Startup Project

Tag: USCIS

  • EB1A Petition: Going Beyond Peer Review for ‘Reviewing or Judging the Work of Others’ Criteria

    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.

  • EB1A Extraordinary Ability Visa: A Comprehensive Guide to Winning Your Green Card

    The EB1A Extraordinary Ability visa, also known as the first preference EB1 category, offers a pathway to permanent residency in the United States for individuals with exceptional skills in science, arts, education, business, or athletics. This visa is designed for those who have achieved sustained national or international acclaim in their field. To be eligible for this visa, you must demonstrate extraordinary ability through at least three out of ten criteria. However, meeting these criteria alone is not sufficient. USCIS officers will evaluate the quality of the evidence submitted as a whole, considering the totality of the circumstances. It is crucial to understand these criteria in detail and provide strong evidence to support your claim.

    Criteria for Extraordinary Ability

    The EB1A Extraordinary Ability visa has ten criteria. Each criterion is specifically related to the field for which classification is sought. The evidence you submit must demonstrate that you have excelled in your chosen field and achieved significant recognition.

    Criteria 1: Lesser Nationally or Internationally Recognized Prizes or Awards

    This criterion refers to awards and prizes that have national or international recognition but are not considered major achievements like a Nobel Prize or an Oscar. You must provide evidence of the award criteria, its national or international significance, the number of recipients, and the judges or awarding body. It’s essential that the award is specifically for excellence in your field.

    Criteria 2: Membership in Associations

    This criterion requires you to demonstrate membership in professional organizations with outstanding achievement requirements for their members. The association cannot be open to everyone; you must be selected based on your outstanding achievements in your field. You should provide evidence of your invitation to join and why you were chosen.

    Criteria 3: Published Material in Major Media

    This criterion focuses on published material about you in professional or major trade publications or other major media. The material must be about you and your work, focusing on your area of expertise. You must provide circulation information for the publication to demonstrate its major media status. If the material is a video or audio interview, a transcript is required.

    Criteria 4: Participation as a Judge of Others’ Work

    This criterion requires you to demonstrate participation, either individually or as part of a panel, as a judge of the work of others in your field. It’s important to show that you were invited to judge based on your expertise, and that this activity was outside your usual job duties.

    Criteria 5: Original Scientific, Scholarly, Artistic, Athletic, or Business-Related Contributions

    This criterion requires you to demonstrate original contributions that are of major significance to your field. You can provide expert testimonial letters and explain in detail how your work is original and its impact on the field.

    Criteria 6: Authorship of Scholarly Articles in Major Publications

    This criterion requires you to demonstrate authorship of scholarly articles in professional or major trade publications or other major media. You can be a co-author, and the publication can be internal, provided it’s widely distributed. Scholarly articles typically include peer review, footnotes, and a bibliography.

    Criteria 7: Display of Work at Artistic Exhibitions or Showcases

    This criterion is only applicable for artists, requiring evidence of displaying your work at exhibitions or showcases. The work displayed must be original.

    Criteria 8: Performing a Leading or Critical Role for Distinguished Organizations

    This criterion requires you to demonstrate a leading or critical role within an organization with a distinguished reputation. You need to show that the organization is marked by eminence, distinction, or excellence. Providing organizational charts and employer letters describing your role and contributions can be helpful.

    Criteria 9: Commanding a High Salary or Other Significant Remuneration

    This criterion requires you to demonstrate a high salary or other significantly high remuneration compared to others in your field. You need to compare your salary or remuneration to others in the same field and geographical location. You can use sources like the Bureau of Labor Statistics and the Department of Labor’s Office of Foreign Labor Certification.

    Criteria 10: Commercial Success in the Performing Arts

    This criterion is only applicable for those in the performing arts. You need to provide evidence of commercial success, such as box office receipts or sales records.

    Key Takeaways

    • You must meet at least three out of the ten criteria to be classified as an individual of extraordinary ability.
    • The quality of evidence submitted is crucial. USCIS officers will evaluate the evidence as a whole to make a final merits determination.
    • Each criterion is specific to the field for which classification is sought.
    • You must demonstrate sustained national or international acclaim and continue to work in your field of expertise.

    Conclusion

    The EB1A Extraordinary Ability visa is a complex immigration process requiring careful preparation and strong evidence. By understanding the criteria and providing compelling evidence, you can increase your chances of success.

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  • What does Final Merits Determination mean for EB1A Green Card?

    The EB1A visa, known for its high standards, is a coveted path for individuals with extraordinary abilities seeking permanent residency in the United States. While meeting the basic criteria is crucial, many applicants overlook a critical aspect of the process: the Final Merits Determination. This often-misunderstood stage can make or break an EB1A application, regardless of how many criteria are met.

    Understanding the Final Merits Determination

    The United States Citizenship and Immigration Services (USCIS) requires applicants to satisfy three out of ten criteria to qualify for the EB1A. However, meeting these criteria alone does not guarantee approval. The Final Merits Determination is a subjective evaluation where USCIS assesses whether the applicant truly demonstrates extraordinary ability in their field.

    During this stage, officers look beyond the checkboxes to evaluate:

    1. If the applicant is at the top of their field
    2. Whether they have received sustained national or international acclaim
    3. If their work has been substantially beneficial to the United States
    4. Their intentions to continue working in their field of endeavor

    Why Meeting Criteria Isn’t Enough

    It’s relatively common for professionals, especially in academia or research, to meet several EB1A criteria. They might have publications, judging experience, and even evidence of high remuneration or critical roles. However, these accomplishments in isolation don’t necessarily prove extraordinary ability.

    Many applicants who meet three, four, or even five criteria still face Requests for Evidence (RFEs) or denials. The reason? Their applications lack a cohesive narrative that ties their achievements together and showcases their exceptional abilities convincingly.

    Crafting a Compelling EB1A Narrative

    To succeed in the Final Merits Determination, applicants need to weave their accomplishments into a seamless narrative. This story should clearly demonstrate how the applicant has risen to the top of their field and why their contributions are significant on a national or international scale.

    Key elements of a strong EB1A narrative include:

    1. Consistency: Ensure all parts of your application support your claim of extraordinary ability
    2. Context: Explain the impact and significance of your achievements within your field
    3. Progression: Show how your career has advanced and how you’ve gained recognition over time
    4. Future potential: Highlight how your continued work will benefit the United States

    Building a Holistic EB1A Profile

    Creating a compelling EB1A application goes beyond merely collecting evidence. It requires a strategic approach to profile building that considers both the criteria and the Final Merits Determination from the outset.

    This involves:

    1. Identifying opportunities to strengthen your profile in areas relevant to your field
    2. Seeking out experiences that demonstrate leadership and recognition
    3. Documenting your achievements thoroughly and presenting them effectively
    4. Anticipating potential weaknesses in your application and addressing them proactively

    By viewing your EB1A application through the lens of the Final Merits Determination, you can create a more robust and convincing case for your extraordinary ability. Remember, it’s not just about meeting the criteria – it’s about telling a compelling story that showcases your unique talents and contributions to your field.

    Resources:

    1. USCIS EB1A Visa Information
    2. What is takes to get EB1A?
    3. Original contributions for EB1A green card?