EB1A Success: Addressing the 5 Common Mistakes in the EB1A Petition
To qualify for EB1A, you must prove that you are a person of exceptional ability in your field of expertise through robust evidence. While applying for an EB1A petition, most aspirants make a few mistakes in the EB1A Petition that may even result in the denial of their EB1A application.
In this blog, I am addressing the most common mistakes in the EB1A petition, which will help you avoid these pitfalls when you apply for your EB1A application and increase the chances of EB1A success. Let’s begin.
Five Common Mistakes in the EB1A Petition to Avoid
Here, I am addressing the five most common mistakes made by EB1A aspirants:
1. Lack of Clarity Regarding the Type of Evidence Needed to Meet EB1A Criteria
Many EB1A aspirants pursue specific types of evidence to meet certain EB1A criteria but often overlook alternative evidence that could qualify them for the criteria.
For example:
Many EB1A aspirants mistakenly believe that having patents is the only way to qualify for the EB1A original contribution criteria.
However, multiple types of evidence can be submitted to meet the original contribution EB1A criteria.
Some examples of evidence to satisfy this EB1A criterion include proof of innovative business strategies that have contributed to the growth of your company and a Letter of Recommendation describing how your original work is of major significance to the field.
2. Focusing on the Quantity Rather than the Quality of Evidence
Many EB1A applicants prioritize the quantity of evidence to meet EB1A requirements.
However, USCIS does not specify a specific number count for publications, awards, memberships, etc. Instead, they evaluate the quality of the evidence to determine whether it establishes your extraordinary ability to qualify for EB1A.
For example, to meet the EB1A authorship criteria, USCIS examines the quality and significance of your published papers in your field instead of solely focusing on the number of publications you have.
3. Failure to Meet the Final Merits Determination Part
This is the most common mistake in the EB1A petitions made by EB1A aspirants; they meet at least three EB1A criteria, but they fail to meet the requirements of the final merits determination phase.
That said, to qualify for EB1A, your evidence should also demonstrate, in totality, that you have received sustained national or international acclaim and have risen to the top of your field.
4. Lack of Evidence to Support Your Claims
Some EB1A applicants have participated in judging activities, published impactful papers, and secured press coverage, among other achievements.
However, they failed to submit relevant evidence to address that particular criterion, which may result in Requests for Evidence (RFEs) or the denial of their EB1-A petitions
For instance, to fulfill the EB1A judging criteria, some individuals only submit the invitation to judge.
Furthermore, they neglect to provide proof demonstrating their completion of judging tasks and other relevant evidence substantiating the quality of their judging activity. These elements are crucial for meeting the requirements of this EB1A criterion.
5. Poorly Drafted EB1A Recommendation Letter
Avoid this mistake in the EB1A petition’s expert letters: refrain from using generic statements or templates that could apply to every EB1A aspirant.
Instead, emphasize your unique contributions and achievements in your field and address the specific EB1A criteria you aim to meet. Utilize a formal language that is easily comprehensible and ensure the letter is free of errors.
Conclusion
Each EB1A profile is unique; for some EB1A aspirants, a few pieces of evidence are sufficient, while others may require more evidence to prove their case.
I hope this blog helps you avoid common mistakes in the EB1A petition while preparing for your EB1A case.
That said, at the Smart Green Card program, we understand that each EB1A profile is different.
Moreover, upon enrolling in the VIP plan, we customize an EB1A action plan for you and recommend opportunities in judging, awards, membership, publications, etc., in your field of expertise.
This is just a glimpse of what we offer. As a result, in the Smart Green Card VIP plan, we help you collect strong evidence to meet at least three EB1A criteria and navigate the final merits determination phase.
If you are looking for support and guidance throughout your EB1A journey to build your EB1A profile, then the Smart Green Card VIP plan is the right place for you.
- SGC
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