US eases EB-1 visa rule.

The United States Citizenship and Immigration Services (USCIS) recently revised its guidelines for the EB-1 visa category, facilitating the process for applicants to establish ‘extraordinary ability’ in diverse domains such as science, arts, education, business, and sports. These modifications, which take effect immediately, now acknowledge team-based awards as valid evidence and offer additional clarifications regarding other eligibility requirements.

This policy change is advantageous for Indian nationals seeking alternatives to the EB-2 and EB-3 pathways for obtaining a green card; however, it is unlikely to assist EB-2 and EB-3 applicants unless they can prove extraordinary ability under the EB-1 criteria.

What is the EB-1 visa?

The EB-1 visa is a type of employment-based visa that permits foreign nationals with extraordinary ability to reside and work permanently in the United States. Also referred to as the Extraordinary Ability Permanent Residence visa, it allows the applicant’s spouse and children to apply for green cards as well.

A critical number of Indian experts, particularly those in STEM areas, are presently considering the EB-1A subcategory due to the broad hold up times related with the EB-2 and EB-3 categories. As detailed by the National Establishment for American Arrangement, as of November 2023, there are 140,000 Indians anticipating EB-1 green cards, whereas over one million are in line for EB-2 and EB-3 green cards combined.

How do the new regulations benefit Indian professionals?

The revised guidelines now acknowledge team-oriented awards as indicators of exceptional ability, which is anticipated to advantage Indian professionals engaged in sectors where collaborative achievements are prevalent.

1. Acknowledgment of collective accomplishments: The updated regulation now takes into account contributions to team-oriented awards, such as collaborative research initiatives or technological breakthroughs, thereby providing a wider avenue for eligibility for the EB-1 visa.
2. Affected sectors:

Technology: Engineers participating in award-winning software or artificial intelligence projects can utilize team-based recognitions.

Sports: Athletes who are part of internationally acclaimed teams, such as cricket squads that have triumphed in significant tournaments, can capitalize on their collective accolades.

Academia: Researchers involved in pioneering scientific advancements, particularly those acknowledged on an international scale, may now find it easier to qualify for the EB-1A visa.

Recognition of collaborative success:

The update formally acknowledges the accomplishments of Indian professionals operating in cooperative settings, particularly in domains such as technology, research, and sports.

This new flexibility is advantageous for:

Technology partnerships: Indian professionals engaged in multinational corporations on projects in fields like artificial intelligence, machine learning, and biotechnology.

Sports teams: Indian athletes competing on the global stage, including those representing India in international events.

Scientific collaborations: Researchers from Indian institutions involved in globally recognized initiatives, such as climate research or medical innovations.

USCIS clarifies evidence requirements:

The U.S. Citizenship and Immigration Services (USCIS) has also issued additional guidance regarding the types of evidence necessary to demonstrate extraordinary ability in non-artistic domains such as science, engineering, and business. Applicants are encouraged to meticulously plan and document their accomplishments to enhance their prospects under the EB-1A category. Early preparation and thorough documentation of achievements are essential for showcasing extraordinary ability.

Limited preferences for EB-2 and EB-3 visa holders:

Although the recent update represents a favorable change for numerous professionals, its impact on individuals within the EB-2 and EB-3 categories may be minimal. Indian professionals who are experiencing visa backlogs might find the new team-based recognition criteria useful for transitioning to the EB-1 category; however, they must still prove extraordinary ability. In the absence of significant accomplishments that could support an EB-1A application, the change is unlikely to yield substantial benefits. While the EB-1 pathway provides a quicker route to obtaining a green card compared to EB-2 or EB-3, it too is subject to backlog issues.