March, 2023: United States Citizenship and Immigration Services (USCIS) announced significant revisions to two evidentiary criteria applicable to petitioners applying as:

● Exceptional talent in science, arts, education, business, or athletics; and
● Outstanding professor or researcher.

Published materials:

(This applies to both exceptional ability individuals and exceptional professors or researchers)

Previously, a petitioner had to submit published materials in print to USCIS. Even if a petitioner had radio or television interviews, they consider Print media better.

They will count radio, television, and other audio-visual interviews equally towards satisfying this criterion under the new policy. Along with the interview transcripts, a petitioner can submit documentation of their TV and radio interviews (such as photographs). The petitioner must submit both the original interview transcript and its English translation if the interview is conducted in a language other than English.

For this policy change, a petitioner who falls into one of the above two categories no longer has to limit their evidence to printed interviews or publications. An artist, journalist, or scientist, for example, who has been featured in audio-visual media (TV, radio, or online), can also provide such evidence to meet this condition.

Critical or leading role in a reputed firm

(Only applies to people with exceptional abilities)

Previously, the USCIS required a petitioner to demonstrate that they served in a leadership or essential role for a well-known organization. This category usually contained evidence of participation in a prestigious business enterprise or a non-profit organization.

USCIS will now accept proof of the petitioner’s participation in a smaller unit. The presented evidence types can have been expanded due to this policy change. A department director or marketing chief, for example, can offer proof of their professional accomplishments to demonstrate their exceptional competence.

Final thoughts

These regulatory modifications provide potential petitioners more flexibility when it comes to claiming exceptional ability and outstanding professors or researchers. In other words, USCIS accepting a more comprehensive range of evidence would make it easier to apply for the above classifications and raise the chances of a petitioner’s approval.

We hope that this guide will help you to understand how the 2023 EB-1A Green Card Policy change can benefit Media Celebrities and Researches. For more information, visit Bhatta Law & Associates today! Bhatta Law & Associates is a dynamic New York-based and international law firm serving Corporate, small businesses, and individuals in diverse immigration, business, and intellectual property law.