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In pursuit of an EB1A case, folks need to understand that qualification is not solely dependent on the whether they meet the 10 criteria listed on the USCIS website. Rather, the correct approach is to consider the three requirements under the relevant statute of the Immigration and Naturalization Act. Paraphrased, the requirements are as follows, (1)  That they need to demonstrate they will prospectively benefit the United State, i.e. that they’re going to bring about future benefit to the U.S., (2) They demonstrate that they have sustained the claim that is recognized in the field of endeavor, and lastly (3)  That they will continue to work in the field of endeavor.

So when we talk about the 10 criteria that people are familiar with, whether they have awards, whether they have scholarly articles, whether they have the original contribution of major significance, whether they have worked in a critical role for an organization that has a distinguished reputation, whether they are members of a professional organization that requires outstanding achievement of its members.

All of these criteria are only dealing with one slice of the overall requirement to demonstrate sustained acclaim. But if you want to break it down further, we look at sustained acclaim in terms of what exactly the statute says. It says that the person needs to demonstrate that they have sustained acclaim recognized in the field of endeavor. This is all about recognition

Folks interested in filing an EB1A petition must chart out a uniquely tailored approach, because every case is going to be very different and every case is going to require individualized attention. So how we develop the case depends on the profile of the applicant.

When one carefully reviews the statute that lays out the requirements for the EB1A petition, they will find that everything depends on field of endeavor.

The INA lays out a three-part test for EB1A, paraphrased the requirements are as follows:

1. That they need to demonstrate they will prospectively benefit the United States, i.e. that they work in an area beneficial to US interests and will advance those interests.

2. That they demonstrate that they have sustained the claim that is recognized in the field of endeavor.

3. That they will continue to work in the field of endeavor.

Every requirement under the analysis depends heavily on the field of endeavor one is engaged in!

There is no understating how important accurately and persuasively describing one’s field of endeavor is. Your entire case depends on it. Reflecting on some of our many approved cases, the first thing I typically ask the client is: What’s your field?

For example, a recent typical case, they answered, “I’m a software engineer.” I then repeated, “But, what’s your field?” They said “Oh, software.” I then ask, “Okay, but what’s your specific field of endeavor?” They responded, “Software applications.” And, then finally, after asking them five times, they tell me their field relates to application development for a very specific type of medical device relating to detection of whether one has ingested a certain drug. Now we’re talking! Because we could position you as a person who is an expert at developing applications for a medical device of a specific nature. Narrowing the field of endeavor is the first and most important thing anybody serious about successfully pursuing an EB1A petition needs to do if they’re trying to win the case. You cannot be overly broad in fields like software, education, or marketing. Your field of endeavor has to be very specific and narrow because the ultimate test of the EB1A is not whether you meet 3 of 10 criteria, it’s whether you have risen to the very top percentage of your very specific field of endeavor.

Individuals considering applications for EB1A often consider their own qualification from a “post doctoral frame of reference.” The reality is that an  EB1A case is decided based on the specific field one is engaged in, and in many instances publications and specific journal review work is unrelated to the purpose of the individual’s endeavor. In fact, whether one has a PhD or not is not directly relevant to qualification. In many of my favorite and most successful kinds of cases, the purpose of the applicant’s role has nothing to do with publishing work, rather it has something to do with making money!

The applicant making a technological or business-related contribution needs to highlight the importance of salary and remuneration, and why it demonstrates recognition within their specific field of endeavor. If you are in the two hundred-thousand-dollar salary range or above and are interested in pursuing an EB1A, I want to talk to you, because I think I could help.

I often encounter folks who make $250,000 to $400,000 per year or more working in software, data analytics, biotech, finance, healthcare, among other industries and they think that it is normal to earn this level of income. It is not normal! You are in an extraordinary situation.

In my view, when we talk about recognition the regulatory criteria is not weighted equally , SALARY trumps publications! If you’re earning around or above $200,000 what better kind of recognition is there than the fact that somebody is paying you close to a quarter-million dollars? The answer is that there is no better objective measure of one’s recognition in their field.