have achieved national or international acclaim and are at the top of their profession. The EB-1A visa offers a pathway to permanent residency (Green Card) in the United States without the need for a job offer or labor certification.

Eligibility Criteria for EB-1A Visa?

In the absence of a one-time achievement (i.e., Pulitzer, Oscar, Olympic Medal) you must meet at least three of the following criteria:

Receipt of lesser nationally or internationally recognized prizes or awards for excellence.
Membership in associations in the field which demand outstanding achievement of their members.
Published material about you in professional or major trade publications or other major media.
Participation, either individually or on a panel, as a judge of the work of others in the same or an allied field.
Original scientific, scholarly, artistic, athletic, or business-related contributions of major significance.
Authorship of scholarly articles in professional journals or other major media.
Display of your work at artistic exhibitions or showcases.
Performance in a leading or critical role for organizations or establishments that have a distinguished reputation.
High salary or other significantly high remuneration in relation to others in the field.
Commercial successes in the performing arts.

Even if you satisfy 3 out of the 10 criteria, USCIS will conduct a comprehensive evaluation to assess whether you are among the top 1-2% in your field.

Benefits of the EB-1A Visa

No Job Offer Required: Unlike other employment-based visas, the EB-1A does not require a job offer or labor certification.

Faster Processing: As a first-preference visa, EB-1A applications are typically processed faster than other employment-based categories.

Pathway to Permanent Residency: The EB-1A visa provides a direct path to obtaining a Green Card for you and your immediate family members.

What is the new EB-1A guidance from USCIS?

On October 2, 2024, USCIS announced that it had updated its policy manual to clarify the types of evidence that they will consider when determining EB-1A eligibility. These include as follows:

Team Awards Consideration

USCIS have confirmed that a person’s receipt of team awards will be evaluated under the criterion for lesser nationally or internationally recognized prizes or awards for excellence in their field of endeavor, provided the person is one of the recipients of the award.

In the policy manual USCIS provides examples of the types of awards it will consider:

Certain awards from well-known national institutions or well-known professional associations.
Certain doctoral dissertation awards.
Certain awards recognizing presentations at nationally or internationally recognized conferences.

Membership Criteria

USCIS has clarified that past memberships in relevant organizations will be assessed under the membership criterion.

Not all memberships qualify under this criterion. An individual must show that recognized experts judged the person as having attained outstanding achievements in the field for which classification is sought.

Certain associations and fellowships are recognized for their stringent membership criteria, which typically demand exceptional accomplishments and contributions from their members.

Published Material Language

Probably the most important update is under this criterion. USCIS has now removed the requirement that published material must explicitly demonstrate the value of the person’s work and contributions to meet the published material criteria.

Examples of published material include the following:

Professional or major print publications (newspaper articles, popular and academic journal articles, books, textbooks, or similar publications) regarding the person and the person’s work.
Professional or major online publications regarding the person and the person’s work.
Transcripts of professional or major audio or video coverage of the person and the person’s work.

Definition of “Exhibition.

Although the dictionary defines an “exhibition” as a public showing not limited to art, the relevant regulation requires the exhibition to be artistic in nature. However, USCIS has stated that it will consider non-artistic exhibitions if they are part of a well-supported claim of comparable evidence.

Conclusion

In conclusion, the updated EB-1A guidance from USCIS offers greater clarity and flexibility in the evaluation of extraordinary ability visa applications, particularly by refining criteria related to team awards, membership in professional associations, published material, and the definition of exhibitions.

If you have questions about the EB-1A or would like to schedule a consultation please contact PLG Partner, Chris Prescott at cprescott@patellegal.com.