Do’s and Don’ts for Successful EB-1A Petitions

Employment-based first preference EB-1A visa category is available to those beneficiaries who can demonstrate extraordinary ability in the sciences, arts, education, business, or athletics through sustained national or international acclaim. The beneficiary’s extraordinary ability may not be readily apparent to an USCIS officer unfamiliar with the field.  Therefore, it is crucial for an EB-1A petition to include strong supporting evidence allowing for objective assessment of the achievements.

While extensive documentation is certainly helpful, beneficiaries should avoid flooding USCIS with undigested publications and research. Rather, a well-crafted petition will include an explanation of the beneficiary’s field of work and an analysis of his or her contributions to that field.

Our office has grown as a leading practice in EB-1 petitions and we offer FREE credentials evaluations. Please complete our online EB-1 intake questionnaire and our attorneys will get back to you within 24 hours with our assessment of your EB-1 eligibility.

Here are some additional Dos and Don’ts that will enhance the EB-1A petition.

• Do submit well-written and personalized letters of recommendation

Reference letters should go beyond what would ordinarily be submitted to support a job application. While the author may think it’s important to describe the EB-1A beneficiary as a capable and congenial member of the team, it will not be enough to show extraordinary ability. Instead, the author should focus on describing the beneficiary as someone in the top of the field, world renowned, internationally recognized, or a leading expert. In fact, an ideal letter reference letter will mention information supporting each of the EB-1A criteria claimed by the beneficiary.

Be sure to include letters from peers who have not collaborated directly with the beneficiary. However, it undermines the claim to an international reputation when the peer reference did not previously know the beneficiary, but is writing the letter simply after reviewing his or her resume and publications. Therefore, a combination of letters from collaborators and mentors who describe the beneficiary’s reputation in the field, along with a few other letters from independent references who know the beneficiary’s work via their conference presentations or publications, is the best recipe for success.  A total of five to seven letters seems reasonable given the amount of time the adjudicator has to review each petition.

• Do include third party information about awards

While the Nobel Peace Prize is probably the most recognized award in the world, most other accolades are not as well known. However, it does not mean that they would not qualify as a major award in the given field. Therefore, it is important to provide evidence demonstrating that the award is prestigious. It can be helpful to provide: the history of the award and the organization behind it; information about the number of recipients; selection criteria and description of prestigious judges.

Below is a short list of awards that have little or no weight in the EB-1 petition because they did not establish international recognition:

• Student prizes, including graduate fellowships;
• Beneficiary having made the Dean’s List or received merit awards: “Student awards for which only students compete are not major prizes or awards such that they are indicative of international recognition”;
• Awards granted by the petitioner, including internal research funding awards and bonuses;
• Travel awards;
• Teaching assistant awards;
• Elected student officer positions;
• Receipt of a high score on an admissions examination;
• Acceptance for publication;
• Research fellowships, unless granted on the basis of prior significant achievement; and
• Grants for new work (grants typically do not fall within the awards category but can make strong evidence combined with other criteria).

• Do elaborate on your role within the organization.

USCIS must be able to assess the beneficiary’s leading or critical role based on the submitted evidence. A blanket statement that the beneficiary has a leading or critical role will not be enough, even if accompanied by an impressive title. Instead, the beneficiary should describe his title and position as it relates to the organization’s structure. The beneficiary can benefit greatly by having his or her recommenders emphasize the loss the organization would suffer if the beneficiary were to leave. Providing expert advice and raising funds are additional examples of responsibilities evidencing the beneficiary’s critical role that may not be readily apparent when looking only at the job title.

• Don’t submit research and publications without an additional analysis

While it may be tempting to include the entire body of the beneficiary’s research, the mere volume will not be enough to convince USCIS that the contributions are original and significant. Instead, the evidence should explain in detail how the contributions are significant. Citing widespread commentary on the beneficiary’s contributions is one way to satisfy the requirement. However, evidence showing that the beneficiary’s work is being implemented by others could be sufficient. The beneficiary may submit contracts and licensing agreements to prove that his contributions are valued in the field.

• Don’t fail to provide proof that an organization has distinguished reputation

Extraordinary ability must be objectively apparent. Do not assume that USCIS will be aware of the distinguished status of any organization. Always provide information showing that the organization is well-regarded. This can include description from the organization’s website describing its mission and goals. Include information about the number of employees or members, as well as their past achievements. For lesser-known institutions, provide third party material describing the organization’s work

•  Don’t forget to provide information about scientific and trade journals

The journal’s mere existence is not enough to prove its prestige. Beneficiaries sometimes assume that USCIS can assess the impact of any given journal by a simple online search. However, it is the beneficiary’s task to provide that information as part of the application. Therefore, it is important to include the journal’s history and publication goals, frequency and volume of publications, as well as description of the publication process and the editorial board. Such information will aid in establishing that the journal is influential “major media” and thus increase the status of the petitioner in his or her field.

• Don’t submit unconvincing materials

Do not assume “it can’t hurt to include it” because it can. Including unpersuasive evidence only gives fodder to the adjudicator on which to base a denial. If the evidence does not rise to the level of fulfilling certain criterion, then leave it out altogether.

 How can we help?

We are hopeful that this article would help some individuals evaluate and improve their chances of filing a successful EB-1 petition.  Our office has grown as a leading practice in EB-1 petitions and we offer FREE credentials evaluations. Please complete our online EB-1 intake questionnaire and our attorneys will get back to you within 24 hours with our assessment of your EB-1 eligibility.