Navigating the EB1A Maze: When Can You Use Comparable Evidence?
USCIS establishes ten EB1A criteria to demonstrate extraordinary ability in the field. These criteria include awards, judging, scholarly articles, media, etc.
If the EB1A criteria listed in the regulations are not directly applicable to your occupation, you can provide comparable evidence to satisfy the EB1A criteria.
In this blog, we delve into what constitutes comparable evidence according to USCIS, offering a few examples. Let’s get started.
Evaluation of Comparable Evidence in EB1A Cases
When evaluating comparable evidence in the EB1A petition, USCIS determines two things:
- It examines whether the EB1A regulatory criteria are directly applicable to your occupation.
- If the criteria are not applicable, then USCIS determines whether the evidence submitted is truly comparable to the EB1A criteria in the regulation.
Additionally, USCIS asserts that general claims that describe regulatory criteria as irrelevant to one’s occupation, without proof, are insufficient. However, it still acknowledges that if the petitioner’s statement is specific, detailed, and credible, then it can sufficiently demonstrate whether EB1A criteria are applicable to their occupation.
USCIS considerations on Comparable Evidence for EB1A
Here are some considerations and examples based on a recent USCIS policy update, explaining what constitutes comparable evidence according to USCIS:
1. USCIS considers comparable evidence for specific EB1A criteria if the petitioner demonstrates that the EB1A criterion is not easily applicable to their occupation.
2. USCIS may consider comparable evidence to meet the EB1A criterion if the petitioner demonstrates that the criterion is not readily applicable to their occupation. Additionally, the submitted evidence must be significant in fulfilling that criterion, showcasing sustained acclaim and recognition.
For example,
EB1A Authorship Criteria: Scholarly articles in the publication are not directly relevant to individuals working in the industry. Therefore, they may submit their presentation of work at a major trade show as comparable evidence to meet the scholarly article’s EB1A criterion.
EB1A Commercial Success Criteria: The 10th EB1A criterion is “commercial success in performing arts,” which is relevant to artists. However, if you are a tech professional and a product module designed by you achieves major success in the field and yields financial returns to you, this can serve as evidence to showcase your commercial success in your field.
EB1A High Salary Criteria: This EB1A criterion is not readily applicable to entrepreneurs. Therefore, they can provide comparable evidence such as their highly valued equity holdings in the startup to satisfy this criterion.
3. Additionally, USCIS specifies that one-time achievement awards, such as the Nobel Prize or Grammy Award, do not have comparable evidence.
Conclusion
EB1A allows you to petition your application independently without employer sponsorship. Moreover, the EB1A Green Card does not require a job offer or labor certification. EB1A final action dates move faster in monthly visa bulletins than EB2 and EB3 final action dates for India.
In the Smart Green Card VIP plan, we help you gather comparative evidence if the EB1A criterion does not apply to your job. Also, We assist you in meeting at least 6 EB1A criteria and aid you in navigating the final merits determination phase.
If you are seeking assistance and guidance for the EB1A profile-building process, discover the Smart Green Card VIP plan.
- SGC
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