Join our mailing list to receive the latest updates and alerts Flag Subscribe

By Immigration Group

This article was prepared with the assistance of ABIL, the Alliance of Business Immigration Lawyers, of which Loan Huynh, Fredrikson Immigration Department Chair, is a member.

U.S. Citizenship and Immigration Services (USCIS) announced on March 23, 2022, that it has updated its policy manual, effective immediately, to align existing guidance on certain first preference immigrants with a recent manual update relating to nonimmigrants of extraordinary ability. Specifically, USCIS is updating its guidance about two evidentiary criteria relating to immigrants of extraordinary ability and one relating to outstanding professors and researchers "to more closely align with recently issued nonimmigrant guidance pertaining to O-1A nonimmigrants of extraordinary ability," the agency said.

The updated guidance clarifies that:

  • For the extraordinary ability and outstanding professor or researcher classifications, "published material" about the person (or the person's work in the case of an outstanding professor or researcher) in professional or major trade publications or other major media need not be a printed article; rather, a petitioner may submit more varied forms of evidence including a transcript of audio or video coverage.
  • In the extraordinary ability classification, a person may satisfy the leading or critical role criterion through a qualifying role for a distinguished department or division in addition to an entire organization or establishment.
Jump to Page

Fredrikson & Byron, P.A. stores cookies on your device to enhance site navigation, make your browsing experience as useful as possible, and analyze site usage. By accessing this website with cookies enabled in your web browser, you agree to the storing of cookies on your device. Please read our Privacy Policy and our Disclaimer.