The US Citizenship and Immigration Services (USCIS) has recently revised its guidelines for the EB-1 visa category, which allows individuals with extraordinary abilities to permanently live and work in the US. The updated policy, which took effect last week, broadens the criteria for demonstrating exceptional talent, making it easier for applicants to qualify by recognizing achievements in team-based settings across various fields, including science, arts, education, business, and sports. This change is expected to benefit many professionals who work in collaborative environments. However, experts caution that the update may not provide significant advantages for those applying under the EB-2 or EB-3 visa categories.
“This policy update is good news for Indians looking beyond the EB-2 and EB-3 routes to the green card,” said Vivek Tandon, founder and CEO of EB 5 BRICS, in a conversation with Business Standard. “But it’s unlikely to benefit EB-2 and EB-3 visa applicants unless they can demonstrate extraordinary ability under EB-1.”
Understanding the EB-1 Visa
The EB-1 visa is an employment-based visa designed for foreign nationals who can demonstrate extraordinary ability in their field. This visa, also called the Extraordinary Ability Permanent Residence visa, allows the visa holder, along with their spouse and children, to apply for green cards, providing a pathway to permanent residency in the US. Many Indian professionals, particularly those in STEM fields, are increasingly turning to the EB-1A subcategory, which covers applicants with extraordinary ability, due to long wait times for the EB-2 and EB-3 visa categories.
The backlog for green cards has been a major issue. According to the National Foundation for American Policy, as of November 2023, 140,000 Indian nationals are in line for EB-1 green cards, while more than one million are waiting for EB-2 and EB-3 green cards combined. These delays have motivated many to explore alternative routes such as the EB-1A visa.
Key Benefits of the Updated Guidelines for Indian Professionals
The most significant update in the guidelines is the recognition of team-based awards as valid evidence of extraordinary ability. This change is particularly beneficial for Indian professionals who work in sectors where collaborative success is common, such as technology and research.
Varun Singh, MD of XIPHIAS Immigration, pointed out that Indian professionals working in fields that emphasize teamwork, such as engineering, sports, and academia, stand to benefit greatly. He outlined key areas where the new rules could help Indian applicants:
- Recognition of Team Achievements: The revised policy acknowledges contributions to team-based awards, such as joint research projects or technological innovations. This opens a wider path for Indian professionals in STEM fields and other sectors to qualify for the EB-1 visa.
- Impacted Sectors:
– Technology: Indian engineers involved in award-winning software development or AI projects can now use team recognitions to meet EB-1 criteria.
– Sports: Indian athletes who are part of internationally recognized sports teams, such as cricket teams that have won major tournaments, can use their team’s accolades as evidence of extraordinary ability.
– Academia: Researchers contributing to groundbreaking scientific discoveries that have been recognized internationally can find it easier to qualify under the EB-1A category.
The update highlights the increasing recognition of team-based success in fields where collaborative efforts drive innovation. Professionals working in technology, research, and sports, in particular, will find the updated guidelines more accommodating of their achievements. For example, Indian engineers working in multinational companies on AI or biotech projects now have a clearer path to qualifying for the EB-1 visa. Similarly, Indian athletes who compete in global sports competitions, such as representing India in international events, can also benefit from this recognition.
Scientific researchers from Indian institutions collaborating on internationally recognized projects, such as those involving climate studies or medical advancements, can also leverage the new guidelines to apply for the EB-1A visa. These updates also allow individuals to self-sponsor under the EB-1A category without the need for employer sponsorship, which is a significant shift in the process.
“This shift dispels the belief that EB-1A is only for academicians,” said Tandon, “making it more accessible to tech workers and business professionals.”
Clarifications on Evidence Requirements by USCIS
Along with recognizing team-based achievements, USCIS has also provided further clarification on the types of evidence required to demonstrate extraordinary ability, particularly in fields such as science, engineering, and business. This added clarity helps applicants prepare a stronger case for their EB-1A visa applications by documenting their contributions and achievements more effectively.
Tandon advises prospective applicants to carefully plan and document their achievements to maximize their chances of success under the EB-1A route. “Preparing early and documenting your achievements is key to demonstrating extraordinary ability,” he said.
Limited Benefits for EB-2 and EB-3 Applicants
Despite the positive changes, experts agree that the new guidelines are unlikely to offer much help to those applying under the EB-2 and EB-3 categories. While applicants facing backlogs in these categories might explore the possibility of transitioning to EB-1 using the new team-based recognition rules, they would still need to demonstrate extraordinary ability to qualify.
Tandon emphasized the difficulty of making this transition, noting, “Unless they have extraordinary achievements that can now be leveraged for an EB-1A application, it’s unlikely to make a huge difference. While the EB-1 route offers a faster path to a green card than EB-2 or EB-3, the program is backlogged as well.”
Strategies for Indian Professionals Pursuing the EB-1A Visa
For Indian professionals considering the EB-1A option, Varun Singh suggests focusing on building a strong case with clear, documented evidence of their contributions. Singh advises potential applicants to focus on the following aspects:
- Team Contributions: Clearly outline one’s role in team-based achievements, detailing how individual contributions led to the team’s success.
- Objective Impact: Provide evidence of contributions such as patents, research publications, leadership roles, and other measurable outcomes.
- Documenting Achievements: Applicants should gather letters of recommendation, media coverage, and other supporting documents to strengthen their case.
Filing Fees for the EB-1 Visa
For those pursuing the EB-1 visa, the filing fee for Form I-140 Immigrant Petition for Alien Worker is $700, approximately Rs 58,779. This fee is typically paid by the sponsoring employer. However, if an applicant is self-petitioning under the extraordinary ability subcategory (EB-1A), they would need to cover this fee on their own.
The recent changes in USCIS guidelines for the EB-1 visa category offer significant opportunities for Indian professionals with extraordinary abilities, particularly in fields driven by collaboration and teamwork. While the new guidelines are a welcome development, applicants from the EB-2 and EB-3 categories will need to meet the high standards of extraordinary ability to benefit from these updates.