New pathways for Indians in the US with updated green card rules

The US Citizenship and Immigration Services (USCIS) has revised its guidelines for the EB-1 visa, which targets individuals demonstrating extraordinary ability in fields like science, arts, education, business, and sports. Many Indians in STEM are opting for the EB-1A due to long waits in the EB-2 and EB-3 categories.

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The US Citizenship and Immigration Services (USCIS) has updated its guidelines for the EB-1 visa category, which is available to those who can “demonstrate” extraordinary ability in fields like science, arts, education, business, or sports.

Frustrated by the long wait times in the EB-2 and EB-3 visa categories, many Indians with STEM backgrounds are now exploring the EB-1A option, a subset of EB-1. Data from NFAP shows that as of November 2, 2023, only 140,000 Indians were in line for EB-1 green cards, while over one million were waiting for EB-2 and EB-3 visas combined.

The updated USCIS guidelines focus on the evidence required to demonstrate extraordinary ability for EB-1 applicants. “A set number of criteria have to be met to succeed in obtaining this green card,” the report highlights. USCIS has also clarified the acceptance of team awards and past memberships in prestigious groups, while relaxing conditions on publication and exhibitions.

According to immigration attorneys, the updates may broaden eligibility and provide greater transparency for applicants. However, the full impact of these changes remains uncertain. “Awards are one of the ten evidentiary criteria available for EB-1 applicants, who must meet at least three,” the report notes. Team awards are now accepted in the ‘lesser’ international and national award categories.

Tess Douglas, managing attorney at DGO Legal, told TOI, “At the same time, the guidance still says that the applicant must be named in the award.” Membership in relevant associations is also accepted, but Snehal Batra, managing attorney at NPZ Law Group, points out that older memberships without recent evidence could be problematic. Additionally, USCIS has removed the requirement that publications must demonstrate the value of the applicant’s work and clarified that non-artistic showcases can include ‘comparable evidence.’