Is it easier to get a green card as a person of extraordinary ability given changes in United States Citizenship and Immigration Services (“USCIS”) policy announced on October 2, 2024? The short but lawyerly answer is maybe. What is certain is that the new updates to the USCIS Policy Manual provided clarifications on the types of evidence that may be used to demonstrate eligibility for the extraordinary ability (E11) classification under the EB-1 immigrant visa. The EB-1 visa, specifically the E11 category, is an immigration pathway for individuals with extraordinary ability in the arts, sciences, education, business, or athletics. To qualify, applicants must demonstrate that they have reached the top of their field, with sustained national or international acclaim.
Read moreThe Public Charge Rule: a Q&A
As part of every Green Card (immigrant visa) petition foreign nationals must demonstrate they will be able to support themselves and not become “public charges.” Additionally, every time foreign nationals seek admission to the US, they must demonstrate that will not become “public charges.” A “public charge” is someone the United States believes is primarily dependent on the federal government to subsist. On September 22, 2018, the Department of Homeland Security (DHS) released an advance copy of the Notice of Proposed Rulemaking (NPRM) related to the public charge ground of inadmissibility.
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