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EB1A Requirements for Entrepreneurs: Strategies to Qualify for EB1A

EB1A Requirements for Entrepreneurs and Strategies to qualify for EB1A
The EB1A visa category is designed for individuals with exceptional abilities in various fields, including arts, science, education, business, and sports.
 
Therefore, if you are a startup owner or entrepreneur with demonstrated extraordinary ability, you may be eligible to apply for the EB1A green card.
 
In contrast, the EB5 visa, also known as the investor visa, primarily requires a significant investment in a U.S. business that creates jobs for U.S. workers. Therefore, EB1A is one of the optimal green cards for entrepreneurs.
 
This blog explores effective ways for entrepreneurs to meet the requirements of the EB1A green card. Let’s begin.

EB1A Requirements for Entrepreneurs

EB1A Requirements for Entrepreneurs

To qualify for EB1A, you need to meet at least 3 out of 10 EB-1A criteria. Additionally, your evidence as a whole needs to demonstrate the following:

  • You have received sustained national or international acclaim.
  • Your achievements have been recognized in the field.
Furthermore, a recent USCIS policy update clarifies that if a particular EB1A criterion does not apply to your occupation, you can submit comparable evidence to meet that particular criterion.

Ways to Meet EB1A Criteria as an Entrepreneur

Here we are discussing the several ways entrepreneurs can meet the EB1A criteria:

1. Evidence of your performance in a leading or critical role in distinguished organizations

While entrepreneurs may have more control over their ventures compared to traditional employees, this can be leveraged to meet the EB1A critical role criteria
 
Subsequently, if your startup has secured significant funding from angel investors, venture capitalists, or other sources, comparable to what other startups at your stage and in your industry typically receive, this funding can be seen as an indication that your company is considered “distinguished.”
 
Therefore, you can use this evidence to demonstrate that you have played a leading or critical role in a distinguished organization.

2. Evidence of your membership in associations in the field that demand outstanding achievement of their members

Membership in Prestigious associations for EB1A
To satisfy the EB-1A membership criterion, you should showcase membership in prestigious associations that require outstanding achievements as evaluated by experts in the field.
 
 For example: 
Membership in highly selective entrepreneurship accelerators like Y Combinator or Techstars demonstrates recognition of your exceptional achievements within the field.

3. Evidence that you command a high salary or other significantly high remuneration in relation to others in the field

To meet the EB1A “high salary” criterion, you must demonstrate that your salary is significantly higher than others in your field. 
 
For example, As an entrepreneur, the high salary criterion does not directly apply to your occupation. One way to meet this criterion is by providing high-value equity holdings in a startup as comparable evidence.
 
In general, the EB1A requirements for entrepreneurs do not vary. However, if a particular EB1A criterion is not applicable to your occupation, you can submit comparable evidence to demonstrate that you meet that criterion.

4.  Evidence of published material about you in professional or major trade publications or other major media

Published Material about you in Major Media for EB1A
To satisfy the EB1A press criteria, you need to demonstrate that major media outlets have discussed you and your work in your field.
 
For example:
To fulfill the EB1A press criteria, you can showcase podcast interviews and news articles with a larger audience base that discuss your work and contributions to the field.

Conclusion

Once you meet three EB1A criteria, in the second part of the evaluation, your evidence as a whole needs to demonstrate that you are a person of extraordinary ability to qualify for EB1A.
 
Moreover, in this blog, we have explained only a few ways to meet certain EB1A criteria. There were multiple evidence options available that you can showcase to satisfy EB1A requirements for entrepreneurs.
 
At the Smart Green Card VIP plan, we help you meet at least six EB1A criteria and satisfy the final merits determination phase. If you are an entrepreneur or startup founder seeking EB1A guidance beyond professional coaching, do check out the Smart Green Card VIP plan
 

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Disclaimer

Smart Green Card is not a law firm, and our products or content should NOT be construed as legal advice on any subject matter. You should neither act nor refrain from acting based on our offerings or content without seeking legal advice from counsel in the relevant jurisdiction. All liability concerning actions taken or not taken based on our offerings is hereby expressly disclaimed.

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