April 2, 2022

USCIS Publishes New Guidance on Scope of Evidence in Cases of Extraordinary Ability

The U.S. Citizenship and Immigration Services (“USCIS”) has updated its Policy Manual to provide guidance on the type of “published material” that persons applying for an Employment Based First Preference Immigrant Visa category (“EB-1”) can present as evidence when applying for the visa category.

Persons with “extraordinary ability in the sciences, arts, education, business, or athletics” can self- petition for the “EB-1A” classification without a job offer or certification from the Department of Labor if they meet the requirements for that visa category.

A U.S. employer, including a university or institution of higher learning or private employer, may petition for an “outstanding professor or researcher” (“EB-1B”) who is internationally recognized as outstanding in a specific academic area to work in a tenured or tenure-track position or a comparable position to conduct research.

The USCIS has updated its guidance regarding the evidentiary criteria for persons of extraordinary ability and outstanding professors and researchers to more closely align with recently issued nonimmigrant guidance pertaining to O-1A nonimmigrants of extraordinary ability.

This guidance clarifies that for the extraordinary ability and outstanding professor or researcher classifications, “published material” about the person (or the person’s work in the case of an outstanding professor or researcher) in professional or major trade publications or other major media no longer must be a printed article; but rather, can be more varied forms of evidence including a transcript of audio or video coverage.

For an outstanding professor or researcher, a person may satisfy the “leading or critical role” criterion through a qualifying role for a distinguished department or division in addition to an entire organization or establishment.

It is always refreshing to see the USCIS issue guidance that helps both expand on qualifications and define more clearly criteria for any visa classification. If you think you may qualify as a person with extraordinary ability in the sciences, arts, education, business, or athletics or as an outstanding professor or researcher, and want to know more, contact us at info@enterpartners.com and speak with a U.S. immigration attorney in Ho Chi Minh City, Manila, and Taipei.

ENTERLINE & PARTNERS CONSULTING

Ho Chi Minh City, Vietnam Office

Suite 601, 6th Floor, Saigon Tower
29 Le Duan Street
Ben Nghe Ward, District 1
Ho Chi Minh City, Vietnam

Tel: +84 933 301 488

Email: info@enterlinepartners.com

Facebook: Enterline & Partners – Dịch vụ Thị thực và Định cư Hoa Kỳ

Website: http://enterlinepartners.com

Manila, Philippines Office

LKG Tower 37th Floor

6801 Ayala Avenue

Makati City, Philippines 1226

Tel: +632 5310 1491

Email: info@enterlinepartners.com

Facebook: Enterline and Partners Philippines

Website: https://enterlinepartners.com/language/en/welcome/

Copyright 2022. This article is for information purposes only and does not constitute legal advice. This article may be changed with or without notice. The opinions expressed in this article are those of Enterline and Partners only.

Categories: Immigrant Visa

Tags: DS-260 Immigrant Visa Application, EB-1 Visa, O-1 Visa

Regional Center Annual Statements And Sanctions

What to Do on Your First Day Entering the United States as a New Immigrant

What Is a Request for Evidence from USCIS and What Should You Do?

What Happens If My K-1 Fiancé(e) Visa Is Refused at the Interview?

our services

contact us today for more information

Latest News

Can My K-1 Fiancé(e) Visit the U.S. on a Tourist Visa While Waiting?

Waiting for a K-1 fiancé(e) visa to be processed often results in spending a considerable amount of time apart. If you have already filed your Form I-129F, Petition for Alien Fiancé(e) (“Form I-129F”) with the United States Citizenship and Immigration Services (“USCIS”), you may wonder whether your fiancé(e) can travel to the United States while the process moves forward. Your fiancé(e) may be able to visit the U.S. on a B-1/B-2 Visitor Visa (“Tourist Visa”) while waiting for a K-1 fiancé(e) visa. However, he/she must independently qualify for a Tourist Visa by convincing the interviewing consular officer that he/she intends to depart the United States after their visit. At Enterline and Partners, our U.S. immigration attorneys help couples navigate the K-1 visa fiancé(e)process. Can You Visit the U.S. While Your K-1 Fiancé(e) Visa Is Pending? Yes. A pending K-1 fiancé(e) visa does not automatically prevent your fiancé(e) from visiting the

Regional Center Annual Statements And Sanctions

The EB-5 Reform and Integrity Act of 2022 (“RIA”) requires Regional Centers to file annual statements with U.S. Citizenship and Immigration Services (“USCIS”). The statements cover a range of matters, from the use of EB-5 investment funds to the status of projects sponsored by the Regional Center. Regional Center Annual Statements A Regional Center’s annual statement must include certifications that it has complied with certain requirements under the RIA. It must also disclose any material litigation or bankruptcy proceedings involving the Regional Center, a New Commercial Enterprise (“NCE”), or an affiliated Job-Creating Entity (“JCE”). Much of the annual statement concerns the investments themselves. Regional Centers must account for investor capital, explain how that money has been used, and provide evidence of progress on each investment project (“Project”). This includes reporting the number of direct jobs created or preserved and providing evidence that the investment capital has been committed to the

What to Do on Your First Day Entering the United States as a New Immigrant

Arriving in the United States with an immigrant visa is a major milestone. Your first entry is different from an ordinary visit because, for many immigrant visa holders, admission by United States Customs and Border Protection (“CBP”) is the point of when their lawful permanent resident status (“Green Card”) begins. The first day may feel overwhelming. You may be wondering what will happen when you arrive, which documents you need, and what you should do once you leave the Port-of-Entry. At Enterline and Partners, our U.S. immigration attorneys help clients prepare for the immigration process before and after their visa issuance. Knowing what to expect when entering the U.S. as a new immigrant can make the transition easier and help you avoid preventable problems. What Happens When You First Enter the United States as an Immigrant? After you arrive at a U.S. airport, you will go through the CBP immigration

USCIS Publishes New Guidance on Scope of Evidence in Cases of Extraordinary Ability

CATEGORY

contact us today for more information

Latest News

Need help with your U.S. visa?Talk to our experts today.

Need help with your U.S. visa?
Talk to our experts today.