New Policy Guidance for Extraordinary Ability Immigrant Applications

Is it easier to get a green card as a person of extraordinary ability given changes in United States Citizenship and Immigration Services (“USCIS”) policy announced on October 2, 2024? The short but lawyerly answer is maybe. What is certain is that the new updates to the USCIS Policy Manual provided clarifications on the types of evidence that may be used to demonstrate eligibility for the extraordinary ability (E11) classification under the EB-1 immigrant visa. The EB-1 visa, specifically the E11 category, is an immigration pathway for individuals with extraordinary ability in the arts, sciences, education, business, or athletics. To qualify, applicants must demonstrate that they have reached the top of their field, with sustained national or international acclaim.

The EB-1 immigrant visa is particularly valuable because it allows recipients to become permanent residents (Green Card holders) in the US without requiring a specific job offer or employer sponsorship. Instead, applicants need to provide strong evidence of their extraordinary achievements through awards, publications, and other recognized markers of success. Specifically, the updated policy guidance clarifies four main points:

  1. Team Awards: USCIS now confirms that team awards can be considered under the criterion for lesser nationally or internationally recognized prizes or awards for excellence. This is significant because it acknowledges that an individual’s role within an award-winning team can demonstrate extraordinary ability, even if the award is not exclusively for individual performance.

  2. Memberships: Another clarification involves the criterion for membership. The policy now specifies that past memberships will also be evaluated under this criterion. This means that applicants can rely on previous memberships in organizations as part of their evidence, which provides more flexibility for demonstrating recognition in their field.

  3. Published Material: The update removes the previous language that required published material about the applicant to demonstrate the value of their work and contributions. Now, published material can be considered without the need to explicitly show how it assesses the individual’s contributions. This change lowers the burden on petitioners by allowing a broader range of publications to qualify as evidence.

  4. Artistic Exhibitions: Finally, the new guidance clarifies the definition of an “exhibition.” While the term is broadly defined as a public showing, USCIS explicitly states that the “artistic” modification in the regulation means only artistic exhibitions will be considered. Non-artistic exhibitions, however, may still be evaluated under the “comparable evidence” criterion, as long as they are supported properly. This refinement helps focus the evaluation process for applicants in the arts.

Here’s an example from the fashion industry that illustrates how the specific changes outlined above may affect the EB-1 application process for an individual in the arts. Let’s imagine a fashion designer is applying for an EB-1 immigrant visa.

  •  Previously, if this designer had been part of a team that won a major fashion award, such as the CFDA (Council of Fashion Designers of America) award, it might have been difficult to claim credit for that award under the lesser-known awards criterion because the award was given to a team, not an individual. Under the updated policy, the designer could now, in theory, include evidence of the team’s award as part of their application, as long as they are able to show their individual contribution to the team’s success.

  •  In terms of membership, if this designer was previously a member of an exclusive fashion association but is no longer active, the updated guidance allows them to use that past membership to help demonstrate their standing in the field. This opens the door for including evidence that may have been overlooked before.

  •  Similarly, if the designer’s work was featured in a highly regarded fashion publication like Vogue or Harper’s Bazaar, they no longer have to show that these publications explicitly praised the significance of their contributions. The fact that these publications covered the designer’s work is now sufficient.

  •  Lastly, if the designer's work was featured in an exhibition, USCIS would focus on whether it was an artistic exhibition. For instance, if the designer had their collections displayed at a renowned fashion gallery, that would qualify as an artistic exhibition. If their designs, however, were part of a commercial showcase or a trade show, the designer would need to present this as comparable evidence, showing how such displays contribute to the recognition of their extraordinary ability in fashion design.

The policy guidance updates seem to be designed to help petitioners better understand how to demonstrate their extraordinary ability and guide immigration officers in evaluating their evidence. By providing clearer guidelines, USCIS is attempting to streamline the process for applicants in fields like fashion, architecture, and the arts, where the nature of success can sometimes be difficult to quantify.