The EB1A (Extraordinary Ability) visa is a pathway for individuals with exceptional abilities to work in the United States. While the criteria for an EB1A petition are clearly defined in the statute and adjudicator’s manual, there’s often confusion around the ‘Reviewing or Judging the Work of Others’ criterion. This criterion is one of ten ways to demonstrate sustained acclaim within your field of endeavor, a crucial element of the EB1A petition.
Many believe that peer reviewing scholarly articles is the only way to fulfill this requirement. However, this is a common misconception. The statute doesn’t specify that peer review of scholarly articles is the sole method. Peer review just fits the requirements so people often use it.
USCIS simply requires that you have reviewed or judged the work of others within the same or similar field of endeavor and you can do that with out doing peer review of scholarly articles.
Examples of ‘Reviewing or Judging the Work of Others’
Here are some examples of how you can meet this criterion outside of peer review for scholarly articles:
- Expert Reviews of Products or Applications: As a recognized expert in your field, you may be asked to review and evaluate the work of others. For instance, a product developer could be asked to review the algorithms of a new application, providing valuable feedback and assessments.
- Technical Consultations: Providing technical expertise to companies or organizations through consultations can demonstrate your ability to review and judge the work of others. These consultations can involve evaluating research, methodologies, or technologies.
- Independent Assessments: Conducting independent assessments of projects, research, or creative works within your field can also fulfill this criterion. These assessments can be conducted for organizations, institutions, or individual researchers.
- Hackathons: Judging hackathons if you are a engineer or a software developer where winners are given recognition in the form of awards or cash prizes. The bigger the brand of the hackathon the better. Student hackathons are in the gray area and are some time accepted and are not accepted some times by USCIS. If you are going this way, try to judge hackathons that are not student hackathons.
- Judge Startup Pitch Events: If you are an investor or an expert, you might be invited to judge a pitch event where the winning pitch is awarded a small check. This type of judging is also relevant for EB1A criteria.
The key factor here is that the review or judgment is conducted **outside of your regular employment** and based on your **recognized expertise** in the field.
Achieving Success with EB1A
Understanding the nuances of each criterion and seeking legal guidance from an experienced immigration attorney is crucial for a successful EB1A petition. By accurately demonstrating sustained acclaim and meeting the specific requirements, you can increase your chances of securing this valuable visa.