Sandeep Singh Sandha, a doctorate from UCLA, was successful in obtaining an EB-1A visa, available to those with extraordinary ability in various fields. Many Indian professionals from the Science, Technology, Engineering, Mathematics (STEM) arena are increasingly examining the possibility of obtaining an EB-1A visa.
Sandeep now is a tech-lead in machine understanding, in a supposed American business. He began his master’s level in the US in 2016 before going on to UCLA to get his PhD. When he joined the workstream, the cuts in 2022 proved to be a last wake-up telephone for him. He immediately began working on his EB-IA program.
The point is that remarkable capability must be demonstrated, which is simpler said than done. At least three of the ten requirements must be met. US Citizenship and Immigration Services ( USCIS ) has updated its guidance to clarify the types of evidence it may consider when determining eligibility. Let’s start by looking at the fundamentals of the visa EB-1 group.
What are EB-1 type of permits?
The EB-1 visa series are” First Preference” permanent resident US visas ( also known as green cards ). A person with a green card has the option of staying forever in the US, working, and studying with his children ( spouse and children ). There exists three EB-1 card types for people with a high level of success.
-EB-1A: Incredible potential green cards
-EB-1B: Excellent teacher or scientist green card
-EB-1C: Supervisors or executives of global companies
EB-1A immigration is applicable to foreign nationals who may show remarkable skill in their field of science, arts, learning, company, or sports. No offer of employment is required. In terms of the EB-1B visa, which is accessible to professors and researchers, applicants must demonstrate evidence of global recognition for excellent performance in their academic field, have at least three years of teaching or research experience in the same field, and have a job offer to work in a teaching capacity or as a researcher. Under the EB-1 awning, the next green card type is EB-1C, which is for professionals or executives of global companies, who meet the essential conditions.
While there is a backlog even in the EB-1 category for Indian nationals, the figures are lower than those in the EB-2 ( workers having advanced degrees or specialized knowledge ) and EB-3 (skilled or professional workers ) categories
Green cards group | Principal | Dependents | Total |
EB-1 | 51,249 | 92,248 | 1,43,497 |
EB-2 | 4,19,392 | 4,19,392 | 8,38,784 |
EB-3 | 1,38,581 | 1,38,581 | 2,77,162 |
Total | 6,09,222 | 6,50,221 | 12,59,443 |
Requirements for demonstrating extraordinary skill:
According to the website of US Citizenship and Immigration Services ( USCIS), a candidate must either provide evidence of a one-time accomplishment ( major internationally recognized award ) or three of the ten criteria below ( or other comparable evidence if any of the criteria do not readily apply ).
– Evidence of certificate of less expensive or prestigious prizes or awards for excellence, either nationally or globally
-As evidence of your participation in organizations in your field that demand exceptional performance from their members.
-A copy of articles you’ve written about yourself in leading trade journals, professional journals, or other significant press
-As evidence that you have been asked to evaluate other people’s work, either on a board or alone.
-Evidence of your original medical, formal, creative, sport, or business-related contributions of significant value to the industry
-As proof of your scientific writing in specialized or main trade publications or other significant media
-Assure that your job has been exhibited at contemporary art fairs or presents.
-As evidence of your performance in a significant or major role in renowned businesses
-As evidence that you are paid a respectable income or other substantially higher pay than other workers in the field
-As evidence of your performing arts-related professional achievement
updated USCIS advice:
A revised version of the direction recently released has been released in order to provide more clarity and transparency and support applicants in providing the necessary supporting evidence to establish eligibility.
-A woman’s receipt of team prizes will be taken into account under the standard for less expensive awards or awards for excellence in the field of endeavors, whether they are nationally or globally recognized.
-Past members will be taken into account in accordance with the account standard.
The organization explains that while the dictionary defines an “exposition” as a public display that includes both art and non-exclusive works of art, the appropriate regulation explicitly modifies that definition with “artistic.” But, USCIS will take into account non-artistic exhibitions as part of a claim that has been properly supported by superior evidence.
Insight from emigration counsel:
TOI spoke with a number of immigration attorneys to learn more about the consequences of the revised direction.
Team honours: Snehal Batra, managing counsel at NPZ Law Group state,” Nothing precludes the person from relying on a team nomination, provided the individual is one of the beneficiaries of the prize. According to the description of this type of evidence in the regulation, the emphasis should be placed on the recipient’s receipt of the awards or prizes rather than the employer’s.
Adds, Tess Douglas, managing attorney at DGO Legal,” USCIS clarified that awards to a team can qualify. However, the guidance still mentions the requirement that the applicant be included in the award at the same time. Therefore, if a company is awarded for a project that the applicant worked on, it still wo n’t be sufficient unless the applicant is identified as the award’s recipient.
Batra explains that in general, qualifying awards include team awards where each member receives a trophy, certification, or medal, appears on the podium or stage, or is specifically named in the awarding organization’s announcement of the award selection. Relay team members who appear together on the medal podium are examples of examples.
Jonathan Wasden, immigration attorney, states” My primary concern is the agency’s description of group awards being a’ lesser ‘ form of evidence. There are few, if any, major advances that were accomplished by someone working in solitude. These things are almost always group endeavors. In my opinion, this results in a situation where a team member working on a discovery that fundamentally alters the field would be less valuable than a team member doing minor independent work. Overall, I wish this visa category had more regulations. It will always be a guessing game for immigration attorneys and applicants until they do it.
Past membership in exclusive associations: USCIS clarifies that past membership in associations ( in the applicant’s field ), which demand outstanding achievement of their members will be accepted.
According to Douglas,” I think it would be difficult to convince USCIS that you are still a leader in your field even though this technically may mean you are no longer a member.” Perhaps this would be applicable to the sports or entertainment sector, but it would probably not in other sectors, such as business or software engineering.
Batra agrees. According to her,” USCIS might consider whether the applicant has sustained acclaim in the final merits determination, if the application is not accompanied by any recent evidence, the length of membership ceased to exist.”
Relaxation regarding publications: According to Douglas, USCIS has clarified that publications must not be able to demonstrate the value of the work to be considered. Even though this might help the applicant meet this criteria, the applicant will likely face challenges at the final merits stage if it is not possible to demonstrate the authors ‘ contribution to the field as a whole.
Display of work at artistic exhibitions: Batra points out that” USCIS explicitly requires that the exhibitions or showcases be artistic in nature and only considers non-artistic exhibitions or showcases as part of a properly supported claim of comparable evidence.” Douglas adds,” USCIS clarified that this criterion does n’t just apply to art exhibitions. So applicants can be creative and include work that is subject to this criterion in their applications.
Success story – the Dos and Dont’s:
Sandeep Singh Sandha shared his dos and do n’ts for the benefit of TOI readers, despite the fact that he was granted his green card much earlier than the revised USCIS guidance.
The Dos:
Start early: It takes time to compile all the required documents. Begin gathering your documentation as early as possible to compile all the necessary evidence of your achievements and impact. You may have to reach out to your peers for some evidence.
Be thorough: Ensure that the evidence you provide for each criterion is solid and well-documented. Highlight your contributions, including publications, citations, awards, and leadership roles. My advice to researchers is to stay active because it might take at least a few years to develop a strong reputation.
Consult experts and connect with your network: Although self-petitioning is possible, it is important to seek advice from knowledgeable professionals who can review your profile and guide you through the entire process. In addition, seek feedback and support from mentors, senior colleagues, and others who have gone through the process to refine your application.
Make sure your profile connects clearly to the specific criteria and provides a clear account of your contributions to your field. Each application is unique.
Selecting recommenders: Select recommenders who are recognized authorities in your area of expertise. Even if they have n’t directly collaborated with you, their knowledge of your contributions and their established reputation can give credibility to your application.
The Do n’ts:
Don’t rush the process: EB-1 applications require careful preparation. Rushing through it often results in more delays and requests for evidence later. Further, this strategy may lead to denials as well.
Make sound claims: Be realistic about your achievements. Exaggerations or weak claims can result in rejects or requests for additional supporting evidence. Claims should be well supported by the evidence that is presented.
Don’t ignore rejections: If your initial application is denied or requires additional evidence, don’t lose hope. Address the gaps, rework the application, and try again.
Highlight the impact of your work: It’s not enough to list your achievements. You must demonstrate the impact your work has had on your industry or field.
Key takeaways and conclusion:
Wasden states that EB-1 cases, say for instance EB-1A, the applicants by definition are those who are at the top of their fields in evolving technologies. However, those choosing their qualifications are bureaucrats with no prior experience in the field. This creates its own set of challenges.
Batra states,” These new updates do appear to broaden the eligibility criteria, but only time will tell whether USCIS will actually take this evidence into account under the preponderance of the evidence standard. In 2024, we’ve seen an increased trend in Requests for Evidence ( RFEs ) across EB-1. These inconvenient adjudications have caused significant burdens, including unnecessary litigation, and financial and emotional strain on foreigners and employers. To support extraordinary abilities, it is best to use more than the minimum requirements.
Douglas sums up by stating,” My key takeaway is that EB-1 remains difficult and these clarifications are n’t going to make it any easier. You will at most have some additional policy manual language to reference in a RFE or” Notice of Intent to Deny” ( NOID ) response.
But, as Sandeep Singh Sandha states – If rejected, do n’t lose heart. Address the gaps and reapply.