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.
