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Reference Document - EB-1A / EB-1B / O-1 / EB-2 NIW

Updated: Author: Alina Kanametova

Reference Guides 2 pages Anonymized Access on request

A USCIS policy alert announcing updated Policy Manual guidance on how evidence is evaluated for E11 extraordinary ability and E12 outstanding professor or…

EB-1A EB-1B O-1 EB-2 NIW Petition

About this document

A USCIS policy alert announcing updated Policy Manual guidance on how evidence is evaluated for E11 extraordinary ability and E12 outstanding professor or researcher classifications. It says the update is effective immediately, controls over prior guidance, and adds examples and totality-of-the-evidence analysis, with special attention to STEM fields.

Key points

  • Issued by USCIS as Policy Alert PA-2023-26 on evaluating eligibility for E11 and E12.
  • Explains that E11 covers self-petitioning by persons with extraordinary ability without job offer or labor certification.
  • States that E12 covers a U.S. employer petition for an internationally recognized outstanding professor or researcher.
  • Adds guidance on examples of evidence that may meet criteria or count as comparable evidence.
  • Notes a focus on evaluating evidence in science, technology, engineering, or mathematics fields.
  • Clarifies that officers assess the totality of the evidence and may consider positive factors.
  • Says the Policy Manual update is effective immediately and supersedes prior related guidance.

What is inside

  1. Background
  2. Policy Highlights
  3. Summary of Changes

When it helps

Serves as policy authority for how USCIS evaluates evidence in E11 and E12 filings. It can support a petition packet or cover letter by showing the evidentiary framework and the totality-of-the-evidence approach USCIS says it uses.

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