Posted

March 15, 2025

By Mark Aldridge

What is the EB-1A Visa?

The EB-1A (Alien of Extraordinary Ability) visa is an immigrant Talent visa that allows you to live and work permanently in the U.S. It’s an empoyment-based immigrant visa category, which sets it apart from other immigrant visas that are tied to family reunion or asylum.

This visa is designed for highly skilled individuals in fields like business, science, arts, education, or athletics. To qualify for the EB-1A visa, you’ll need to provide evidence of solid national or international recognition and demonstrate that you bring substantial benefit to the U.S.

The cherry on top? The EB-1A could be your ticket to a Green Card and permanent long-term residency in the U.S.

Table of Contents

NB:

Obtaining the EB-1A visa is a two-step process.

The first step is submitting the EB-1A visa petition by completing the I-140 form.

Once your petition is approved, the second step is to finalize your visa application using the approved I-140.

Who qualifies for the EB-1A visa?

Entrepreneurs: Entrepreneurs from any field along with Tech Founders will have the opportunity to scale their business in the U.S., fundraise or establish U.S. headquarters

IT Pros: IT professionals at a Senior or C-Level positions — your career in the U.S. is about to get a real boost!

Executives: C-Level executives in variable sectors successfully meet the EB-1A criteria, opening up new career opportunities in the U.S.

Artists: Individuals who have achieved commercial success or recognition in their artistic field might also qualify for the EB-1A visa under exclusive criteria

EB-1A visa is often confused with…

EB1A, EB1 A, EB11, EB1-1, EB1-EA. All versions are wrong

Read and memorize the correct abbreviation

Symbol	Definition
E	Employment
B	Based
1	First Preference (highest priority)
A	Extraordinary Ability

So, the EB-1A visa is a part of the employment-based visa categories, specifically tailored for individuals with extraordinary abilities in their fields.

Visas Annual Limit: About 40,000 visas are set yearly across all the EB-1 visa categories

No Age or Nationality limits : Anyone who is at least 18 years old can obtain the EB-1A visa

EB-1A Advantages

Green Card: You, your spouse and children under 21 can obtain Green Cards

No Job Offer Needed: You can apply
without having a job offer lined up

Quick Processing: Unlike many other
Green Cards EB-1A allows you
to apply right away

A direct path to citizenship: The EB-1A Green Card gives you a pathway to the U.S. citizenship

EB-1A Visa statistics

Getting the EB-1A visa might be exactly what you’re after. But nothing paints a clearer picture of the reality than some straightforward numbers.

Here’s a breakdown of the top numbers and figures for EB-1A visas for 2023 and 2024: the number of petitions filed, approvals, RFEs and denials of Talent visas.

Year 2023 statistics. Source: https://www.uscis.gov/

If you’re considering moving to the U.S. on the EB-1A visa, you’ll want to ensure that the effort is worth it. That means taking every step possible to maximize your chances of success.

We leverage our expertise in IT and tech cases, combine the resources of our ten U.S.-licensed attorneys and do everything we can to help you achieve your career goals.

Requirements for the EB-1A Visa

To qualify for the EB-1A visa, you need:

1. Evidence of work intentions/plans.

This doesn’t necessarily need to be tied to a job offer. Evidence such as invitations to work, contracts or cooperation agreements, a business plan and a pitch deck for your startup are all acceptable.

2. Evidence of meeting the criteria for Extraordinary Abilities

There are 10 available criteria. However it is not necessary to meet all 10 for the EB-1A visa. USCIS (U.S. Citizenship and Immigration Services — the body responsible for reviewing petitions and verifying evidence) expects applicants to meet at least three.

While professionals in any field could potentially meet all the criteria, doing so in practice requires considerable effort, luck and the highest level of recognition in their profession.

If the petitioner fails to meet at least three criteria, the petition will be denied. However, a rejection doesn’t prevent resubmission after addressing the deficiencies.

There’s no minimum time limit for resubmission, but it’s recommended to address all the comments to increase the chances of success.

3. Evidence of substantial benefit to the U.S. Your Personal Statement

In general, the applicant should show that your services will be in demand, will benefit American society and that your talent will be further developed in a professional field in the U.S.

Meeting the talent criteria is the biggest part of these three. But before we go any further, we need to define your field of expertise.

Define Your Field of Expertise

Talent criteria are closely tied to how you define your Field of Expertise. It’s within this specific area that you’ll showcase your achievements, triumphs and highlights in your professional journey. Even though it seems straightforward, many applicants find it challenging to pinpoint their exact field.

Finding the right balance is crucial: if your field is too broad, you may not stand out; if it’s too narrow, you could miss out on important achievements.

Watch now to learn more About Your Field of expertise

EXAMPLE

As a startup founder, highlighting your expertise as a Management of start-ups in Fintech rather than just a Business professional can really boost your visibility in your specific skill set.
If you’re the Chief Technology Officer with a solid background in Online Travel projects, you might want to showcase this area as your primary expertise within the broader field of IT.

The EB-1A visa application is assessed by two key agencies:

USCIS (U.S. Citizenship and Immigration Services): responsible for reviewing petitions and verifying evidence.
National Visa Centre (NVC): processes documents if the application is submitted from abroad.

How do you read the Talent Criteria?

A detailed description of the key talent criteria with a detailed interpretation is provided below. Most of the criteria are described following a typical structure:

first we do an Overview of the criterion
then reveal the components of understanding and proving the criterion
we highlight additional aspects of the criterion
we give examples, positive and negative scenarios for proving the criterion.

By patiently going through the entire criterion description, you’ll end up understanding it better than many legal assistants.

Click on the green bars to reveal more details about the criterion.

EB-1A Extraordinary Ability Criteria

LEADING ROLE IN ORGANIZATION

What is the “Leading Role in Distinguished Organizations” Criterion?

This criterion requires you to show how you’ve played a key role and made important contributions in organizations that have a strong reputation.

As you think over your career path, take a moment to consider the leadership positions you’ve held. Have you led teams, managed projects, directed operations, or contributed to improving your organization’s performance?

Get ready to shine! This is an important criterion for business cases and it really forms the foundation of them. If you can’t prove that you are important to the organisation, it could be tough to demonstrate your success as a professional in the eyes of the U.S.

Two key ingredients to prove the criterion

1
Proving the leading or critical
- 1. When a role is labeled as "leading", the evidence should show that you are truly in a leadership position, often backed up by a title that matches your responsibilities.A leading role usually means holding a high-ranking position in the organization, like С-level roles (CEO, COO, CMO, CFO, CIO) or at least VP level role.
  2. For roles considered "critical", the evidence should demonstrate that your contributions have a major impact on the organization's success. Even if you are in a non-leadership role, you can still be seen as "critical" if your work is key to achieving significant results.Your contributions should be essential to the organization or division as a whole, affecting its overall reputation or standing, rather than just being tied to specific projects
2
Evidence of organization's distinguished reputation
- When we talk about organizations with a strong reputation, it’s hard not to think of big names like Google, Amazon, Microsoft, Facebook, Disney, Tesla, Apple, Samsung, Shell, Walmart and Coca-Cola. Just hearing those names gives you a sense of their prestige. Even with such well-known companies, it is still a good idea to back up their reputation with some solid proof. The USCIS isn't just looking at the big players. Even new startups could be considered distinguished. Learn more about it below.
  
  NB
  
  Working for a well-known company could definitely be a plus, but it could also come with its own challenges. For example, if you work for Amazon, it might be easy to show that the company has a great reputation. But in a giant company, it might be tough to highlight your critical role. One way to tackle this is by narrowing your focus. Instead of just saying you’re one of many Marketing Managers at Amazon, you could frame yourself as a key AI-driven Marketing Manager at Amazon East Asia. This way, you’re showcasing your specific and critical role, which can really help demonstrate your importance in your field.

Key considerations

For important jobs, Letters of Confirmation or Recommendation Letters are key. Make sure these letters come from a high-level executive or manager. They should confirm your role, highlight how distinguished it is compared to others and state that you were employed in a critical/essential capacity. The higher the author’s rank – the better.

You control the narrative you present to USCIS. Ensure that USCIS reviewers clearly understand your job duties and how your work has impacted your field and organization. Provide clear explanations along with your evidence.

Keep in mind that simply moving up to a “senior” level might not be enough. USCIS has ruled that just having more responsibilities doesn’t guarantee recognition in your field, so even junior roles could qualify as critical.

As USCIS officers review your petition, they will likely search for your name online. They focus on connections to your company, any media, or relevant information. Make sure that all online information matches with what you include in your petition and supports your overall strategy.

Timing matters. If you were in a critical role 10 years ago, it might not work for your case today. Officers might question whether you’re still performing at that level.  Similarly, if you have only been in a C-level role for six months, it’s unlikely you’ve had enough time to make a critical impact on the organization.

Types of Evidence for the criterion, or How to Prove

Positions or experiences that could qualify as leading or critical roles

C-levels and Directors
Vice Presidents
Senior-Level Employees
Creative Directors
Lead Software Architects or Engineers
Directors of Operations
Heads of Departments
Financial Directors
Head Athletics Coaches

BUT… This list is not final. You don’t need a C-level position to qualify for a critical role. So your position might be on the list too.

How to prove distinguished reputation?

There are plenty of ways to prove your reputation. Dozens of specific proofs can be categorized into main groups of factors:

Media Mentions
Company History
Leadership and Impact on the Industry
Research and Scientific Activity
International Presence and Global Reach
Scale of Operations
Partners and Clients: Big Names and Logos
ESG
Innovation
Government recognition

👇 How to prove?

Evidence of the position:

Employment agreement/contract
Additional suitable corporate documents

Evidence about achievements, projects, or any type of recognition related to the role:

Contracts with major clients and partners led by you, feedback from clients
Media mentions that demonstrate the critical role
Samples of your work, Internal presentations, reports and documents on the projects developed
Recognition of your work: any promotions, medals, or awards received, or clients’ testimonials
Letters of recommendation
Photos (Photographs can provide visual evidence of your participation in significant events, projects, or activities related to your role. They can complement other forms of documentation).

QUICK TIP on letters of recommendations

The letters should include the following if possible:

Name of signatory
Explanation of their role in the organization
Explanation of why the applicant is in a leading or critical role
Company Letterhead
Statement regarding the value of important projects you have completed, including details about them (date, location, procedures) and your role within the project (your overall benefit to the organization)

Examples of “Leading Role in Distinguished Organizations” criterion: positive and negative case scenarios

Positive scenario

– Startup founder who have secured a government grant for a project or achieved finalist status in a competition. Additionally, co-founders who played a key role in negotiations or secured substantial funding from venture capitalists to develop a unique platform, especially if backed by well-known organizations, are also important. Letters of recommendation from partners and representatives of U.S. venture capital funds – will definitely boost your case
– Detailed data about Funding, contracts with major clients and any international awards for the startup will help prove the organisation’s strong reputation

Negative scenario

– In the negative case study, the applicant held the role of Senior developer at a startup and claimed he had a critical role. However, he focused more on proving his Senior position rather than outlining his critical role. The evidence he provided about his impact on the startup was not sufficient.
– The case of a Tech Founder. His early-stage startup lacked an MVP, funding and first customers, making it difficult to prove a distinguished reputation

HIGH SALARY OR REMUNERATION

What is the "High Remuneration" Criterion for EB-1A visa?

In short, immigration officers want solid proof for your EB-1A visa application that shows your income from work in your field of expertise is significantly higher than that of others in the same field, position and region. This criterion considers individuals whose earnings are significantly above the industry average as meeting the requirement. While the USCIS regulations do not specify an exact amount or percentage for a “high salary,” generally, higher income is viewed more favorably. Attorneys on Dreem platform recommend that a salary or remuneration be in the 90th percentile to effectively meet this criterion. So, ideally, your salary should be in the top 10% of professionals holding the same position, working in the same industry as you do and paying taxes in the same region and period of time. By meeting these factors, you could satisfy the criterion for EB-1A visa.

Two key “ingredients” to prove you meet the criteria

1
Prove the fact you receive high remuneration
- The first step in proving eligibility for the EB-1A visa is establishing your remuneration. At this stage, you'll need to present a specific salary amount, which will then be compared to other relevant figures in the next step.Understanding types of remuneration
  - Salary: A regular gross base salary (monthly or annually) from employer to employee
  - Earnings: Includes all forms of compensation like bonuses, commissions and equity. It shows financial success beyond just salary for EB-1A visa
  - Future Earnings: A credible contract or job offer that outlines prospective salary or remuneration could prove that the person is capable of commanding such compensation
  NB
  
  The further away your income type is from gross salary, the more challenging it is to position and prove this figure for the EB-1A visa remuneration criterion
  Documents to prove earning
  Annual Tax Returns: to demonstrate your income over a specific period
  
  Monthly Salary Slips: to provide a detailed breakdown of your earnings
  
  Support Letter from Your Accountant: to validate your income and provide an expert opinion
  
  Contract, job offer letter, or other evidence of prospective salary or remuneration for services
2
Prove it is high in comparison to others
- Show evidence that your current salary is above the 90th percentile of those in your professional field and location. It’s all about comparing apples to apples: start by specifying your field and position, then compare yourself to others, backing it up with reliable data.
  Sources to compare your remuneration to others in your field
  When it comes to proving your salary claims, the more bullet points you can tick off — the better. However, keep in mind that not all sources are created equal:
  
  1st grade of quality Official sources, such as the Bureau of Labor Statistics or your country’s official data, are the most reliable
  
  2nd grade of quality Verified Industry Salary Reports (e.g., Payscale, Glassdoor, or industry-specific reports)
  
  3rd grade of quality Trustworthy relevant websites salary data (Payscale, Glassdoor, etc)

Ways to prove your remuneration is higher than the others

The best way to demonstrate that your salary is in the top 10% is to use official data, trustworthy public industry reports, or a custom report from a reputable recruitment agency.

If that’s not possible, here are some alternatives:

Show that your remuneration is higher than the upper limit of the range of publicly available data on relevant salary data websites like Glassdoor

Or at least…

Show it’s higher than median and average by at least 20%-30%

Easy Navigation: Documents to prove the criterion aspects

Documents to prove earning

Annual Tax Returns: to demonstrate your income over a specific period
Monthly Salary Slips: to provide a detailed breakdown of your earnings
Support Letter from Your Accountant: to validate your income and provide an expert opinion
Contract, job offer letter, or other evidence of prospective salary or remuneration for services

Documents to prove you are among TOP 10% in your field

Salary comparison trustful websites like Salary.com, Payscale.com, or Glassdoor.com to collect further valuable statistics
Comparative Wage Data
Local Wage Data
Industrial reports in your field of expertise
Research data from recruitment platforms and analyst firms

… additionally, consider using other sources to demonstrate that your earnings are at the higher end of the range

EXAMPLE: A Graphic Designer Using the Bureau of Labor Statistics (BLS)

Let’s consider an example of a graphic designer already working in the U.S. To identify the 90th percentile, we will use the Bureau of Labor Statistics, a commonly utilized and informative resource. According to the BLS, the 90th percentile wage for graphic designers is $100,930 annually, or $48.52 per hour (as of May 2022)

Key considerations

Often missed, but truly makes impact:

Aim to perform at least three separate comparisons using the data from ‘Types of Evidence’ section. This thorough approach reinforces the evidence of your high remuneration

Strengthen your application by providing evidence from each position if you’ve had high income at multiple companies

Refer to previous high income if you’re not earning a high salary now

Include a comparison table in your petition letter to present your remuneration against industry averages more clearly

Don’t forget to specify the currency and provide the USD equivalent when collecting local wage data

Provide evidence of sustained high remuneration to meet this criterion. The strongest case includes proof of high earnings over a full year. Relying on monthly or projected income is more challenging

A comparison of the average hourly rate is acceptable. Especially if it is a common practice in your field of expertise

Examples of High Remuneration criterion for EB-1A visa: positive and negative case scenarios

Positive scenario

— for example, if you’ve been a Software Developer with 10 years of experience at a tech company in Texas, Austin, your 2023 salary should ideally be compared to that of other Developers in similar tech companies in the same city with comparable experience.
— you can position yourself among the highest-paid Senior Software Developers (Texas, Austin) by referencing labor market research specific to your field and region. As you can see, $204K/year is the upper limit. Proving that you earn even more makes a strong bid to meet the criterion.

Negative scenario

— you’re a top CEO in New Delhi, India.
— you believe that your total income puts you in the top 5% of highest-paid CEOs. However, when you were to meet the criterion, you failed to take two things into consideration:
- you made a comparison with the performance of other CEOs. But you did not take into account the specification, comparing yourself also with CEOs in manufacturing
- you have not based your comparison on specific research material and cannot rely on statistics, so your claim won’t look trustful for USCIS

PUBLICATIONS ABOUT YOU

What’s “Media Publications About You” criterion?

To meet the “Media Publications About You” criterion, you need to demonstrate that reputable publications have featured articles discussing your work.

Official USCIS wording is:: Published material about the alien in professional or major trade publications or other major media, relating to the alien’s work in the field for which classification is sought.

three key ingredients to prove the criterion

1
Understanding published material
- The first step, of course, is to document the fact that there is published material. “Published material” typically refers to articles, but it might also include TV programs, web videos, or radio shows. These articles should prominently display a title, publication date and author attribution. Another major factor: the piece should have an editor, it should have gone through an editorial process.
2
Proving the relevant type of media
- There are three main types of media meeting the criterion:
  1. “Major media”This term usually refers to popular TV networks or radio stations that have a big national audience. It also includes online platforms, like YouTube channels, that attract millions of subscribers or views
  2. "Major trade publication"This refers to newspapers, journals or magazines that focus on a specific industry or function, whether they’re in print or online. It also covers important online sites. To be called "major," these publications should have a solid national or international readership or a lot of web traffic in their field
  3. “Professional publication”This term is all about specialized resources aimed at professionals. Just make sure that these resources are directly relevant to your article’s topic and fit within your area of expertise
  These media outlets should be evaluated in relation to each specific country. For example, a weekly circulation of 10,000 for a major trade outlet might not mean much in the U.S., but it could be quite noteworthy in Estonia
  
  NB
  
  According to USCIS, major media outlets with a national or international readership typically attract at least 1 million monthly visits
  
  NB
  
  Regarding quantity, if you intend to use this criterion, it's generally beneficial to aim for 2-3 qualifying articles in major media outlets or trade publications that are directly related to your area of specialization
3
Proving the relevance of the material itself
- In a nutshell, here’s what you need to show:
  - The published material is about YOU or YOUR work Great news! USCIS used to require that publications about you really highlight the importance of your work. But as of October 1st, 2024, that requirement is gone! Now, just being featured in a publication is enough; it’s considered a recognition of your contributions
  - The material is relevant to your field of expertise and should be directly related to your professional activities
  Just keep in mind that you and your work need to be the main focus of the published material for it to count toward this criterion. However, you don’t have to be the only subject in the publication.

Key considerations

Often missed, but truly makes impact:

If the articles are not originally in English, you’ll need certified translations.

Publications in regional media are generally not considered suitable.

Research and academic publications alone do not fulfill this media coverage requirement.

Promotional materials focused on selling products or endorsing services typically don’t qualify.

Mentions in indexes or footnotes without substantial evaluation do not meet the criteria.

Press releases and announcements usually don’t count.

Publications on open platforms and blogs, such as Medium, LinkedIn, or Facebook, are not suitable.

Ensure there is a clear author (e.g., journalist) and publication date.

“

Expert Opinion

Individuals who often succeed in EB-1A visa applications usually have their work featured in the press or have contributed articles to renowned journals. The reason for this is simple: when the press takes it upon themselves to write about you, it emphasizes the importance of your work or achievements

Types of Evidence for the criterion

The proof of the criterion is always about Evidence. You should consider 3 key areas of detail to effectively show how you meet this criterion in your case study.

How to prove the publication

– attach links, screenshots or photos of the publication
– the material should be published by an author clearly stated. It should be factual, well-verified and penned by reputable authors or journalists
– include key details like the title of the article and publication date
– provide at least a paragraph that strongly highlights you and your work
– incorporate photos of yourself featured in the articles to enhance their impact
– a certified translation of the articles that are not in English

How to prove the relevance of the media

Submit documents showing the publication’s reach:

Circulation Figures: Provide the latest circulation numbers that indicate how many copies of the publication are distributed.
Volume and Traffic Data: Include information on the publication’s volume (e.g., number of issues per year) and website traffic statistics (e.g., monthly visitors, page views) to illustrate its online presence.

Submit proofs of broad media outlet reach:

Circulation Figures: Attach documents or screenshots that detail the publication’s circulation figures, demonstrating its audience size.
Media Kits: Submit media kits that outline advertising options, audience demographics and reach statistics.
Demographic Insights: Provide demographic insights that highlight the publication’s readership, including age, gender, location and interests.
Describe the media, proving it’s reputation and scale.

Prove the relevance of the material

– the material should center around you, detailing the contributions, accomplishments, or work within your expertise.
– Ideally, the material should highlight your impact on the industry, recognition from peers, awards, honors, or other forms of recognition that highlight the significance your work

Examples of “Publications about you” criterion: positive and negative case scenarios

Positive Case

The article about Miranda Bogen working on solutions to help govern AI.

Note: the article includes some editorial elements like the author’s name and the publication date and it really focuses on how the expert is making contributions to his area of expertise

Negative Case

Another article on the same channel – TechCrunch – serves as a negative case study. The material does not meet the necessary criteria for published material: it is too short, has a newsworthy, even reportage character, does not contain a description of the uniqueness of the startup or the founder and simply notifies about the results of a new fundraising round

Quick Tip

So, one effective approach is to create a table that highlights key details about
circulation, demographics and other relevant factors, as outlined below:

ABOUT THE NEW YORK TIMES (Digital)

Type	Online News Platform
The Media Age	The New York Times launched its own website on January 22, 1996
Digital Subscribers	10.47 million
Rank by Circulation	#1 paywall news brand in the U.S. in 2025
Language(s)	English with occasional translations into other languages for specific stories or events
CONCLUSION	Qualifies as a ‘major trade publication’ within the meaning of the regulatory criterion

AUTHORSHIP OF SCHOLARLY ARTICLES

What is the “Authorship of Scholarly Articles” Criterion?

Simply put, USCIS wants to see that you’ve written scholarly articles or contributed to professional articles published in industry-specific publications.

USCIS representatives are primarily interested in publications for the learned reader. That is, not articles for the general public on general topics, but narrowly focused materials for a trained audience.

Three key ingredients to prove the criterion

1
Understanding the Scholarly Article format
- The first step is clear – you need to show that you have a scholarly publication authored by you. The format of the publication is important and ideally, it should be a scholarly article. Both scholarly and nearly-scholarly articles usually follow a standard structure, which includes a description of the problem, research findings and conclusions. These publications often feature graphs, infographics, footnotes and citations. Plus, make sure, your name and the publication date are included.
2
Proving the type of media is relevant
- As long as you can show evidence that the magazine or outlet is important in your field or has a large, widely-read audience — like The New York Times — you might meet the criteria. There are four main types of relevant media outlets:
  1. “Major media”This typically refers to general audience TV channels or radio stations with a strong national following. It could also include web-based channels, like those on YouTube, with millions number of subscribers and/or viewers. This includes well-known publications like Forbes, The Guardian, Financial Times and Inc., as well as online sources like TechCrunch and major media in your native language.
  2. "Major trade publication"This includes newspapers, journals, or magazines covering a specific industry whether they’re in print or online. It also includes significant online portals. To be labeled "major," such publications should have a solid national or international readership or high web traffic within the industry.
  3. “Professional publication”This refers to professional, highly specialized resources. Keep in mind that the specialization of these resources should be clearly relevant to the topic of the article and your area of expertise.
  4. “Scientific publication”The last type — journals, which includes purely scholarly or even scientific publications. It has the narrowest target audience of readers, but publications here are the indicator of the most powerful contribution to the field.
  As long as you can provide evidence that the magazine or outlet holds professional importance within your specific field or boasts a substantial and widely-read audience, you will fulfill the criteria in this aspect. Ideally, your work should be published in a reputable platform such as a peer-reviewed journal – that’s what is called the reputation of Media Outlet.
3
Relevance of Published Materials to your field of expertise
- Your publications need to be directly related to your field of expertise and should target professionals in that field. The connection is a key requirement for EB-1A eligibility.

NB: If you have written a Master’s or Ph.D. thesis, make sure it’s closely related to your field and, if possible, published in a reputable platform like a peer-reviewed journal. Stay away from topics outside your field of expertise and focus on what aligns with your field. Check out the case studies below to see how it works

Key considerations

Often missed, but truly makes impact:

Research or reports presented and published at well-known conferences could qualify as scholarly articles. Including these publications in your application can help show the scholarly influence and recognition required for the EB-1A visa.

In your EB-1A visa application, it’s crucial to provide strong evidence of the reputation of the media outlets where your articles are published. This demonstrates their recognition and influence in your field. The better your evidence, the stronger your visa application will be.

You can use SimilarWeb to check the traffic on the magazine’s website, which can give you an idea of its popularity and reach. High web traffic is often a good sign that a magazine is widely read and influential.

If the article isn’t recognized as scientific but is formatted similarly, it might still meet the criterion. To qualify, it should include footnotes, endnotes, or a bibliography and may also feature graphs, charts, videos, or images to illustrate the concepts discussed.

Both quality and quantity matter. While five articles might be enough for most applicants, you might need more if you want to emphasize your academic contributions as a scientist.

While citations of your publication are not part of the required criteria, they can enhance and strengthen your application.

Types of Evidence for the criterion

Different types of publications that can contribute

Scholarly Articles
Expert Opinion Articles
Published presentations from professional conferences
PhD dissertation
Essays or Research Papers
Scientific papers

Scholarly article checklist

To qualify as scholarly, an article should have the following characteristics:

The subject matter should be relevant for your field of expertise
The writing should be aimed at fellow experts rather than a general audience
Audience of the media outlet or journal should be relevant to your field of expertise
The inclusion of graphs, infographics, footnotes and citations will strengthen the article’s scholarly quality

Examples of “Authorship of Scholarly Articles” criterion: positive and negative case scenarios

Positive scenario

– A Startup Founder is working on an innovative project: an AI-powered assistant service. He has written an expert opinion article about building tech startups on TechCrunch, which fits perfectly with his field of expertise. The petition is backed by traffic data from SimilarWeb, showing the platform’s reach.
– Senior Developer at Amazon has written a scholarly article focused on training AI algorithms. She published it in a reputable Computer science journal and even got several citations already

Negative scenario

– An AR and VR expert does in-depth research on how AI affects medical tech and human survival. Her article gets published in a major medical journal, but it doesn’t meet the criterion because the journal’s audience isn’t the right fit for his expertise. She wrote for medical professionals, but her background is in AR/VR.
– A Startup Founder writes an in-depth and well-researched opinion piece on a topic in his field. However, he publishes it on Medium. This doesn’t meet the criterion either, since articles on social media and open-post platforms don’t meet USCIS requirements

JUDGING OTHERS

What’s "Judging Others" criterion?

It’s about evidence that you participated, either individually or on a panel, as a judge of the work of others in the same field of expertise, as yours.

three key ingredients in developing the criterion

1
Prove your judging experience
- The key element of this criterion is to prove to the officer that you actually served as a judge, either individually or as part of a panel.
  Demonstrating your participation as a panelist or individual judge within your field of expertise or a closely related one, holds significant weight because it establishes you as an acknowledged expert, making you a credible candidate for EB-1A visa. Start with showing you were invited to judge. This can be in the form of an email confirmation from the organizing committee or an official letter from them.
  
  Don’t forget to show that you actually conducted the evaluations: provide scorecards, screenshots or pictures of you performing as a judge.
  
  By the way, there are several common scenarios where you can meet the “Judging Others” criterion
  - Judging Contests and Competitions
  - Reviewing Scholarly or Professional Publications
  - Contributing to Scholarly Conferences
  - Academic Committee Roles
  - Professional Organization Involvement
  - Judging a Hackathon or Tech Event
  - Reviewing VC Fund Investments
  - Reviewing Accelerator Applications
  EXAMPLE
  
  You are a founder of a technology startup and have a track record of evaluating businesses and participating in startup competitions — this experience could be valuable to support your EB-1A visa application
2
Demonstrate the relevance of the judging area to your area of expertise
- You have judged namely the work of other professionals in the same field as you. To satisfy the “Judging others” criterion, the events, contests, or projects you have presided over as a judge should be directly connected to your area of expertise.
3
Showcase the reputation of the judging event
- Simply having a relevant judging experience is not enough — it is important to convince the officers of the prestige of your judging role. If you ran a competition in your local community, it might have been fun, but the reputation ingredient is missing. The judging should be at a national or international level.
  
  By showcasing the rigour of the judge selection process, you could convey the reputation of the judging event. If you judged on a panel with other judges, you could strengthen your case by showing these panel consists of certified professionals in your field.
  
  To carefully assemble this ingredient, be sure to include in your case description the criteria for selecting judges, selection process description, any media mentions and coverage, descriptions of other judges (your peers).
  
  Think Creatively
  
  ‘Judging others’ criterion goes beyond just judging competitions and awards. When positioned correctly, peer reviews could also be suitable. Entrepreneurs - can judge startups and projects of other founders. Similarly, expert opinions could have some value: for example, evaluating the founding team of a startup for a venture capital fund as an advisor

Types of Evidence and how to prove the criterion

Judging fact Evidence

primary evidence of your participation as a judge (e.g. an official letter from the organization/event)
screenshots of email invitations from event organizers asking you to serve as a judge
website pages/materials from the event
an official certificate
photos from the event
scorecards
correspondence

Relevance Evidence

The evidence you provide should explicitly explain:

First you prove the relevance of the event to your area of expertise. For example, an industrial event can directly correspond to your area of expertise. On the other hand, relevance can be functional. For example, as a marketer, you judge the marketing component of projects at a business forum.

Describe the nominations or categories you judged – to highlight that they directly relate to your expertise. The example of judging the marketing component is again appropriate if you judged the Best Marketing category.

Finally, prove the fact that you were specifically invited or chosen to serve in this capacity (!) right in your expert role

Judging Reputation Evidence

media coverage
big logos and reputable contributors
information about other judges (reputable ones)
background information about the organization hosting the event

Key considerations

The subtleties to build an effective case-based proof for criterion.

To meet this criterion, it is crucial to demonstrate that you were invited to judge because of your expertise in a specific field. This goes beyond simply attending any panel; it is about showing that your expertise is the reason you were asked to judge

While it may be tempting to judge work in lower-level competitions, especially in fields where higher-level competitions are limited, caution should be exercised. Only peer judging – where you evaluate the work of experienced professionals in your field — will truly be effective

It is important to highlight that your expertise is sought beyond your regular job responsibilities

Think Creatively: While the title “judge” is not strictly required, your role should involve evaluating the quality of someone’s work, rather than just enforcing rules

3 ways to definitely FAIL the criterion

Unrelated to Your Field:: USCIS’s guidelines emphasize the importance of relevance. It is crucial that the events, competitions or papers that you have judged or reviewed are relevant to your primary EB-1A field or at least closely related.

Student Competitions:

Judging is Inherent to Your Profession:: If your role primarily involves evaluating the work of others, but your professional title or role is that of a tutor or counselor, it may not fully satisfy the judging criterion.

HOW IT ACTUALLY WORKS

Positive scenario

— you’re a software engineer with a sufficient expertise in judging hackathons and participating in professional panels. You’ve evaluated the work of other top-level professionals in your field
— you are a UX designer, have acted as a judge at an international UX and UI design award competition, evaluating the work of your colleagues
— you served as a reviewer, was a member of the editorial board for scholarly publications

Negative scenario

— you’re a software engineer with expertise in judging hackathons BUT you’ve evaluated the work of talented students
— as a UX designer, you judged the work of your peers. But having only judging reputation is not enough to make a strong case – the tournament was only held at a regional level
— you were a member of the editorial board, but reviewed processes included commenting and improving just the articles, not professional publications

ORIGINAL CONTRIBUTION

What is the “Original Contribution” Criterion for EB-1A visa?

The original contribution criterion means that you’ve made innovations or advancements that have significantly impacted your field. This could include new discoveries or breakthroughs that are recognized as important by your professional community.

NB:: Pay attention to this criterion. This is where you can truly shine. By demonstrating your adherence to this criterion you can showcase your capacity for innovation. And don’t be shy about it: you’ve likely done something innovative in your career and created unique solutions. These may not necessarily be ‘inventions’ in the traditional sense. Even combining two frameworks and approaches, or providing a guide to your unique methodology, could count as meeting this criterion

Two key “ingredients” of the Criterion

1
Your contribution is original
- Original contributions are innovations or advancements that that are novel and distinctive to your field. It’s about what you’ve created that’s groundbreaking within your field — whether that’s inventing a unique app, building an innovative product or holding a patent for new technology, conducting pioneering research, or coming up with your own methodology.
  EXAMPLES OF ACHIEVEMENTS
  Patents
  
  Founding an Innovative Startup
  
  Licensed Technology
  
  Scientific Discovery
  
  Innovative Product
  NB
  
  A patent is actually a great example, because it serves as clear proof of your unique contribution.
  
  If you can show that your patent is being used by others, then you’ve fully met the “Original Contribution” criterion. That leads us to the second ingredient…👇
2
Your contribution is impactful and widely used
- It's not just about creating something new: you need to demonstrate that your contributions have made a real impact in your field.
  - Show that your contributions have genuinely made a difference within your field (e.g. you’ve developed an app — highlight how it ranks among the most used apps in the digital store).
  - Other companies, professionals or a significant number of users are using your invention. The more users, the better, but you don't need to have billions of app downloads or millions of users to prove your impact.

How to fail meeting the «Original Contribution» criterion for EB-1A visa

your contributions are not related to your field or lack originality
you didn’t take on a major role. This is a common mistake, as original products are often launched by a team. It is critical to demonstrate your significant involvement in the project
your invention is original, but you fail to prove that others are using it

Key considerations for EB-1A Visa “Original Contribution” criterion

assess if your work has advanced your field, introduced new concepts, or gained peer recognition

publications about your invention in respected magazines and a strong Google Scholar profile could be super helpful in supporting your case

clearly communicate the importance of your contributions to USCIS officers who might not have expertise in your specific field

Be Creative: Almost anything can be considered an original contribution: code, a unique framework, an IT product or a methodology. Take some time to review your experience and identify where you have created something unique

Ways to prove the “Original Contribution” criterion for EB-1A visa

Don’t forget that you have to prove both key ingredients to increase your chances of meeting the criterion.

Proving the originality of your contribution

The nature of the proof depends on the type of your Contribution. Most likely, you’ll need something from the list:

Media Coverage Emphasizing Your Contribution is novel
Patents, Clearly Designating You as the Author
Inclusion of Usage Metrics and Statistics Licensing Documentation
Evidence of Inventions Documentation of Business Strategies Implemented to Foster Company Growth
Industrial research or any evidence that your idea was original and primary
Licensed Technology Records
Research Articles and Publications Authored by You
Citations of Your Work by Other Researchers
Google Scholar Page Demonstrating a History of Citations by Peers
Comprehensive Descriptions of Your Applications
Rankings and Lists Recognizing Your Contribution as unique
Published Books
Endorsements from Reputable Authorities Venture Capital Funding Supporting Your Work
Documentation for Hardware or Software Innovations
Blueprints or Technical Diagrams Illustrating Your Contributions

Proving major significance

Media coverage that reveal and confirm that the сontribution has been recognized
Public Commentary Demonstrating Widespread Recognition of Your Work
Scholarly articles that reference your work
Awards, Memberships, Grants, or Funding Attributed to Your Contribution
Endorsement letters are vital in highlighting the impact of your original contributions for the EB-1A. Select endorsers who are personally familiar with your contributions and their impact on the industry. Aim for 3-5 well-constructed ones
Statistical Data Indicating Growth, Increased Sales, Contracts and More
Signed Contracts
Download and Usage Statistics
Awards, Memberships, Grants, or Funding Attributed to Your Contributions
Expert Letters Discussing Your Contributions of Major Significance in Your Field

Examples of the “Original Contribution” Criterion for EB-1A visa: Positive and Negative case scenarios

Positive scenario

– Let’s say you’re a tech entrepreneur. You created a unique technology with an AI algorithm. You register this technology and then use the patent to launch your product. After attracting your first users and starting sales, you noticed that your product and technology were being copied by competitors — an obvious sign of significant impact in your area of expertise
– You are a software engineer who has developed a pioneering app in the healthcare field. The app was released in 2020. From 2021 onwards, your app attracted thousands of monthly active users

Negative scenario

– You are the same Tech entrepreneur, created a patent and launched your product. But unfortunately you failed to find product-market fit, attract users and influence the industry in any way
– You are a software engineer who has developed a pioneering app in the healthcare field. But minimal research shows: your app was launched in 2021, a similar app came out in 2020 that didn’t become as popular. So you ended up borrowing its idea instead of creating something truly original for your field of expertise

AWARDS FOR EXCELLENCE

What is the “Awards for Excellence” criterion?

This criterion applies to individuals who have received a prestigious award recognizing exceptional contributions and achievements in their professional field. To qualify, the award should be acknowledged as prestigious at either national or international level. Such exclusive awards not only highlight individual excellence but also enhance professional credibility and visibility in the industry.

Official USCIS wording is: Documentation of the alien’s receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor

two key ingredients to prove the criterion

1
Presenting the award as nationally or internationally recognized
- The award you present should have a reputation that extends beyond local or regional recognition. This should reflect the esteemed reputation and high caliber of the judges involved in the process.It should be acknowledged on a national or international scale.
  Factors such as the prestige of the award, media coverage of the award ceremony, the award's history and the background of other notable recipients will help establish its recognition.
  
  EXAMPLE “How it will NOT work”
  
  Receiving the "Employee of the Month" award from a small local company or the "County Best Software Engineer Award" from a regional organization in Florida would not meet the criteria. These recognitions are limited in scope and don’t reflect the broader national or international standards required
2
Presenting the award criteria
- Provide a detailed account of the criteria used for award selection. Outline the standards and procedures involved in the selection process. Ideally, the specific criteria used to judge the award itself should be disclosed.
3
Proving the award is granted for excellence in your field
- You need to show that the awards or prizes you mention were given for outstanding achievements within your specific field of expertise. Explain how this award relates to your area of expertise and highlights you as an exceptional professional in this field.
  
  EXAMPLE “How it will NOT work”
  
  If you're applying for an EB-1A or O-1 visa as a Software Engineer, winning an Olympic Gold Medal in athletics would not qualify as an "award" in this context. This is because the medal pertains to a different field (athletics) and doesn’t relate to your intended profession in software engineering

Key considerations

Often missed, but truly makes impact:

WOW! 😍 If you’ve received a prestigious award like the Pulitzer Prize, MacArthur Fellowship, Bancroft Prize, Nobel Prize, or something similar, you automatically meet the requirements for the EB-1A visa without needing to meet any extra criteria.

The award or honor you present should specifically recognize excellence in your field and have national or international importance. Local, regional, or company-specific awards usually don’t count for the EB-1A visa.

To prove that an award highlights your excellence for your EB-1A visa application, you can provide supporting evidence like press releases, details about the strict selection process, competition data and a testimonial letter from the organization that gave you the award.

Great news!  

The award should typically be granted directly to you, the individual applicant, rather than your company. But as of October 1st, 2024, that requirement is updated! 

In fields like IT and corporate settings, awards may go to projects or entire companies. In such cases, you should demonstrate how your expertise, innovative ideas and contributions played a significant role in the project’s success or were closely tied to the company’s operations.

If your startup has received significant venture capital funding from well-known VC firms, you could present this funding as an award granted to you as founder of your business. Follow the same logic as for traditional awards. You need to explain why a prestigious venture capital company chose your company over others. Investments over $1 million tend to work best. Just be ready to prove the prestige of the venture capital firm or investment fund.

Types of Evidence for the criterion

Award types which could work out

National or International Awards
Industry-Specific Awards
Competitive Awards
Professional Association Awards
Governmental Awards
Awards and Achievements from National/International Bodies
Scholarly Awards (for professors and scholars only)
Academic Program Awards and Achievements (for professors and scholars only)
Awards Given to the Company
Awards for Startups
Venture Capital Funding as an Award
Prominent Angel Investment

Docs to prove the criterion

Explanation of the Award’s National or International Significance
Information about Jury body, their reputation and expertise
Detailed Criteria for Award Selection
Number of Awards Granted Each Year
Comprehensive Information about the Award-Granting Organization’s Reputation
Information About Past Recipients and Their Prominence

Examples of “Awards for Excellence” criterion: positive and negative case scenarios

Positive scenario

— for example, you have performed as a 10 years experienced Senior Back-End Developer. You’ve received the Global Tech Award for your outstanding achievements and innovations in app development, you can effectively showcase your qualifications
— by compiling the set of documents described above, you successfully demonstrate that you meet the “Awards for Excellence” criterion

Negative scenario

— the same Global Tech Award was granted not directly to you, but your company. Team awards could work, but that’s not the case if you failed to elaborate that your contribution to the project was significant
— for example, if the award description states that it was given to the company for its achievements in AI blockchain development, it does not specifically recognize your contributions as a back-end developer

MEMBERSHIP IN ASSOCIATIONS

What’s "Membership in Associations" criterion?

U.S. Immigration officers look for membership in prestigious organizations that you can only join through special invitations, peer-reviewed recommendations, or recognition of exceptional achievements. They really appreciate memberships that go beyond just passing an exam or hitting a minimum number of service hours.
In a nutshell, you need to be a member of an organization within your field of expertise, where membership requires exceptional accomplishments recognized by industry experts.

Three key ingredients to prove the criterion for EB-1A visa

1
Your exceptional achievements are the basis for your membership
- Not all professional memberships meet the EB-1A visa requirements. It's important to have exclusive memberships that you’ve earned through significant achievements and recognitions in your field. While passing exams or gaining field-specific experience is valuable, they might not satisfy the strict standards set by U.S. Immigration authorities. Your membership should “require outstanding achievements of the members, as judged by recognized national or international experts in their disciplines or fields”.
  
  NB
  
  The qualification criteria for membership will need to be documented using Bylaws, Evidence of High Selectivity and other forms of proof - we will cover these separately below. It is not enough to show that you have been invited to join an association for achievements - you will need to document these achievements too
  
  Examples include prestigious societies like the National Academy of Sciences, Engineering and Medicine, where memberships are typically granted based on significant recognition for groundbreaking research and outstanding accomplishments.
  
  NB
  
  Don’t forget to showcase your remarkable accomplishments and impact within your field that led to joining the Association
2
The Reputation of an Association is exceptional
- U.S. Immigration officers look for prestigious and exclusive memberships in reputable organizations. You can really see an organization’s reputation shine through when senior judges or recognized experts in the field are the ones making decisions about admitting new members.
3
You are a member of an association within your field
- As with other criteria, don't forget about relevance. Membership should serve as another way to showcase your outstanding achievements, talents and abilities.
  - Your memberships should be closely tied to your professional field
  - They should showcase a genuine affiliation with a community of experts in your field
  - You can define your field of expertise broadly, like 'Product Management' or ‘Technology Entrepreneurship’ or more specifically, 'Software Engineering,' depending on what best represents your skills and accomplishments

Think broadly: Yep: to meet the “Membership in Associations” criterion it’s key to be part of organizations that have strict selection rules and a strong reputation.

BUT… Not only associations could meet the criterion. Being a member of a reputable community with a tough selection process might also work. For entrepreneurs and startups, being selected for a reputable accelerator like Y Combinator is a great example of a non-trivial eligibility requirement

Key considerations

Climbing the membership in many associations ladder takes more effort. USCIS expects you to demonstrate your membership reflects exceptional contributions to your field. To verify this, immigration officials will review the association’s by-laws to understand membership levels.

Once an attorney passes the bar exam, they are eligible to join the State Bar Association with fee payment and good standing. A similar pattern is seen in professions like medicine, accounting, engineering and IT. These common memberships don’t meet the strict requirements for this visa category.

Ways to prove the criterion

Some ways to meet the “Membership in organizations” Criterion

Serving on a Governing Body
Demonstrating Exclusivity of Your Membership Level
Admission of your startup to a reputable Incubator or Accelerator
Showcasing Multiple Memberships

Docs to prove your membership

Bylaws of the Organization
Published Membership Criteria
Evidence of High Selectivity
Evidence of expert level of those who decide on acceptance
Reputation of other members
Signed Letter of invitation from the Organization

Examples of “Membership in Associations” criterion: positive and negative case scenarios

Positive scenario

You’re an experienced engineer. In addition to your innovative designs and obvious contributions to the industry, you have been awarded an IEEE fellowship.

The IEEE Fellow is a distinction reserved for select IEEE members whose extraordinary accomplishments in any of the IEEE fields of interest are deemed worthy of this prestigious honor

Negative scenario

Joining the State Bar Association after passing the bar exam does not meet the EB-1A membership criterion. This type of membership is standard for all attorneys in the legal field and does not reflect any extraordinary achievements or recognition from industry experts. It is a mandatory requirement for practicing law and lacks the exclusivity and selectivity needed for the visa

ARTISTIC EXHIBITIONS

What’s "Artistic Exhibitions or Showcases" criterion?

This visa category is designed for individuals who can demonstrate extraordinary ability in the arts and showcasing the work at recognized exhibitions or showcases is one way to fulfill this criterion.

Official USCIS wording is:: “Evidence of the display of the alien’s work in the field at artistic exhibitions or showcases”

three key ingredients in developing the criterion

1
Proving your work was selected based on its artistic merit
- Exhibitions or showcases should be curated or juried, meaning that the works displayed were chosen by experts or through a selective process. The key is to demonstrate that your work was featured due to its exceptional quality. You should assess whether your artistic creations have been selected for display at prestigious and recognized exhibitions. The importance lies in the recognition of the venue and the fact that your work was chosen for display due to its artistic merit.
2
Proving the venue is recognized in the art world
- Artistic exhibitions and showcases are public platforms where works of art are displayed to a broader audience. These could be solo or group exhibitions at museums, galleries, art fairs, or other recognized venues that are reputable and widely known in the art community. So, the exhibition should take place at a venue that is respected within the artistic community.
3
Proving your work was prominently featured
- It's important to demonstrate that your work was not only included but was also a significant part of the exhibition or showcase.

Key considerations

Often missed, but truly makes impact:

Endorsement letters are vital in highlighting the significance of your exhibitions for the EB-1A visa. These letters, particularly from established figures in the art world, can reinforce your application by confirming the prestige of the venues where your work was displayed. 

It’s crucial to convey the significance of the exhibitions or showcases where your work was displayed in a way that USCIS officers, who may not be familiar with the art world, can understand. You should emphasize the reputation of the venue, the exclusivity of the exhibition and any critical acclaim your work received.

Remember, the goal is to make your extraordinary contributions clear and compelling for your EB-1A visa application.

Types of Evidence for the criterion

Examples of evidence that typically meet the criterion

Exhibitions at Prestigious Museums or Galleries
Participation in Renowned Art Fairs
Solo Exhibitions
Juried Competitions

Checklist of Documents to prove

Exhibition Catalogs
Invitations
Press Coverage
Photographs of the Exhibition
Curatorial Letters or Reviews
Awards or Honors Received for Exhibited Work

Examples of “Artistic Exhibitions or Showcases” criterion: positive and negative case scenarios

Positive scenario

A contemporary artist whose work has been displayed in leading museums and galleries. Over the past five years, her art has been featured at top museums like New York’s Museum of Modern Art (MoMA) and London’s Tate Modern. These exhibitions were curated, as confirmed by official event catalogs and invitations from the organizers

Negative scenario

The artist-illustrator whose artwork has been exhibited in various art spaces and online galleries. He also displayed his work in a small local coffee shop and a rented art loft. These venues don’t have strict screening processes; they simply rent space to anyone looking to display their work. Plus, there’s no indication that his artwork has been selected by experts based on artistic value

COMMERCIAL SUCCESS IN ARTS

What’s “Commercial Success in the Arts” criterion?

This visa category is intended for individuals who can demonstrate extraordinary ability in the arts and commercial success is a powerful indicator of such ability.

Official USCIS wording is:: “Evidence of commercial successes in the performing arts, as shown by box office receipts or record, cassette, compact disk, or video sales”

two key ingredients in developing the criterion

1
Reflect your involvement in the performing arts
- The USCIS lists the following as examples of performing arts: musical compilations, theatrical performances, film or television productions. However, the list is not limited to this.
  Think creatively, any activity related to the arts and aimed at a wide audience can fall under the criterion of performing arts.
2
Proving commercial success
- Commercial success in the performing arts is demonstrated through evidence that your work has achieved significant sales or revenue. High sales figures or significant revenue from performances are strong indicators that your work is not only artistically valuable but also widely appreciated and consumed.
  - Your work has generated significant revenue: This could be through high box office receipts from performances, or substantial sales of records, CDs, or videos.
  - You have received industry recognition: Awards such as platinum or gold records, or other certifications that recognize commercial success, can be strong evidence of your impact in the field.
  - Your work is widely recognized and consumed: Demonstrating that your work has reached a large audience and achieved significant commercial success is crucial. This includes proving the popularity of your work through sales figures, streaming numbers, or ticket sales.

Key considerations

Often missed, but truly makes impact:

It is vital to present the commercial success of your work in a way that USCIS officers, who may not be familiar with the intricacies of the performing arts industry, can easily understand. You should emphasize the significance of the sales figures, revenue, or awards your work has garnered and explain how these metrics reflect your extraordinary ability.

Endorsement letters are crucial in highlighting the significance of your commercial success for the EB-1A visa. These letters, particularly from industry professionals or experts, can reinforce your application by confirming the impact and popularity of your work.

Types of Evidence for the criterion

If you have achieved commercial success in your field, it’s crucial to present this evidence effectively to U.S. Immigration. It’s important to demonstrate that your success is recognized by industry standards, such as sales certifications or awards.

Examples of evidence that typically meet the criterion

Box Office Receipts
Sales Reports for Records, CDs, or Digital Media
Streaming Data
Revenue Summaries
Sales Certifications (Gold, Platinum Records)
Awards for Commercial Success
Press Coverage Highlighting Commercial Success

Examples of “Commercial Success in the Arts” criterion: positive and negative case scenarios

Positive scenario

– as a solo singer, you have chosen to create a music album as a performing art
– you have confirmed the commercial success of your activity by reporting revenue and millions of listens from Apple Music
– the album was a hit. Other musical artists began to adopt your solutions and style, which is confirmed by expert reviews and opinions of music critics. This is another strong confirmation of your impact on the industry

Negative scenario

– you have chosen music as your performing art, but you are developing not in solo format, but as a keyboard player in a cover-band
– you won’t be able to prove the success of your album if you only perform in local bars and the music is not presented on any official platforms

EB-1A Extraordinary Ability: Examples and Cases

Engineering PhD with Groundbreaking Research

Emma Larson
from UK

Emma Larson is a distinguished engineer whose scientific work in nanotechnology has influenced the development of medical devices in UK. She was a leading expert in a company that developed more effective and affordable implants. This attracted the attention of the scientific community and major technology companies.

Emma has also published in leading technical journals, spoken at international conferences and holds a patent for an innovative invention.

We can build a case based on her unique scientific achievements, international recognition and the commercial potential of her research. Key evidence will be publications, patents, peer recommendations, letters and offers from industry partners.

Such a case can be successfully completed in 2-3 months.

Entrepreneur Who Created Successful Innovative Startups

Emma Zhang
from China

Emma Zhang is a tech founder from Shanghai, whose AI and green tech startup has received positive feedback and started to generate revenue. Her company has developed a unique platform for optimizing logistics processes using AI, which could become a new standard in several Asian countries.

Emma has also presented at international conferences and attracted a round of investment from venture capital funds.

A case can be made on the basis of innovative solutions, recognition from international organizations and successful investment. Letters of support from partners, investors and experts will help to demonstrate her exceptional achievements.

Such a case can be successfully implemented in 4-5 months.

Musician with International Awards

Luca Romano
from Italy

Luca Romano is a pianist from Rome whose performances have impressed audiences at prestigious international music competitions. He has also won prizes at a prestigious European classical music festival. His album of original arrangements has reached the top of the music charts in several countries.

Luca is also a regular judge at international music competitions, demonstrating his high standing in the music world.

The case can be built on his international awards, critics’ reviews, specifically expressed in figures, the success of the album and participation in competitions. Recommendations from festival organisers, critics and peers will provide a strong evidence base.

Such a case can be successfully implemented in 3-5 months.

Physical Therapist Without a PhD

Carla Sandoval
from Brazil

Carla Sandoval, a physiotherapist based in Sao Paulo, Brazil, is well known among her peers for the method of rehabilitation after sports injuries. She has developed a unique approach to rehabilitation that is now used by top sports teams in Latin America.

Carla has presented her research at international conferences, published 4 articles in peer-reviewed journals and trained colleagues in specialist masterclasses.

We could use this as evidence of her professional contribution to gather strong references from her colleagues and patients. We could also highlight the uniqueness of her approach and the Dreem team could skilfully optimize the submission.

Such a case can be successfully completed in 3-4 months.

Student Engaged in Practical Shooting

Rajesh Bedi
from India

Rajesh Bedi is a talented sportsman specialising in practical shooting, who has won awards at national and international competitions. He has developed his own training methodology, which he actively promotes through master classes and specialist sports conferences.

We can take advantage of his sporting achievements, publications in professional sports media and recommendations from famous coaches and referees. His unique approach to training and his recognition in sports circles deserve special attention.

Such a case can be successfully implemented in 2-3 months.

Get your EB-1A Visa managed by PROs

EB-1A Self-Petition Application Process: Documents and Questionnaire

Main Docs for the Process

Completed Form I-140

EB-1A supporting documents to prove eligibility

The EB-1A self-petition process consists of several key steps. Here is a quick guide:

Filing Form I-140: The most important document is Form I-140 (Immigrant Petition for Alien Worker), which provides information about the applicant and the basis for the issuing the EB-1A visa.

Preparation of Supporting Documents: The petition should be accompanied by evidence that the petitioner meets at least 3 of the 10 EB-1A criteria. This is the most complicated stage of work, where the applicant, together with lawyers, prepares a complex document. It is at this stage that the Dreem team provides the most effective assistance.

Paying the State Fee: Pay the filing fee for Form I-140 and Premium Processing, if applicable. Proof of payment is included with the petition.

Premium Processing: An applicant may choose the Premium Processing option to reduce processing time to 15 calendar days by attaching Form I-907 and paying an additional fee.

Ways to file your petition with the USCIS: Your petition might be filed currently by mail: Send all documents to a USCIS regional center.

Waiting for the result

Review time: Usually several months to a year (15 days for Premium Processing).
Request for Additional Information (RFE): USCIS may request additional evidence if the submitted materials are insufficient.

Getting one of the result variants

Approval: The petition moves on to the next step in the visa or adjustment of status process.
Denial: If denied, an explanation of the reasons and an opportunity to resubmit will be provided.
NOID: a formal notice indicating officer intent to deny an application, offering you to respond and address the concerns.

This process requires attention to detail and strict adherence to USCIS requirements. It’s recommended to consult with an immigration attorney to increase your chances of success.

EB-1A Green Card: Steps to U.S. Permanent Residency

What happens after your petition (I-140) application has been approved?

Well, there are basically 2 ways to get your Green Card. Let’s look at them separately.

1st Scenario: If you apply while you are outside the U.S.

If you’re outside the U.S., the National Visa Centre (NVC) will handle most of the next steps. Let’s break down what you need to do to get your EB-1A Green Card and obtain your permanent residency in the U.S.

What steps do you need to take?

1. 1. Wait for your I-797 form
  First things first, keep an eye on your email and mailbox: your I-797 form will arrive within 1-2 weeks after your petition approval.

2. Get your NVC letter
After you receive your I-797, the NVC will send you another letter. This letter will have a link to set up your personal account, using your case number. Here, you’ll find a list of you and your family members included in the petition. You’ll need to fill out some forms and pay government fees.

NB:

You can only pay these fees with a U.S. bank card, so make sure you have a payment method ready.

1. 3. Prepare your document package
  
  Once you’ve paid and completed the forms, it’s time to gather and send your documents to the NVC. Here’s how to do it:
  1. 1. Start with the letter from the NVC, which has pages that need completing This is your cover page with a list of documents.
  2. 2. Tick the boxes for the documents you want to send.
  3. 3. Include one page for each family member with their case number and barcode.
  4. 4. Make sure to organize the documents according to the checklist in step 1 placing the barcode page first.
  5. 5. Each family member needs their own section in the document pack. So, that means a separate section for each person, including the cover sheet and their documents pack.
  6. 6. Stack all the sections together in one folder. The cover page should be the one with the general list of documents with tick boxes. This is super important because a disorganized package might not be accepted.
  7. 7. Remember, all documents (except passports) require translation into English.
  Once everything is ready, send your document package to the address listed in your NVC letter.

1. 4. Wait for confirmation
  
  After the NVC receives all your documents, forms and fees, they’ll process everything and send you a confirmation letter.

5.Schedule your interview

The NVC will then set up your interview at the Embassy and send you confirmation of the date and time. Waiting times for an appointment vary, but on average, it’s about 1.5 months. Sometimes it could be longer during busy periods. The actual interview might be scheduled 3-4 months after you receive the confirmation letter, depending on the embassy’s workload. Sometimes you might get lucky and have an earlier appointment.

NB:: Don’t forget to gather your vaccination records: you’ll need certificates showing details of any required vaccinations. You can find more info on the required vaccinations on the official U.S. Department of State website: https://travel.state.gov/content/travel/en/us-visas/immigrate/vaccinations.html It’s a good idea to prepare these certificates ahead of time.

Documents you’ll need for your interview

As you have already understood, this block is relevant to those applying for an EB-1A visa while outside the USA. When you are called for an interview, here are the documents you will need:

Confirmation page of Form DS-260 (with a barcode)

Documents showing approval of your I-140 petition

Medical Examination, Form I-693

What to expect during your interview

After your I-140 petition is approved and all the administrative steps are done, it’s time for your interview at a U.S. consulate abroad. Here’s what you should know:

Language options: If your English isn’t strong enough, you can use an interpreter. Just make sure, this person is independent and not a family member.

How long will the interview take?: Typically, the interview lasts between 15 and 30 minutes but it could take longer if they need more info or documents.

Typical interview questions:

About you: What is your profession? Tell us about your achievements
About your plans in the U.S.: Where do you plan to work? What is your goal for moving to the U.S.?
About your family: Who is coming with you? Where will your family live in the U.S.?
About your immigration intentions: How will your presence benefit U.S. society?
About finances: Do you have the financial stability to live in the U.S.?

Know your case inside and out: being organized and clear about your story boosts your credibility.
The main goal of the interview is to confirm your information, check for any immigration violations and assess your intentions.

Additional notes

Document preparation: Bring both originals and copies of all important documents, including your passport, transcripts, financial documents and family certificates.
Stay calm: Being confident and providing honest answers increases the chances of success.
If the officer has doubts or lacks information your case could be sent for administrative review.

2nd Scenario: If you are already in the U.S. when you apply

But if you are already in the US, the process works a little differently.

It’s all the same until you get your I-140 Form approval.
After you get the I-140 approval (or while your application is being processed), you fill out another form called the I-485. This is an application for adjustment of status without having to leave the US.
You can also apply for a work permit (I-765) and an exit and entry permit (I-131). These applications allow you to work and travel while you await adjustment of status.
An interview is usually not required for those who receive EB-1A while already in the United States. In this case, you will receive your green card in the mail some time later. This is proof of your change of status. This process may take several months.

Both ways require attention to detail and strict adherence to USCIS requirements. It’s recommended to consult with an immigration attorney to increase your chances of success.

Green Card Validity and Restrictions

Your Green Card is normally issued for 10 years. After that, you’ll need to renew it. But don’t worry — your permanent resident status continues as long as you meet all requirements. Plus, after holding a Green Card for 5 years, you can apply for U.S. citizenship.

Restrictions for the applicant

1. 1.Obligatory residence in the U.S.: You need to maintain your presence in the U.S.. If you’re away for more than 6 consecutive months, it might raise questions about your intent to stay.

1. 2. Occupation commitment: If you stop working in the profession mentioned in your petition, USCIS might review your status.

3. Family members: Anyone getting a Green Card through you should also comply with U.S. residency requirements. If your status changes, it might affect theirs too.

EB-1A Visa Costs: Fees and Expenses

When it comes to pricing, Dreem offers the most efficient solution for customers. Compare the costs of self-petitioning versus using Dreem in our table:

	Market prices	dreem.
Consultation	Free - $500	Free
Petition preparation services	$8,000-50,000	from $11,900
Printing and sending	$300-500	Free
Response to RFE	$2,000 - $8,000	Free
Translation of documents	$500 - $4,000	Free
USCIS Fees	$1,015-3,820	$1,015-3,820
TOTAL	$10,000 - $70,000	from $12,915

	dreem.
All the way	5 – 24 months
Strategy	1-2 weeks
Documents preparation	3-6 months
Petition drafting	3-6 weeks
Submitting a petition	1-2 days
Decision	from 3 weeks to 12+ months

At the same time, we provide the most time-efficient solution. With Dreem, you can skip the paperwork and routine: we’ll gather the information for your case, prepare the petition and guide you through the complexities of the EB-1A visa process in a straightforward manner.

On Dreem’s user-friendly technology platform, your application is prepared by a US licensed attorney on our team, while a personal case manager guides you through the entire case preparation and filing process.

Our clients — entrepreneurs, IT specialists, Executives, Tech Founders and Artists — choose Dreem to save up to 120 hours on case preparation, allowing them to focus on more important things: developing their projects, implementing business plans and reaching new career heights.