EB-1A Green Card: Tips & Hacks

If you'd rather rely on more than luck, here are some tips & hacks to help you with your petition.  

1Reference letters and testimonials from independent experts

Reference or support letters from other experts submitted as evidence should be checked carefully for every statement and every conclusion a reader might draw. Work with the authors of these letters and review and improve the drafts before they are finalized.

USCIS officers prefer support letters from experts with no direct connection to the applicant. If experts know you purely through your published work, that can prove your national or international acclaim.

2Publications

For USCIS, articles that merely mention the applicant's name or work are not enough. "The applicant's authorship of scholarly articles in the field, in professional journals or other major media" must be clearly documented.

3The wrong criteria

Not every criterion applies to every applicant. Review the classification you're aiming for closely so you don't apply the wrong criteria.

4Regulations

When drafting the cover letter or the reference letters for the petition, the applicant should quote the relevant regulations for the category directly. This helps the officer understand the context and view the evidence favorably.

5Three criteria

Three well-argued criteria backed by solid evidence and strong support are entirely enough for a positive evaluation.

6Proof of national or international acclaim

USCIS often denies petitions on the grounds that no international acclaim was shown. That's questionable, because under the law national acclaim in the field is already enough; international acclaim is not strictly required.

7Timing your petition

USCIS may reject documents submitted later, especially if they relate to the applicant's qualifications at the time of the original petition. In our experience, it can pay to wait to file until, for example, an important article by the applicant has been published.

8Field of endeavor

Think tactically about which field you claim extraordinary ability in. The rule is to define the field as narrowly as possible. That's why USCIS may reject evidence of achievements outside the chosen field.

9Young applicants

Some USCIS officers consider age an important factor in determining eligibility. A young applicant claiming extraordinary ability should be able to present their expertise convincingly despite a short career.

10Statements to avoid

Avoid statements suggesting a shortage of US workers in your field. They could lead the USCIS officer to recommend the labor certification process instead of the EB-1A petition.

11The applicant's character

Comments on the applicant's diligence and work ethic are irrelevant to whether they have extraordinary ability. It's far more important to highlight the significance and importance of their achievements.

12"Sustained" national or international acclaim

"Sustained" national or international acclaim requires that the acclaim has been maintained over a long period. The word "sustained" does not imply any particular age, though. An applicant can be very early in their career and still already enjoy sustained national or international acclaim.

No time frame is set for the word "sustained", so if an applicant has been recognized for an achievement, the USCIS officer will determine whether the applicant will continue to maintain that level of acclaim in their field.

USCIS will then review all the evidence in the record as a whole to determine whether the applicant still enjoys national or international acclaim and belongs to the small percentage who have risen to the very top of their field. It is important, however, to show that the applicant meets at least three of the ten prescribed criteria, e.g. 1) the significance and importance of the scholarly work created by the applicant, 2) the significance of the work the applicant has judged, and 3) the extent to which the applicant's salary or other remuneration was high compared with others in the field. The stronger the evidence of the applicant's achievements in the field, the more appropriately USCIS can process the petition.

13How the evidence is evaluated

Evidence of sustained national or international acclaim should document either a one-time achievement (a major, internationally recognized award) or at least three of the ten criteria named by USCIS. With a Form I-140 petition, USCIS officers look at the quality of the evidence, not the quantity.

USCIS assesses the quality of the submitted evidence case by case to determine whether it meets the requirements for an EB-1A visa. 

The USCIS adjudication guidance also explains that an EB-1A petition need not use the words "extraordinary ability" explicitly, but the documents should show that the applicant's contributions to the field meet the standard for extraordinary ability. The applicant may be stronger in one area than in others, but the overall impression should be that the applicant has extraordinary ability. The USCIS officer may request additional evidence to confirm the statements in the original petition.

14Scholarly contributions

To meet the extraordinary ability criterion, submit evidence of the applicant's scholarly contributions to the field. USCIS officers will then assess whether the applicant's work is a major and significant contribution to that field.

Published work and funded research from original scholarly contributions are not enough on their own to prove that the applicant's work is of "major significance". Presentations or articles in peer-reviewed journals, for example, can count as significant contributions to a field if they have drawn extensive commentary or a large number of citations.

Publishing or presenting the applicant's work, or receiving grants or patents, carries little weight unless it shows an international reputation in the field and the applicant can document widespread use or application of the patent.

15The applicant's contribution to the field

In science, you cite another researcher whenever you use their findings in your own work. USCIS will evaluate the citations submitted to establish the significance of the original contribution. Frequent citations by independent researchers show their interest in the applicant's work. An outstanding citation index can serve as proof that the applicant is an authority in the field. You can determine the citation index with tools such as Google Scholar, SciFinder, Web of Science and many more.

16Scholarly books or articles

To meet the EB-1A regulations, you can submit evidence of the applicant's authorship of scholarly articles in the field, in professional journals or other major media. The evidence should, however, discuss the significance or value of the published material. The publications must have appeared in peer-reviewed academic journals, preferably with international circulation, and been cited frequently by independent researchers in the field.

USCIS officers decide whether the applicant has authored scholarly articles in the field and whether the publication is a scholarly book or journal with international circulation. Scholarly articles should include an abstract, a description of the methodology, footnotes, endnotes and a bibliography.

The most convincing evidence here is that independent experts or organizations consider the published material significant, or that it has been widely cited or adopted by the industry or the professional community. Peer-reviewed presentations at academic conferences or "peer-reviewed" articles in scientific journals that drew a lot of commentary or gained recognition in the field can be strong evidence.

17Published material about the applicant

Officers will determine whether the published material is about the applicant's national and international contributions to the field, and not just about their employer or another organization they are associated with.

Documentation of published material should include the circulation, the intended audience, and the title, date and author of the material.
Keep in mind that published abstracts do not carry the same weight as full-length articles, and an unpublished manuscript does not count as published material.

Articles published in one country and circulated only domestically, such as many medical journals in the local language, do not meet the standard of international reputation.

18Judging the work of others

The applicant can show that they were invited to judge the work of others and actually took part in the judging. Reviewing grant applications or articles can also meet this criterion. General letters or requests passed on by an advisor or mentor will not be considered.

Examples: peer reviews for a scientific journal, with evidence of the journal's request to carry out the review and evidence that the review was actually completed; or serving on a dissertation committee that makes the final decision on a candidate's doctorate, documented by records from the school or department.

19Membership in academic societies or associations

Applicants who belong to prestigious associations should show that these maintain high admission standards. Submit the criteria for selective membership together with proof of your membership in the association.

USCIS officers will determine whether the applicant's membership requires outstanding achievements in the academic field. For associations with several membership tiers, the applicant's tier should require outstanding academic achievements. The following, for example, are not sufficient:

• Membership based solely on level of education
• Membership based solely on years of experience in a given field
• Membership based on paying a fee
• Membership through subscribing to the association's publications

20Lesser nationally or internationally recognized prizes for excellence

For this criterion, it is important not only to prove the award but also to show that it matters in the field. Officers will determine whether the applicant has received prizes or awards.

Factors in assessing significant prizes or awards for excellence in the field include:

• The criteria used to grant the prizes or awards
• The number of recipients or winners

21Pray!

Your case is reviewed by a person, not a machine or a computer, so the outcome is highly subjective and depends heavily on the officer who ends up reviewing it. Hope that luck is on your side and your case lands with an understanding officer.

For more pitfalls to watch out for, see our page on common mistakes in EB-1A petitions; the criteria are explained in detail on the EB-1A green card category page. For the full overview, visit our EB-1A green card hub.

In short

• Support letters from independent experts carry more weight than letters from your immediate circle.
• Three well-argued criteria backed by strong evidence are enough.
• Under the law, national recognition is sufficient; international recognition is not required.
• Define your field as narrowly as possible, and back up citations, judging, memberships and awards with proof of their significance, not just their existence.

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