Just because you’ve met three of the EB-1A criteria does not mean you automatically have a strong EB-1A case.

You still need to show that you’re an expert in your field and pass a “final merits” test.

Got denied for an EB-1A?

Consider a refile.

In my practice, I get refiled cases (many which are not originally my cases) approved all the time. It’s not an abnormal practice to refile, especially if your profile for EB-1A has evolved to better fit three of the criteria.

A lot of EB-1A applicants seem to think that when claiming high salary, you should claim total compensation. Contrary to what you might think, you should actually be claiming high salary based on your base salary, even though that number tends to be lower.

Talked to someone in IT consulting last week. In general, I’ve been getting a lot more consulting clients who are reaching out because they want to apply for EB-2 NIW or EB-1A. Many are senior leaders with years of experience and countless impressive contributions to their field, which means they may have the profile for EB-2 NIW or EB-1A.

Here’s a bit of backstory on how I came to develop a different perspective on EB-1As. Not saying that it’s the only perspective to take, but it’s one I’m comfortable with.

The stronger your EB-1A profile, the less likely you are to get denied because of USCIS discretion.

If you’re Rest of World (born anywhere except India or China), you should still be looking at EB-1A. That is, if you’re already qualified for EB-1A.

Showing the “leading or critical role” criterion for EB-1A is about so much more than job title. Especially if you don’t have a title that squarely puts you in the top 1% of professionals.

Got an EB-1A denial a few weeks ago. Turns out, the USCIS officer did not even bother to read the letter we had submitted.

A good rule of thumb for EB-1A when it comes to extraordinary ability and a strong case? Being in the top 1% of something. Or even top 10% works sometimes.

EB-1A’s extraordinary standard does not require that you be in the top 1% of the broader field to which you belong.

When evaluating EB-1A memberships, USCIS asks that applicants show that the organizations they use as evidence of meeting the memberships criterion mention “outstanding achievement” as a membership requirement.

If you’re a junior software engineer who is serious about EB-1A, here are a few pathways to consider.

Extraordinary ability in the EB-1A does not mean you need have won a Nobel Prize, a Pulitzer or an Oscar.