USCIS Clarifies EB-1 Extraordinary Ability Requirements

U.S. Citizenship and Immigration Services (USCIS) has the types of evidence to determine eligibility for extraordinary ability EB-1 immigrant visa classifications. This type of visa, often considered the most challenging  one to get, allows an individual to be eligible for a permanent employment-based green card without a job offer or certification from the U.S. Department of Labor. A petitioner establishes eligibility for this classification by satisfying at least three of the regulatory criteria with evidence that demonstrates the necessary acclaim, when considered in its totality. The category of “extraordinary ability” means that a noncitizen must be “able to demonstrate extraordinary ability in the sciences, arts, education, business, or athletics through sustained national or international acclaim.” This option looks like a more attractive avenue for both workers and employers, as it offers permanency without the need for an employer sponsor. The new guidance builds on a previous EB-1 policy update, providing more clarity and transparency to assist petitioners in submitting appropriate evidence to establish the beneficiary’s eligibility. establish the beneficiary’s eligibility.