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.
