23 Mar 2022

Extraordinary Ability Policy Alert (Mar. 23, 2022)

USCIS, Mar. 23, 2022Qualifying Published Material and Scope of Leading or Critical Role in Extraordinary Ability and Outstanding Professor or Researcher Visa Classifications 

"USCIS is updating its guidance about two evidentiary criteria relating to immigrants of extraordinary ability and one relating to outstanding professors and researchers to more closely align with recently issued nonimmigrant guidance pertaining to O-1A nonimmigrants of extraordinary ability. This guidance, contained in Volume 6 of the Policy Manual, is effective immediately.

Policy Highlights

• Clarifies that for the extraordinary ability and outstanding professor or researcher classifications, “published material” about the person (or the person’s work in the case of an outstanding professor or researcher) in professional or major trade publications or other major media need not be a printed article; rather, a petitioner may submit more varied forms of evidence including a transcript of audio or video coverage.

• Clarifies that, in the extraordinary ability classification, a person may satisfy the leading or critical role criterion through a qualifying role for a distinguished department or division in addition to an entire organization or establishment."