New Prospects for Indians in the US? Revised Green Card Guidelines for Individuals with Extraordinary Abilities

New Prospects for Indians in the US? Revised Green Card Guidelines for Individuals with Extraordinary Abilities

USCIS Updates EB-1 Visa Guidelines, Offering New Opportunities for Indians with Extraordinary Abilities

The US Citizenship and Immigration Services (USCIS) has revised its guidelines for the EB-1 visa category, which is designated for individuals who can demonstrate extraordinary ability in fields such as science, arts, education, business, or sports. Many Indians, especially those with STEM backgrounds, are increasingly opting for the EB-1A path due to the prolonged wait times in the EB-2 and EB-3 categories. Currently, there are around 140,000 Indians awaiting EB-1 green cards, compared to over one million in the EB-2 and EB-3 categories combined.

The new USCIS guidance focuses on the type of evidence required to prove extraordinary ability when applying for an EB-1 visa. Applicants must meet a set number of criteria to qualify for this category, with USCIS now recognizing team awards as valid evidence. In addition, the guidelines clarify that past memberships in exclusive professional groups will be accepted, and conditions regarding publications and exhibitions have been relaxed.

Immigration attorneys believe these updates could broaden the eligibility criteria, making the process more transparent and helping applicants provide the right evidence. However, the full impact of the changes is yet to be determined.

Awards are one of ten possible criteria for EB-1 applicants, who must meet at least three. The updated guidelines specify that team awards will now count toward "lesser" international or national prizes, but the applicant must still be named as a recipient. Past memberships in relevant professional associations will also be considered, though the time since membership may affect eligibility. 

In addition, USCIS has removed the requirement that published material must demonstrate the value of the applicant’s work, and applicants can now submit comparable evidence for certain non-artistic exhibitions or showcases.

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