USCIS updates

Here are a few updates that the US Citizenship and Immigration Services recently issued that I think could benefit and impact those who are directly covered.

USCIS is issuing policy guidance in its Policy Manual to further clarify the types of evidence that it evaluates to determine eligibility for extraordinary ability (E11) EB-1 immigrant visa classifications.

This policy guidance:

•Confirms that USCIS considers a person’s receipt of team awards under the criterion for lesser nationally or internationally-recognized prizes or awards for excellence in the field of endeavor;

•Clarifies that USCIS considers past memberships under the membership criterion;

•Removes language suggesting published material must demonstrate the value of the person’s work and contributions to satisfy the published material criterion; and

•Explains that while the dictionary defines an “exhibition” as a public showing not limited to art, the relevant regulation expressly modifies that term with “artistic,” such that USCIS will only consider non-artistic exhibitions as part of a properly-supported claim of comparable evidence.

This new guidance builds on a previous EB-1 policy update, providing more clarity and transparency to assist petitioners in submitting appropriate evidence that may establish the beneficiary’s eligibility.

This policy update is effective immediately and is controlling and supersedes any related prior guidance on the topic.

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USCIS also updated guidance on the International Entrepreneur Rule in its Policy Manual to clarify the required triennial increase in investment, revenue, and other thresholds, and to clarify how we arrange biometrics appointments for certain applicants.

The updated guidance reflects the International Entrepreneur Program: Fiscal Year 2025 Automatic Increase of Investment and Revenue Amount

Requirements Final Rule published in July of this year. The final rule codifies the automatic adjustment of the investment, award, grant, and revenue amounts for applicants under the International Entrepreneur Rule.

The guidance also clarifies that it generally coordinates with the US Department of State when arranging biometrics appointments for conditionally approved applicants under the International Entrepreneur Rule who are outside the US or who choose to receive their parole documentation at a US embassy or consulate.

The revised investment and revenue amounts are effective Oct. 1, 2024, and apply to requests filed on or after Oct. 1, 2024 and this guidance is effective immediately.

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USCIS is updating guidance in the Policy Manual (Volume 7, Part A, Chapter 7), to clarify how to calculate the Child Status Protection Act (CSPA) age for noncitizens who demonstrate extraordinary circumstances.

The updated guidance:

•Clarifies that the CSPA age calculation of an applicant who established extraordinary circumstances and is excused from the “sought to acquire” requirement uses the date that the immigrant visa first became available when the immigrant visa is continuously available for a 1-year period without any intervening visa unavailability; and

•Clarifies that under circumstances where the immigrant visa became available and then unavailable, the CSPA age calculation may use the date an immigrant visa first became available if the applicant demonstrates extraordinary circumstances for not applying for adjustment of status before the immigrant visa became unavailable.

A previously-announced policy did not address the effect on the CSPA age calculation for a noncitizen whose extraordinary circumstances for the purpose of excusing the “sought to acquire” element existed within the period a visa first becomes available. We updated this guidance to ensure efficient and consistent adjudication in these cases.