Do you have a strong EB-1A case if you only meet three or four EB-1A criteria?

A lot of people I talk to meet three and sometimes even four criteria (usually high salary, critical or leading role, and original contributions or judge of the work of others), but think they do not have a strong EB-1A case.?

They think they need to have publications, media about them or awards to have a strong case but the reality is that if you meet three EB-1A criteria, specifically high salary, leading or critical role and one other criterion, you are at least minimally qualified for EB-1A.

That being said, you may not have a strong case until you meet a fourth criterion, which is possible with three to four months of profile-building, especially if you already meet leading or critical role (for a lot of popular fields, it’s possible to quickly get opportunities to judge the work of others or even work on publications if you’re in a leading or critical role).

With four criteria, you should have a strong case and be ready to apply, but it is still possible to encounter a USCIS officer who thinks that to qualify for EB-1A, you need to have received media recognition or have at least a few publications in your field (the wrong standard to apply, but some USCIS officers follow their own interpretation of the EB-1A standards and is why EB-1A adjudications can be arbitrary).

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Interested in EB-1A, EB-2 NIW or O-1? Feel free to reach out at [email protected] or via LinkedIn messages and I’ll get back to you shortly!

Amber G. Davis

Immigration Attorney for Employees, Families, and Individuals

3 个月

Want to learn more about EB-1A? Here's a video on how you don't need publications for EB-1A: https://youtu.be/5EWgI4sJesc?si=I_HPyhlP5DNrq865.

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Amber G. Davis

Immigration Attorney for Employees, Families, and Individuals

3 个月

You can also sign up for the Discord community (paid) I created for immigrants who want to take control of their own future where I answer questions, provide access to my weekly livestream, and share evergreen resources to help with profile-building for EB-1A, EB-2 NIW, and O-1. Here's a link to the Discord: https://discord.gg/zU3ABrhbRa. For free resources, in addition to regular LinkedIn posts, you can also check out my YouTube channel (search for Waypoint Immigration USA on YouTube) where I post segments from the weekly livestreams and my LinkedIn and email newsletters where I plan to post more long-form content in the near future (https://waypointimmigrationusa.substack.com/).

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