How Do You Know If You Hold a Critical or Leading Role in a Distinguished Organization under EB-1A? - Silmi Law Firm

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June 3, 2024

How Do You Know If You Hold a Critical or Leading Role in a Distinguished Organization under EB-1A?

In the realm of EB-1A visas tailored for individuals with extraordinary abilities for BUSINESS related contributors, the importance of performing a critical or leading role within an organization cannot be overstated. You might be curious about what exactly qualifies as a critical or leading role within a distinguished organization. Well, the assessment involves a two-pronged approach: (1) the individual MUST hold either a Critical Role or a Leading Role, or both;  (2) within a Distinguished Organization.

Critical Role

A critical role is the individual’s contribution to an organization that is deemed to have a significant impact on the organization’s outcomes, goals, or overall success. When USCIS officers assess whether a person has a critical role, they look for evidence that shows the person’s contributions are vital and have substantial influence on the organization’s activities. In fact, If the person’s work directly affects the organization’s core activities or key outcomes, it is considered a “critical role”.

It is crucial to understand that USCIS does not place a great emphasis on an individual’s daily tasks or routine responsibilities within an organization unless they demonstrate a significant impact on the organization’s overall outcomes or strategic direction. The USCIS officer looks for contributions that go beyond routine responsibilities, ones that have a tangible impact on the organization’s overall outcome. 

Leading Role 

The leadership role can be demonstrated by your title, hierarchy within the organizational structure, and the scope of your responsibilities. Typically, a leading role occupies a high-ranking position like Chief Financial Officer (CFO) in the overarching organization, Head of Engineering within a specific division, or even Program Manager for a subdivision. USCIS assesses both the title of the role and the associated job duties to confirm its leadership status. You may oversee organizations, manage a function within departments, and supervise other personnel. 

Distinguished Organization

Finally, when it comes to the credibility of an organization, USCIS considers the general and specific reputation of the organization. 

General Reputation of an Organization 

The general reputation of an organization reflects the overall standing or perception in the public eye, typically including brand recognition, trustworthiness, and perceived reliability across various stakeholders.

Specific Reputation of an Organization 

In contrast, specific reputation pertains to how the organization is viewed within your particular field, area, or domain. This could include its reputation for a specific product, initiative, or innovation, among other specific attributes.

To support your critical or leading role, you can include letters from trustworthy and distinguished individuals within the organization who can provide detailed and persuasive insights about your contributions and clearly illustrate how your efforts have driven substantial progress and success within the company.

 

By Sharif Silmi, Sima Majnooni

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