How to Make Your EB-1A Green Card Petition a Success

Officers use a wide range of methods to evaluate a petition. That is why you need solid evidence to support it, and you need to show clearly how the applicant stands out from their peers.

USCIS sticks closely to its statutes and regulations, yet we have seen the bar for approval in the EB-1 Extraordinary Ability category rise. The same is true for the EB-1 Outstanding Ability category and the National Interest Waiver.

We can't stress enough how important it is to give the USCIS Service Center compelling evidence that you qualify for the category. USCIS typically issues RFEs (Requests for Evidence) to get more information about the applicant's research experience, their national or international recognition and the nature of their professional abilities.

A denied EB-1 EA petition has no negative effect on future petitions in the same category or in other categories. In other words, an applicant who qualifies for EB-1 EA may also qualify for EB-1 Outstanding Researcher/Professor or the NIW. So it pays for the applicant to present their case with confidence and argue it with the evidence they submit.

Here are some strategies to boost your chances of success.

1Evaluation

Keep in mind that the EB-1 Extraordinary Ability category is interpreted narrowly, because not everyone can have extraordinary ability. Just as important: the quality of your evidence matters more than the quantity. Unnecessary paperwork weighs down and slows USCIS officers, and that will hurt your evaluation.

A careful evaluation is essential, and it's wise to get input from experts, employers and friends before you file. A well-presented case from the start helps you avoid delays later caused by RFEs. A thorough analysis strengthens the case and puts the applicant's achievements in the spotlight.

2Cover letter

Present your achievements and qualifications in plain language: USCIS officers are not experts in your field, and they work under tight deadlines. A precise, easy-to-read cover letter makes it easier for the officer to understand and process the petition. That is why every document and piece of evidence supporting the case must be presented clearly.

A strong opening, a short and coherent summary, and clearly indexed, well-organized evidence are the keys to a successful cover letter.

3Selective, strong evidence

USCIS officers prefer a shorter presentation to a longer one. Be selective and think carefully about which evidence you include, so you leave out anything irrelevant. If you can meet three or four of the ten EB-1 criteria for extraordinary ability with compelling evidence, that serves you better than adding weak evidence for more categories.

4Persuasive arguments

A balanced petition should be neither too long and padded with unnecessary details, nor too short to do justice to the applicant's abilities. A petition is won or lost on the quality of its arguments. You must set out the applicant's "extraordinary" abilities clearly and back them up with convincing references and evidence.

5Don't be modest

The applicant shouldn't hide their achievements but present their expertise in the best possible light. The petition must prove beyond doubt how they stand apart from others in their field. The officer deciding the case is looking for extraordinary ability, so documenting that ability as well as you can is fundamental.

So avoid modest wording. A "Research Scholar" or "Research Scientist", for example, sounds far stronger than a "Research Assistant" or "Teaching Assistant", and with titles like those it is very hard to claim "extraordinary ability". But make sure you never give false information: it can compromise your petition and also harm future applications.

6Petition with a concrete job offer

Anyone aiming for the EB-1 EA category should be able to present compelling evidence of outstanding work and achievement. The easiest way is a concrete job offer that clearly describes the work to be done.

The USCIS rules state: "No offer of employment is required. Neither an offer for employment in the United States nor a labor certification is required for this classification." The petition must still include clear evidence, such as letters from prospective employers, proof of commitments arranged in advance such as contracts, or a statement from the beneficiary detailing how they will continue their work in the United States.

USCIS does not strictly require the applicant to have a job right now. A job does, however, show that they can support themselves and that they are actually putting their extraordinary ability to use.

7Working in your field

An applicant with extraordinary ability doesn't necessarily have to seek formal employment in the United States. They must, however, continue working in their area of extraordinary ability in the US. Job offers, commitments, agreements to start self-employment or other evidence show that they will keep working in that field.

8Highlight creativity

The EB-1 EA petition must showcase the applicant's work as an expert in their field and also stress the innovative, creative side of that work to prove their extraordinary ability.

9Awards, prizes, grants and scholarships

Attaching proof of awards, prizes, grants and scholarships is not enough. You need to explain the specific criteria behind each award and show how it was based on merit. That raises the chances of a positive evaluation.

10Judging the work of others

A reference letter from the editor of a journal where the applicant has served as a reviewer or judged the work of others can help the officer better understand the applicant's extraordinary ability.

11Scholarly articles and citations

Writing scholarly articles, and having other scientists cite them, can demonstrate the applicant's extraordinary ability. A compilation of citations and the impact factor of the journals that published the applicant's articles help support the case. Google Scholar, Scopus, SciFinder and ISI Web of Science can help you find citations.

For EB-1 EA petitions, recommendation letters are important but not enough. Compelling evidence of the significance of the applicant's research, journal articles, citations, patents and so on, plus documents that highlight their extraordinary ability, are essential.

12Reference letters

If the applicant lacks strong reference letters, they can consider other ways to show their expertise, such as details about the journals that published their articles. Peer review can also be used, with details about the experts chosen to review the manuscripts. A detailed explanation with statistics on the actual or potential benefit of the applicant's work is another option.

13Economic benefit

The applicant should discuss the economic benefit of their work while stressing its importance to society. If the applicant's achievements are tied to a medical breakthrough or a significant national, social or political benefit, for example, the petition is more likely to be approved.

Information with a strong psychological or emotional impact helps the officer see the importance of the applicant's work and approve the case with a clear conscience.

14Publications

Having many publications helps but isn't required. Strong reference letters can still lead to approval. The applicant should always stress the importance of their work and their extraordinary research achievements, and not be discouraged by a small number of publications.

15Market-rate salary

A relatively high salary offer strengthens the case. If the offered salary is low, the applicant must explain why they earn significantly less than experts in a similar position. On its own, though, this is not grounds for denial.

16Benefit to the United States

Applicants who plan to work in their area of extraordinary ability should benefit the United States in some way.

17Holding back evidence

Don't hold back evidence in anticipation of an RFE. It's not recommended, because submitting documents dated after your original filing can cause problems.

For a full overview of the category and its criteria, see our page on the EB-1A green card. To learn about other pitfalls, read up on the most common EB-1A petition mistakes, and to find out how long the process takes, see EB-1A processing times. If your petition is denied anyway, our page EB-1A green card denied will help you take the next step.

In short

• Quality of evidence matters more than quantity; unnecessary documents only weigh down the officer.
• A clear, easy-to-read cover letter with indexed evidence makes the officer's job easy.
• Three or four strongly documented criteria are worth more than weak evidence for additional ones.
• Present your achievements with confidence, but never overstate them, and don't hold back evidence for a possible RFE.

How we help you

• Visa RoadmapIn writing: which visa fits you and your family, prepared with the immigration attorney on the firm's team.
• Visa and Green Card ConsultationWhich route to the USA fits you, settled in one conversation.
• Moving to the USAVisa, bank account, taxes and where to live: your move with Mount Bonnell Advisors.