USCIS issues policy guidance to clarify eligibility for Extraordinary Ability and Outstanding Professor/Researcher immigrant visa classifications

On 12 September 2023, U.S. Citizenship and Immigration Services (“USCIS”) updated its Policy Manual to clarify how its officers ought to evaluate evidence to determine eligibility for Extraordinary Ability and Outstanding Professor or Researcher first preference, employment-based immigrant visa classification (“EB-1"). The guidance instructs reviewing USCIS officers on how to assess eligibility based on comparable evidence provided by petitioners. It also provides more structure in adjudication by outlining a step-by-step analysis framework for reviewing officers with an emphasis on how the evidence ought to be evaluated during each step. The revised policy guidance contains helpful examples of positive evidence that may satisfy the relevant evidentiary criteria or qualifying comparable evidence to satisfy the above noted evidentiary requirements.

A Tax Alert prepared by EY Law LLP, and attached below, provides additional details.