Why meeting three EB-1A criteria is alone not enough to build a strong case
Here’s a post by immigration lawyer Amber Davis on why meeting three EB-1A criteria is alone not enough to build a strong case:
Three criteria is a bare minimum standard you have to meet to be minimally qualified for EB-1A.
That does not mean meeting three criteria in itself is enough to get EB-1A.
A lot of times, I do consultations with potential clients who meet three criteria (usually authorship, critical role, high salary) but whose field of expertise is not clear. They also tend to be more junior level employees.
If you have this type of profile, you’re most likely still not ready to apply for EB-1A. Most people in this position take around three to five years to build a strong profile, a lot of which will be tied to your work at your company and also how quickly you get recognized through, for example, contributions to major projects in your field.
A lot of people are surprised when I tell them that they’re probably about five years away from a strong EB-1A case, but keep in mind that EB-1A is the top immigration benefit given only to professionals who show extraordinary ability. This means you will be compared to the most senior level people in your field because what USCIS means by “extraordinary ability” is being a top professional in your field. You won’t just be compared with people at your similar job band or seniority level. You’ll be compared with everyone.
A five year timeline is doable - just be prepared for the work that’s required to build up your profile (which will require time after your full time job).
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Interested in EB-1A, EB-2 NIW or O-1? Feel free to reach out to Amber at amber.davis@waypointimmigration.org or via LinkedIn messages.
Interested in profile-building for EB-2 NIW and maximizing your chances of approval? Check out Amber’s course, NIW Ready, which helps those of you who want to build a strong NIW profile in 2-3 months. You’ll also be considered for Amber’s refundable case package, which guarantees a refund of only attorney fees if your case does not get approved. At the end of the course, assuming you do the work, you’ll be ready to file.