USCIS released a new update to its policy manual to further clarify how an individual may qualify as an individual of extraordinary ability for an EB-1A green card. To qualify, an individual must demonstrate meeting three of ten evidentiary factors.
The new policy guidance adds the following information:
1) Confirms that USCIS considers a person’s receipt of team awards under the criterion for lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor
USCIS added a footnote to the policy manual specifically stating:
“In general, qualifying awards include team awards where each member receives a trophy, certification, or medal; appears on the podium or stage; or is specifically named in the awarding organization’s announcement of the award selection. Examples include members of a musical group who receive an award and relay team members who appear together on the medal podium. Mere acknowledgment from the award recipient does not constitute receiving the award from the awarding authority.”
With this in mind, if a company receives an award an employee may potentially be able to use that evidence if the awarding organization names the employee, or perhaps the company specifically mentions the employee in an application process.
2) Clarifies that USCIS considers past memberships under the membership criterion
3) Removes language suggesting published material must demonstrate the value of the person’s work and contributions to satisfy the published material criterion
In its guidance, USCIS states:
“Officers may consider material that focuses solely or primarily on work or research being undertaken by a team of which the person is a member, provided that the material mentions the person in connection with the work or other evidence in the record documents the person’s significant role in the work or research.
Evidence may include documentation such as print or online newspaper or magazine articles, popular or academic journal articles, books, textbooks, similar publications, or a transcript of professional or major audio or video coverage of the person and the person’s work.”
We are always able to link individuals working at companies to the work covered in published media through contemporaneous documents and letters of support from colleagues and/or management.
4) Explains that while the dictionary defines an “exhibition” as a public showing not limited to art, the relevant regulation expressly modifies that term with “artistic,” such that USCIS will only consider non-artistic exhibitions as part of a properly supported claim of comparable evidence.
The EB-1A criteria combine the qualifications from the O-1A and O-1B extraordinary ability categories for artistic and non-artistic fields. Some practitioners have tried to shoehorn conference presentations or other exhibitions into this criterion. USCIS is stating the criterion is in fact only for artistic exhibitions, but that non-artistic exhibitions can still be used as comparable evidence. USCIS provides guidance on this specifically as follows:
“For instance, if the publication of scholarly articles is not readily applicable to a person whose occupation is in an industry rather than academia, a petitioner might demonstrate that the person’s presentation of work at a major trade show is of comparable significance to that criterion.”
For more information about EB-1A and other green card applications, please contact your Meltzer Hellrung attorney.