On January 8, 2025, United States Citizenship and Immigration Services (“USCIS”) released new guidance in its policy manual clarifying how the agency assesses evidence for O-1 visa eligibility for individuals with extraordinary ability. The O-1 visa is designed for individuals with extraordinary abilities in the fields of science, arts, education, business, or athletics, as well as those who have achieved notable success in the motion picture or television industry, with recognition at a national or international level. The updates include detailed examples from evolving industries, particularly technology and creative sectors, recognizing the changing landscape of work and innovation, thereby allowing individuals in fields like artificial intelligence, digital media, and other emerging areas to better demonstrate their impact.
Read moreNew 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.
Read moreEmployment Authorization Documents Based on Compelling Circumstances
On June 14, 2023, United States Citizenship and Immigration Services (“USCIS”) announced new policy guidance has been added to its Policy Manual addressing the eligibility criteria for the issuance of employment authorization documents in compelling circumstances. Classified as those circumstances which are “beyond the usual hardship associated with job loss”, Volume 10 of the USCIS Policy Manual, details what foreign nationals must show in order to be eligible for an initial Employment Authorization Document (“EAD”) based on compelling circumstances.
Read moreUSCIS Policy Manual Update Related to Filing Deadlines Falling on Weekends and Federal Holidays
In its pursuit to increase flexibility related to filing deadlines, United States Citizenship and Immigration Services (“USCIS”) has announced a Policy Manual update regarding filings and responses whose due dates fall on Saturdays, Sundays, or federal holidays. Effective immediately, USCIS will consider a filing or response submitted on paper timely filed if it is received “by the end of the next business day” after the weekend or federal holiday. The Service notes that although the receipt date for these cases will continue to “reflect the date USCIS physically received the request, USCIS will consider the benefit request timely filed.”
Read moreUSCIS Updates Policy to Automatically Extend Green Cards for Naturalization Applicants
As of December 12, 2022, United States Citizenship and Immigration Services (“USCIS”) has updated its policy manual to provide twenty four month automatic extensions to Green Card expirations to Lawful Permanent Residents (“LPRs”) applying for naturalization when they properly file an N-400, Application for Naturalization. The automatic extension applies to those LPRs filing N-400s on or after the 12th of December 2022.
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