If you've won team awards at work, you may have a new pathway to a US green card. US Citizenship and Immigration Services (USCIS) recently updated its policy guidance to clarify the types of evidence that may be considered when evaluating eligibility for the Extraordinary Ability EB-1 immigrant visa. "The policy update, effective immediately, is intended to provide more clarity and transparency to petitioners to help them submit appropriate evidence to establish a beneficiary’s eligibility," USCIS said in a statement.
What is the EB-1 visa?
The EB-1 visa is an employment-based visa that allows foreign nationals to permanently live and work in the United States. It's often referred to as the Extraordinary Ability Permanent Residence visa. This visa also extends eligibility to the spouse and children of the successful petitioner, enabling them to qualify for green cards.
Changes to eligibility criteria for team awards
The updated USCIS guidance introduces specific clarifications regarding how team awards are evaluated. If you have received team awards, they may now be considered under the criterion for lesser nationally or internationally recognised prizes or awards for excellence in your field. This means that even if you didn't win an individual award, being part of a recognised team can count towards your EB-1 application.
Past memberships and published material
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Another change brought by this update is the consideration of past memberships. USCIS now treats an individual’s past memberships in professional organisations under the membership criterion, which can strengthen your eligibility if you have been part of notable associations in your field.
Additionally, the agency has removed language that previously required published material to demonstrate the value of an individual's work or contributions. This means that the emphasis will now be on whether the published material mentions or focuses on the applicant, without necessarily proving the impact of their work.
'Exhibition' of work
USCIS also clarified the use of the term "exhibition." Although the dictionary defines an exhibition broadly, the updated policy states that USCIS will only consider artistic exhibitions for non-artistic achievements if they are properly supported as comparable evidence. This limits the interpretation of exhibitions to those primarily linked to artistic fields unless exceptional evidence is provided.
Eligibility for different categories under the EB-1 visa
You may be eligible for the EB-1 immigrant visa if you fall into one of the following categories:
EB-1A: For individuals with extraordinary ability in the sciences, arts, education, business, or athletics. This category requires sustained national or international acclaim, supported by extensive documentation.
EB-1B: For outstanding professors and researchers with a record of recognised achievements in their academic field.
EB-1C: For multinational executives or managers who have held a significant managerial role in a multinational company for at least one of the three years prior to their transfer to the United States.
Filing fees for the EB-1 visa
The cost for the Form I-140 Immigrant Petition for Alien Worker filing fee is $700 (Rs 58,779). This fee is usually covered by the sponsoring US employer. However, if you are self-petitioning under the 'extraordinary ability' sub-category (EB-1A), you may need to pay this fee yourself.
"These updates provide clearer guidelines for both petitioners and adjudicators, ensuring a more transparent process when evaluating eligibility for the EB-1 visa," USCIS said.