New EB-1 Policy Update: Clarification on Evidence for Extraordinary Ability (E11) Immigrant Visa

The U.S. Citizenship and Immigration Services (USCIS) recently issued updated guidance in its Policy Manual to further clarify the types of evidence that can be used to determine eligibility for the EB-1 Extraordinary Ability (E11) immigrant visa classification. This update builds on previous policy changes and offers additional clarity, particularly for applicants in science, technology, engineering, and mathematics (STEM) fields.

The updated policy highlights several important changes:

1. Team Awards Now Considered for National or International Recognition

The new policy confirms that team awards can now be used as evidence under the criterion for nationally or internationally recognized prizes or awards for excellence in the field. Previously, only individual awards were considered. Now, if an applicant played a key role in a team that received such recognition, the award can be used to support the EB-1 application.

2. Past Memberships Qualify Under the Membership Criterion

USCIS clarifies that past memberships in professional organizations can be used to meet the membership criterion. Previously, it was unclear whether only current memberships were eligible, but the new guidance confirms that past memberships also qualify, provided the organization was recognized for requiring outstanding achievements in the applicant’s field.

3. Relaxation of the Published Material Criterion

USCIS has also revised the requirements for published materials. The new guidance removes the language suggesting that published material must explicitly demonstrate the value of the applicant’s work. Now, as long as the material mentions the applicant and their work, it is considered valid evidence. This change provides more flexibility for applicants when submitting publications as part of their application.

4. Clarification on “Exhibition” Definition

The new guidance clarifies that while the dictionary definition of “exhibition” refers to any public showing, the relevant regulations specifically modify the term with “artistic.” This means that non-artistic exhibitions will only be considered if they are part of a well-supported claim of comparable evidence.

Conclusion

These policy updates mark a significant improvement for EB-1 applicants, providing more clear guidance on how to meet the evidentiary requirements for demonstrating extraordinary ability. Whether the applicant is from the fields of science, technology, engineering, or the arts, the updated guidance offers more flexibility and transparency. This new policy is effective immediately and supersedes any previous related guidance.

For more details, please refer to the USCIS Policy Manual.