Immigration
Summary
The United States Citizenship and Immigration Services (USCIS) has issued clarifying guidance,
effective immediately, as to the type of evidence USCIS will consider to determine eligibility for
extraordinary ability (E11) EB-1 immigrant visa classifications.
The detail
This new guidance builds on a previous EB-1 policy update that was issued in September 2023, and provides more clarity and transparency to assist petitioners in submitting appropriate evidence that may establish the beneficiary’s eligibility.
Specifically, the newly issued guidance, which is effective immediately and supersedes any related prior guidance, clarifies that:
● USCIS will consider an individual’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 will consider past memberships under the membership criterion;
● Removes language suggesting published material must demonstrate the value
of the individual’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.
Contact us
For a deeper discussion on the above, please reach out to your Vialto Partners point of contact, or alternatively:
Manish Daftari
Partner
Further information on Vialto Partners can be found here: www.vialtopartners.com
Vialto Partners (“Vialto”) refers to wholly owned subsidiaries of CD&R Galaxy UK OpCo Limited as well as the other members of the Vialto Partners global network. The information contained in this document is for general guidance on matters of interest only. Vialto is not responsible for any errors or omissions, or for the results obtained from the use of this information. All information is provided “as is”, with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of this information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability and fitness for a particular purpose. In no event will Vialto, its related entities, or the agents or employees thereof be liable to you or anyone else for any decision made or action taken in reliance on the information in this document or for any consequential, special or similar damages, even if advised of the possibility of such damages.
©2024 Vialto Partners. All Rights Reserved.