
In a move aimed at streamlining the immigration process for highly skilled professionals, the US Citizenship and Immigration Services (USCIS) has updated its guidelines for the EB-1 visa category.
This revision, announced last week, has now simplified the criteria for applicants to establish 'extraordinary ability' in fields such as science, arts, education, business and sports, effective immediately.
The updated guidelines now acknowledge team-based awards as valid evidence of extraordinary ability, broadening the qualifications for applicants. However, experts caution that these changes may not provide substantial relief for those applying under the EB-2 and EB-3 visa categories.
"This policy update is good news for Indians looking beyond the EB-2 and EB-3 routes to a green card, but it’s unlikely to benefit EB-2 and EB-3 applicants unless they can demonstrate extraordinary ability under EB-1,” said Vivek Tandon, founder and CEO of EB 5 BRICS, the Business Standard reported.
The EB-1 visa, often called the Extraordinary Ability Permanent Residence visa, enables foreign nationals with exceptional skills to live and work permanently in the United States. This visa category also extends to the applicant’s spouse and children, allowing them to apply for green cards.
With lengthy wait times for EB-2 and EB-3 categories, many Indian professionals, especially in STEM fields, are now focusing on the EB-1A subcategory. According to the National Foundation for American Policy, as of November 2023, over 140,000 Indians are queued for EB-1 green cards, while more than one million await EB-2 and EB-3 green cards combined.
Benefits for Indian professionals
The revised guidelines emphasise team-based achievements, which are expected to serve as a valuable asset for Indian professionals involved in collaborative projects. Contributions to joint projects, such as team research or technological innovations, will now be considered in EB-1 applications.
Meanwhile, engineers associated with award-winning software or AI initiatives can utilise team accolades as evidence. even the athletes on internationally recognised teams, such as cricket squads achieving major victories, can leverage team honours.
Researchers making significant scientific contributions recognised on an international level will find it easier to qualify under the EB-1A visa.
Costs of filing for an EB-1 Visa
The filing fee for the Form I-140 Immigrant Petition for Alien Worker is $700 (approximately Rs 58,779). This cost is typically borne by the sponsoring U.S. employer, but self-petitioners under the EB-1A category will need to cover this expense themselves.
As the landscape of U.S. immigration continues to evolve, the recent USCIS updates provide new pathways for skilled professionals, particularly from India, seeking permanent residency in the United States.
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