On September 12, 2023, the U.S. Citizenship and Immigration Services (USCIS) updated its Policy Manual to provide clearer guidance on the types of evidence that may satisfy eligibility criteria for employment-based first preference (EB-1) applicants. The revisions also outline how USCIS officers should evaluate the totality of evidence when determining eligibility.
These updates reflect the Biden Administration’s commitment to advancing U.S. leadership in science, technology, engineering, and mathematics (STEM) and aim to make it easier for highly skilled and accomplished professionals to pursue EB-1A (Extraordinary Ability) or EB-1B (Outstanding Professor or Researcher) green cards.
EB-1A (Extraordinary Ability) — Expanded Examples of Qualifying Evidence
The new guidance clarifies the standards for submitting “comparable evidence” under the EB-1A category, which applies to individuals who have achieved extraordinary ability in the sciences, arts, education, business, or athletics. Applicants must demonstrate sustained national or international acclaim and show that their achievements have been recognized in their field of expertise.
According to the immigration attorneys at Green Card Link, the update provides additional examples of evidence that USCIS officers may now consider when determining eligibility. Of particular importance is the expanded interpretation of “comparable evidence,” allowing applicants to use alternative documentation that demonstrates equivalent levels of achievement across the ten regulatory criteria.
While many of the new examples focus on STEM fields, the updated policy also broadens recognition for arts, business, and athletic accomplishments, making the EB-1A process more inclusive and better aligned with the modern landscape of U.S. innovation and talent recruitment.
For a detailed overview of this visa category, see our complete guide on the EB-1A Extraordinary Ability Green Card.
EB-1B (Outstanding Professor or Researcher) — Broader Recognition for Academic Excellence
The second major update addresses the EB-1B category, designated for professors and researchers who are internationally recognized for outstanding achievements in their academic disciplines. This classification typically requires applicants to meet at least two of six listed criteria, supported by verifiable documentation.
Similar to the EB-1A revisions, USCIS has expanded its list of acceptable evidence and added examples of comparable documentation that can satisfy the eligibility criteria. The immigration attorneys at Green Card Link note that this new guidance provides greater flexibility for academic professionals in demonstrating their qualifications—particularly in STEM and research-intensive disciplines that directly support U.S. national priorities.
To learn more about this classification, visit our comprehensive resource on the EB-1B Green Card for Outstanding Professors and Researchers.
What These USCIS Updates Mean for EB-1 Applicants
Overall, these policy changes represent a positive step toward transparency and fairness in the EB-1 adjudication process. By clarifying evidentiary standards and offering real-world examples, USCIS aims to reduce Requests for Evidence (RFEs), Notices of Intent to Deny (NOIDs), and unnecessary petition denials.
At Green Card Link, its immigration attorneys view these changes as a significant improvement for applicants pursuing U.S. permanent residency through extraordinary ability or academic excellence. These clarifications should make the process more predictable and accessible, especially for individuals contributing to America’s innovation, education, and economic competitiveness.
To review the official USCIS guidance, visit the USCIS Policy Manual: Volume 6, Part F, Chapter 2, Section B (Evidence of Extraordinary Ability) and Chapter 3, Section B (Evidence for Outstanding Professors and Researchers).
How Green Card Link Can Help You
If you’re wondering how these USCIS policy updates may affect your immigration case, the immigration attorneys at Green Card Link are ready to help. Our team specializes in EB-1A and EB-1B petitions and can provide personalized guidance to help you understand your eligibility, prepare strong evidence, and submit a compelling application.
📅 Book a Consultation Today — The fastest way to get started is by scheduling a consultation with one of our experienced immigration professionals at Green Card Link. Let us help you navigate your path to U.S. permanent residency with confidence.