On September 12, 2023, U.S. Citizenship and Immigration Services issued policy guidance to clarify how it evaluates evidence to determine eligibility for extraordinary ability and outstanding professor or researcher first preference employment-based immigrant visa classifications (EB-1). Guidance is effective as of 9/12/23, and comments are due by 10/12/23.

Persons with extraordinary ability in the sciences, arts, education, business, or athletics can self-petition for first preference immigrant visa classification (E11) without a job offer or certification from the U.S. Department of Labor.

A U.S. employer, including a university, institution of higher learning, or private employer, may petition for a professor or researcher who is internationally recognized as outstanding in a specific academic area to receive a first preference immigrant visa classification (E12) to work in a tenured or tenure-track position or a comparable position to conduct research.

This policy update provides additional guidance regarding the evaluation of evidence submitted in support of E11 extraordinary ability and E12 outstanding professor or researcher petitions. Among other revisions, this update incorporates more detailed guidance and examples, similar to previously- issued nonimmigrant guidance for O-1A nonimmigrants of extraordinary ability.

This guidance, contained in Volume 6 of the Policy Manual, is effective immediately. The guidance contained in the Policy Manual is controlling and supersedes any prior guidance on the topic.

We regularly update our blog section to acquaint the community with the latest changes in Immigration policies. Please note the information in this blog is for informational purposes only and is not intended to be nor should it be construed as legal advice. We can promptly and efficiently represent clients located anywhere in the US or abroad on US Immigration Policies. If you seek further clarification, don't hesitate to contact SanSha Law Office at [email protected] or call us at 469-777-6161.