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Do I need to show that I am in the top 1%?
For the EB-1 visa, it is not mandatory to be in the top 1%, but rather to prove exceptional recognition through solid evidence and compliance with US laws.
Read full answer →Frequently asked questions
Frequently asked questions about EB-1
Straight answers to the most common questions about the EB-1 visa.
Can I correct an error on the I-140 after submission without an RFE?
Correcting errors on the I-140 after submission without an RFE is limited and depends on the nature of the error; specialized guidance is essential to avoid risks and ensure compliance.
Read full answer →Can I cite Wikipedia as a source for awards?
For the EB-1 visa, use official sources to prove awards; Wikipedia is not considered valid without complementary and reliable documents.
Read full answer →My company abroad does not have a website. Should I send bylaws and local registration?
Companies abroad without a website should present organized legal and supporting documents to strengthen the EB-1 process and demonstrate their effective operation.
Read full answer →I won a government bid as a consultant. Is it an award?
Winning a bid as a consultant is not considered an award for the EB-1 visa, which requires prestigious recognitions that evidence extraordinary abilities.
Read full answer →I am a singer, but I only do national tours in my country. I haven’t performed abroad yet. What is ‘international acclaim’?
International recognition for EB-1 requires prominence beyond the country; without tours abroad, evaluate global awards and publications to strengthen your application.
Read full answer →Can I cite professional licenses and certifications?
Professional licenses and certifications can support your EB-1 petition, provided they demonstrate excellence and are recognized, respecting the criteria and current legislation.
Read full answer →My lectures were only regional, without national scope. Should I try another criterion?
Even with regional lectures, assess other evidence and demonstrate impact and leadership to strengthen your profile for the EB-1 visa, always with proper legal support.
Read full answer →Do numerous podcast interviews about my work count?
Interviews on relevant podcasts can prove your recognition under the EB-1 visa, but they should be part of a solid and diverse set of documented evidence.
Read full answer →I work with molecular gastronomy, without formal awards. Can I use the original contribution criterion?
Molecular gastronomy professionals without formal awards can use the original contribution criterion to demonstrate extraordinary ability in the EB-1 visa, with adequate documentation.
Read full answer →How to cite a .gov website that mentions my research?
To cite .gov websites that mention your research, include title, site, publication and access dates, following norms and consulting specialists for reliable immigration processes.
Read full answer →I received invitations to serve on thesis committees, but I declined them. Does this count?
The invitation to serve on thesis committees indicates recognition, but declining may limit its strength as evidence in the EB-1 process, making active participation and specialized guidance crucial.
Read full answer →Can I cite a ranking website that places me in the ‘top 100 in the field’?
Rankings can help with the EB-1 if they come from reliable sources and are accompanied by other proofs of professional excellence.
Read full answer →Is it mandatory to mention Kazarian in the petition?
Citing Kazarian in the EB-1 petition is not mandatory; the decision should be based on the legal strategy and the particularities of each case.
Read full answer →How to cite ‘peer-reviewed articles’ that I have published?
Correctly cite peer-reviewed articles using international standards, organize them by relevance, and maintain integrity and transparency to strengthen your EB-1 application.
Read full answer →Is it easier if I already have another approved EB-2 I-140?
Having an approved EB-2 I-140 can be advantageous but does not automatically facilitate the EB-1 process, which requires specific proof of extraordinary abilities.
Read full answer →Do you accept screenshots of online newspapers without a date?
Screenshots of online newspapers without a date require caution; complementing them with evidence that attests to the authenticity and date of publication is fundamental for success in the EB-1 visa.
Read full answer →I have received repeated invitations to be a keynote speaker. How many times does this count?
Repeated invitations as a keynote speaker count individually, provided they come from independent and relevant entities, reinforcing exceptional recognition for the EB-1 visa.
Read full answer →Does USCIS look at the passport expiration date on the I-140?
USCIS does not consider passport validity as a main criterion for approving the I-140 petition, but the document is essential in subsequent stages of the immigration process.
Read full answer →Coordinate a research project that generated publications. Is it a ‘leading role’?
Coordinating a research project with publications can be considered a leadership role for the EB-1 visa, provided the essential involvement and recognition in the field are proven.
Read full answer →How to know if I have a ‘high salary’ without data?
To assess if your salary is high without data, research sector benchmarks, consider benefits, and consult associations, always respecting immigration laws and avoiding unfounded promises.
Read full answer →Publications in the proceedings of scientific events? Do they count?
Publications in the proceedings of scientific events may count in the EB-1 process, provided they are peer-reviewed and relevant to the field, with each case evaluated individually.
Read full answer →I have university sports awards and a national award. Is that enough?
University sports awards and national awards can be relevant for the EB-1 visa, but it is essential to evaluate their competitiveness and meet multiple criteria to apply successfully.
Read full answer →I participated in a reality show and won second place. Is it a major prize?
Winning second place in a reality show may indicate talent, but for the EB-1 visa national or international recognition and other proofs of extraordinary ability are required.
Read full answer →How do I prove that my work is of ‘great impact’?
To prove that your work has a 'great impact' for the EB-1 visa, gather solid evidence and organize documentation to demonstrate recognition and relevance in your field.
Read full answer →Can USCIS use social media to check consistency?
USCIS can review social media to verify the consistency of information in immigration processes, emphasizing the importance of transparency and legal compliance.
Read full answer →After winning the ‘Final Merits Determination’, is it 100% certain?
Winning the 'Final Merits Determination' is a significant step in the EB-1 visa, but does not guarantee final approval, as reviews and pending analyses still remain.
Read full answer →My patents generated significant royalties. Is this evidence of commercial success?
Significant royalties derived from patents indicate commercial success but should be complemented by additional evidence and organized documentation for EB-1 processes.
Read full answer →Having 20 patents but no media coverage or awards, does it work?
Having 20 patents is important for the EB-1, but the absence of media coverage or awards requires additional evidence to demonstrate public recognition and significant impact.
Read full answer →Is volunteering at an association and judging the work of new members valid?
Voluntary activities can strengthen your profile for the EB-1 visa if demonstrated with recognition, aligned with the criteria, and properly documented.
Read full answer →If I send 3 similar awards from the same event in different years, is it considered repetition?
Sending similar awards from the same event in different years is not repetition, provided each is detailed and demonstrates individual and relevant recognition.
Read full answer →Can I evaluate my own research works?
You can evaluate your research works, but impartial third-party evaluations are essential to ensure credibility and success in the EB-1 visa application.
Read full answer →I am a fitness influencer and have received awards from sports brands. Is it a ‘major prize’?
To be considered a 'major prize' for the EB-1 visa, fitness awards must be recognized and granted by prestigious entities with broad relevance in the sector.
Read full answer →My field is extreme sports, without an official federation. How can I prove awards?
For EB-1 visas in extreme sports without a federation, gather solid and recognized evidence such as documents, testimonials, and reliable media that prove your awards and achievements.
Read full answer →Do I need to present Income Tax Returns to prove a high salary?
Income Tax Returns can be used to prove a high salary for the EB-1, but they are not mandatory; the proof involves various documents that attest recognition and professional excellence.
Read full answer →Can I use the same evidence for ‘original contribution’ and ‘leading role’?
Although the same evidence can demonstrate original contribution and leadership in the EB-1, it is recommended to present distinct evidence for each criterion, strengthening your petition.
Read full answer →My high earnings are in cryptocurrencies. Can I prove it with statements?
Cryptocurrency statements can prove high earnings for the EB‑1 visa, but they must be clear, organized, and accompanied by documents that validate the origin and consistency of the income.
Read full answer →Cite Netflix and Amazon if my film is available there. Is it commercial success?
Simply citing Netflix and Amazon does not prove commercial success in the EB-1; it is essential to present robust data and recognitions that demonstrate the significance of the work.
Read full answer →Is there an advantage if I have tax residency in the USA?
Tax residency in the USA facilitates administrative aspects but does not change the EB-1 visa criteria, which values professional excellence and exceptional contributions.
Read full answer →I worked for 1 year at the company abroad as a supervisor, but I was not nominally a ‘manager’…
Even without the manager title, it is possible to prove managerial experience for the EB-1C visa, provided that duties and documentation demonstrate executive or management responsibilities.
Read full answer →Was there a rumor that the American branch is just an empty room? Is it denied?
Rumors that describe American branches for the EB-1 visa as "empty rooms" are unfounded; a legitimate, documented, and law-compliant operation is essential.
Read full answer →My work had high impact on LinkedIn, but no awards. Does it help?
Recognition on LinkedIn can help with the EB-1 visa, but it is essential to prove extraordinary ability with multiple evidences and specialized professional guidance.
Read full answer →I sent 300 pages of evidence, but without an index. Is that a problem?
Sending a large amount of evidence without an index can delay the review of your EB-1 process; organization is essential to facilitate evaluation and avoid questions.
Read full answer →Fui convidado para bancas de mestrado/doutorado 2 vezes. É pouco?
Convites para bancas acadêmicas são reconhecimento, mas no visto EB-1 devem integrar um conjunto robusto de evidências comprovando excelência profissional.
Read full answer →I received an RFE requesting a salary comparison. I referred to Glassdoor. Is that enough?
Glassdoor can be a starting point for a salary comparison in an RFE, but it is recommended to complement it with official sources and additional documents to strengthen your case.
Read full answer →Did I participate in an appearance on CNN discussing my research? Good?
Appearing on CNN is positive for the EB-1 visa, but it is part of a body of evidence demonstrating your relevance and extraordinary abilities.
Read full answer →Is being a columnist on a website with 100k monthly visits considered as ‘publication of articles’?
Being a columnist on a high-traffic website can count as publication for the EB-1, provided there is solid proof of the relevance and impact of the articles.
Read full answer →Do my talks at regional TedX events count?
Talks at regional TedX events can strengthen your case for the EB-1 visa, provided they are integrated into a solid set of professional achievements and recognitions.
Read full answer →I was a guest columnist in a specialized magazine for 2 years. Which criterion would that fall under?
Working as a columnist for two years can demonstrate recognition for EB-1A, but it's essential to present multiple pieces of evidence that reinforce your professional excellence.
Read full answer →I received an email from USCIS requesting biometrics even without an I-485. Is this normal?
USCIS can request biometrics even without an I-485; always verify the authenticity of the email and consult official channels to avoid scams.
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