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US issues new rules for EB-1 immigrant visa eligibility of foreigners – Investing Abroad News

The United States Citizenship and Immigration Services provided updated policy guidance to define the forms of evidence that can be used to determine eligibility for the extraordinary ability EB-1 immigrant visa.

First Preference EB-1 visa is an employment-based immigration for foreigners with extraordinary abilities. You may be eligible for an employment-based, first-preference visa if you are a noncitizen of extraordinary ability, are an outstanding professor or researcher, or are a certain multinational executive or manager.

To be eligible for the EB-1 immigrant visa, the person needs to have extraordinary ability in the sciences, arts, education, business, or athletics, which has been demonstrated by sustained national or international acclaim, and whose achievements have been recognized in the field through extensive documentation.

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The new policy guidance for EB-1 visa 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;

The policy guidance also clarifies that USCIS considers past memberships under the membership criterion.

The new policy guidance also removes language suggesting published material must demonstrate the value of the person’s work and contributions to satisfy the published material criterion and 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.

This new guidance builds on a previous EB-1 policy update, providing more clarity and transparency to assist petitioners in submitting appropriate evidence that may establish the beneficiary’s eligibility.

A petition filed on behalf of a person with extraordinary ability does not need to be supported by a job offer; therefore, anyone can file the petition on behalf of the person, including the noncitizen who may file as a self-petitioner. The person must still demonstrate, however, that he or she intends to continue work in the area of his or her extraordinary ability and that his or her work will substantially benefit the United States in the future.

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